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Full-Text Articles in Law

Teaching Legal Ethics, Susan Burns Jan 1993

Teaching Legal Ethics, Susan Burns

Legal Education Review

There is a growing body of literature in the United States and Canada which examines the place of instruction in legal ethics in the broader context of legal education. To date, there has been little consideration of this subject in Australian writing on legal education. This paper reviews the more recent literature in the area, particularly in relation to the need for instruction in legal ethics, the forms of existing tuition and the alternative course structures and teaching methodologies.


Legal Education And Professional Development - An Educational Continuum, Report Of The Task Force On Law Schools And The Profession: Narrowing The Gap, (Illinois: American Bar Association 1992), Eugene E. Clark Jan 1993

Legal Education And Professional Development - An Educational Continuum, Report Of The Task Force On Law Schools And The Profession: Narrowing The Gap, (Illinois: American Bar Association 1992), Eugene E. Clark

Legal Education Review

This American Bar Association (ABA) Task Force publication is a report of the findings of an in-depth study of the “range of skills and values necessary for a lawyer to assume responsibility for handling a legal matter.”The ABA Task Force which prepared the Report was comprised of approximately 40 leading law academics, legal practitioners and members of the judiciary. The project took three years to complete and is commendable for its thoroughness and the manner in which it built upon the foundation laid by earlier studies such as Zemans and Rosenblum, The Making of a Public Profession. The purpose ...


Improving The Quality Of Learning In Law Schools By Improving Student Assessment, Nicolette Rogers Jan 1993

Improving The Quality Of Learning In Law Schools By Improving Student Assessment, Nicolette Rogers

Legal Education Review

Internationally and nationally there is an exciting wave of renewed interest in improving the quality of higher education. In the context of legal education, law schools across Australia are engaged (or soon will be given the new push towards academic “accountability”), in the sometimes painful process of examining and evaluating the effectiveness of their teaching. Whilst it is essential when considering how to encourage students to adopt qualitative learning approaches to consider the effect of all elements in the learning “eco-system” on the student, it is my thesis that student assessment plays not only an important, but a critical role ...


Graduate Research Seminars: Theory Or Praxis?, Terry Carney Jan 1993

Graduate Research Seminars: Theory Or Praxis?, Terry Carney

Legal Education Review

Australian legal education has not devoted much attention to settling the form and content of post-graduate programs. Indeed, the very idea of a separate identity for post-graduate training is something of an oxymoron in Australia. Postgraduate degree programs were slow to develop in Australian legal education. They made their presence felt only in the mid 1970s, as masters by coursework programs were introduced at Sydney (1965), Monash (1973), and a few other law schools. In the design of these programs, little attention was given to systematic training in research methods or theory. The programs were introduced at a time of ...


The Participation Of Indigenous Australians In Legal Education, Daniel Lavery Jan 1993

The Participation Of Indigenous Australians In Legal Education, Daniel Lavery

Legal Education Review

This paper is based on a survey of Australian law schools in 1990–91 which sought to investigate the interface between indigenous Australians and law studies. The survey was prompted by similar recent research conducted in Canada. The focus of this paper is the Australian data but a review of the Canadian scene will be given to show the depth of field which exists. The Australian survey results will be first presented. A survey of the Canadian scene will follow with the interest being on the special entrance schemes available to Indian, Metis and Inuit peoples and the existence and ...


Competition, Cooperation And Legal Change, Service Ideal, Competition, Corporatisation, Legal Services, Australian Legal Academy, David Weisbrot Jan 1993

Competition, Cooperation And Legal Change, Service Ideal, Competition, Corporatisation, Legal Services, Australian Legal Academy, David Weisbrot

Legal Education Review

There are a number of trends in the development of the contemporary Australian legal profession which have been widely remarked upon, among them: the growth in size of the profession; the increasingly boundary-free nature of legal practice; the imperatives for private legal practice to become more competitive and “business-like”; the deprofessionalisation of certain formerly lucrative areas of legal practice, such as residential conveyancing; the crisis in legal education caused by the very poor level of resources available to the university law schools; the inaccessibility of the courts for reasons of cost and delay, and the consequent growth of Alternative (or ...


Field Placement (Externship) - A Valuable Application Of Clinical Education?, Graeme Coss Jan 1993

Field Placement (Externship) - A Valuable Application Of Clinical Education?, Graeme Coss

Legal Education Review

[Extract] The three primary models of clinical legal education can be readily distinguished. In-house programs involve live-client contact as well as supervision by a full-time member of Faculty; the same program may also be situated off-campus. Simulation programs are free of live-client case work. Field placements (or externships) may have live-client work, but primary responsibility for supervision rests with persons other than full-time Faculty. Externships permit more students the opportunity of having clinical experiences than do in-house clinics, where costs and the very nature of the educational experience place severe limitations on the numbers of students permitted to enroll. Externships ...


Instructional Design And Student Learning In Professional Legal Education, Julie Macfarlane, Pat Boyle Jan 1993

Instructional Design And Student Learning In Professional Legal Education, Julie Macfarlane, Pat Boyle

Legal Education Review

The study which is described in this paper was designed with two complementary objectives in mind. The first objective was to carry out research to discover more about student conceptions of their learning in an educational program which would introduce a new approach to learning and challenge their expectations. The researchers — an instructional evaluation specialist and a law teacher — were particularly concerned in the first stage to explore as wide a range of student conceptions and reactions to the learning process as possible and then to attempt to draw some general observations from those results. A phenomenographic1 approach was used ...


Bringing Clinical Learning Into A Conventional Classroom, Kathy Mack Jan 1993

Bringing Clinical Learning Into A Conventional Classroom, Kathy Mack

Legal Education Review

[Extract] Some forms of clinical legal education have been part of Australian legal education for many years. However, the focus of this clinical legal education has tended to emphasize either practice-oriented skills training, such as in the post graduate legal practice courses, or client service, which is emphasised at the Kingsford Legal Clinic, the Monash/Springvale program and the proposed Queensland program. Although attention to clinical legal education has increased recently among university based law schools in Australia, there is still some of the unfortunate polarization of views which marked the early days of the US debate about clinical legal ...


University Academics Responding And Adjusting To The Increasing Numbers Of Cross Cultural And Overseas Students, D J Phillips Jan 1992

University Academics Responding And Adjusting To The Increasing Numbers Of Cross Cultural And Overseas Students, D J Phillips

Legal Education Review

This article draws on material gathered during the conduct of two research projects. The first project investigated the nature of the primary determinants of study success for Indonesian Post Graduate students studying in Australian universities. This project was sponsored by the Australian International Development Assistance Bureau (AIDAB). The second study entitled Research into the Professional Development of Tertiary Teaching for Academics: With Special Reference to Cross Cultural and Overseas Student Interaction, investigates the nature of the reaction of academics to the increasing number of cross cultural and overseas students attending their courses. This project, was funded by the Department of ...


Social Structure, Educational Attainment And Admission To Law School, Alex Ziegert Jan 1992

Social Structure, Educational Attainment And Admission To Law School, Alex Ziegert

Legal Education Review

[Extract] “From the moment you are born, ...”, a recent TV advertisement tells us, “... the odds are stacked against you!”. The advertisement then goes on to demonstrate how minimal the chances are to incur certain favourable life-events. It suggests that, rather than trying hard, it is better to play the lottery as a way of overcoming the adversities of everyday life. However doubtful the actuarial calculations may be which are used in the advertisement, it makes a forceful point: what we expect to be, and what — in a democratic society — is promised to be, apparent equality of opportunities turns out as ...


Secondary School And University Results As Predictors Of Success In Law, Patrick Parkinson, Karen Tremayne, Julie Stubbs Jan 1992

Secondary School And University Results As Predictors Of Success In Law, Patrick Parkinson, Karen Tremayne, Julie Stubbs

Legal Education Review

Selection of students for university places has become an important public issue. Generally, issues of access and equity in admission to higher education have been high on the agenda of the federal government in the 1980s, and continue to be so. They have been the subject of numerous reports. Most of the attention has been focused upon finding alternatives to traditional routes to matriculation, as well as raising awareness among high school students of the possibilities of tertiary education. Schemes have been developed to allow applicants without traditional HSC or equivalent qualifications to gain admission to university. Thus programmes have ...


Teaching Writing In Law: A Model To Improve Student Learning, Annette Hansche Jan 1992

Teaching Writing In Law: A Model To Improve Student Learning, Annette Hansche

Legal Education Review

[Extract] Every year in almost every course, there are students whose work is assigned low grades because it lacks substance, clarity, creativity and sophistication. Why is such poor quality work produced? This familiar problem was raised recently by Shirley Rawson and Alan Tyree. The explanation focussed on by the authors is the failure of students to define or apply criteria for good work. The authors’ aim is accordingly to improve student performance by self and peer assessment which require the definition and application of criteria to evaluate one’s own or a peer student’s work. My own aim in ...


Preparing A Teaching Pohtmlolio For Law Educators, Patricia Weeks Jan 1992

Preparing A Teaching Pohtmlolio For Law Educators, Patricia Weeks

Legal Education Review

AIMS The aims of this article are to assist teachers of law to begin a process of self-reflection about their teaching, identify areas of strength and begin to develop a teaching profile. WHAT IS A TEACHING PORTFOLIO AND PROFILE? There seems to be some confusion in the literature regarding what a collection of evidence about teaching should be called. In some instances it is referred to as a profile, in others a dossier or portfolio. For simplicity portfolio will be the term used for the collection of data on your teaching. A summary of this information can then be used ...


The Status Of American Legal Education, Dennis R. Nolan Jan 1989

The Status Of American Legal Education, Dennis R. Nolan

Legal Education Review

Legal academics in Australasia must get tired of the constant run of reports on various aspects of American legal education. In recent months, for example, there have been several articles on the ideological schools now contending in America, including law and economics, critical legal studies and feminism. Nevertheless, over the years American developments (notably the casebook, the so-called Socratic method, university law reviews and clinical legal education) have swayed legal education elsewhere in the English-speaking world. Moreover, trends in legal education, both good and bad, seem to begin in the United States and then spread abroad. On the theory that ...


Translation And The Divorce Lawyer: Simulating The Law And Society Interface, Richard Ingleby Jan 1989

Translation And The Divorce Lawyer: Simulating The Law And Society Interface, Richard Ingleby

Legal Education Review

In this paper I discuss the use of simulation to explore the role of the legal profession in the resolution of matrimonial disputes. Two points are assumed. The first is the importance of the legal profession to both theoretical and practical aspects of family law.The second is the relative and possibly related dearth of empirical research about the legal profession. Some empirical studies have appeared in response to Mnookin and Kornhauser’s complaint that, “in view of the critical role of lawyers and the disparate functions they may perform, it is startling how little we know about how lawyers ...


The Socratic Method: Silencing Cooperation, Jenny Morgan Jan 1989

The Socratic Method: Silencing Cooperation, Jenny Morgan

Legal Education Review

[Extract] Feminist law teachers in North America, as in Australia, have been grappling with the issue of the silencing of women students, and have added their voices to the growing chorus of criticism of the Socratic method. This paper tentatively explores the relationship between teaching styles and the silencing of women students in classrooms. The paper arises out of the experience of becoming a law student after being a law teacher for some eighteen months, and my subsequent return to the front of the classroom. In other words, as with much feminist work, this paper is grounded in my own ...


The Behaviour Of Family Lawyers And The Implications For Legal Education, John H. Wade Jan 1989

The Behaviour Of Family Lawyers And The Implications For Legal Education, John H. Wade

Legal Education Review

Legal educators have often developed courses with the purported goal of teaching students to “think like lawyers.” Yet little is known about the ways various classes of lawyers think or behave. This paper offers some insights through anecdotal observations of the behaviour of family lawyers in Sydney. It must be conceded, however, that even beginning to demystify lawyerly behaviour does little to resolve current debates about the goals and methods of legal education.


The Growth Of Legal Education In Australian Secondary Schools: Implications For Tertiary And Secondary Legal Education, Marlene Le Brun, Eugene E. Clark Jan 1989

The Growth Of Legal Education In Australian Secondary Schools: Implications For Tertiary And Secondary Legal Education, Marlene Le Brun, Eugene E. Clark

Legal Education Review

The success and popularity of various law-related education programs in secondary schools is evident again in the recent formal introduction of legal studies into the school systems in Queensland and New South Wales. Law-related education is not a new idea in Australia, however. In some Australian states, particularly Victoria and Tasmania, legal studies programs have grown and apparently flourished. In this article we argue that it is time for a review of law-related education. Such a review is especially useful to school systems, such as those in Queensland, embarking on a program of law-related education and provides a foundation for ...


Justinian In The Hinterlands: Roman Law As An Introduction To A Standard Curricular Course On English Legal History, Michael H. Hoffheimer Jan 1989

Justinian In The Hinterlands: Roman Law As An Introduction To A Standard Curricular Course On English Legal History, Michael H. Hoffheimer

Legal Education Review

[Extract] Most English-language law schools offer one or more courses on legal history. The courses usually focus on English legal history — especially the development of common law doctrines and institutions. In the United States the courses may also cover Anglo-American legal history or there may be a separate course on American legal history. In contrast, Roman Law is offered infrequently as a substantive course, and the history of Roman legal doctrines and institutions is not usually included in the course or courses on legal history. Shunning Roman Law is often justified on historical and pedagogical grounds. Knowledge of Roman Law ...