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Full-Text Articles in Legal Education

Law Students’ Experiences In An Experiential Law And Research Program In Australia, Nicky Mcwilliam, Tracey Yeung, Annabelle Green Nov 2018

Law Students’ Experiences In An Experiential Law And Research Program In Australia, Nicky Mcwilliam, Tracey Yeung, Annabelle Green

Legal Education Review

This paper details a small study of the experiences of 28 undergraduate and postgraduate law students who participated in a student-based research team program. The program employed an interdisciplinary approach to cooperative learning strategies, with students working together in a shared learning experience on a practice-based research project at the Faculty of Law, University of Technology Sydney. Within the framework of a research area related to alternative dispute resolution practices in the legal system, students experienced real-life reference points for learning the law, and were offered a chance to apply relevant legal theory. Whilst the overwhelmingly positive findings must be ...


Do (Underperforming) Students Benefit From A Flipped Lecture? Evidence From Business Students Studying Company Law, Félix E. Mezzanotte Nov 2018

Do (Underperforming) Students Benefit From A Flipped Lecture? Evidence From Business Students Studying Company Law, Félix E. Mezzanotte

Legal Education Review

In a company law course, the face-to-face lecture was flipped with the purpose of improving the lecture experience of students and their preparedness to engage in deep-learning seminar activities after the lecture. The flipped lecture consisted of a bundle of three tasks: a set of three pre-recorded videos narrating the lecture slides, an online graded quiz, and an oral feedback session on the quiz’s solutions. The students completed the first two tasks outside class but the third task in class. Data from a student survey and course grades were used to evaluate the performance of the flipped lecture compared ...


(Re)Introducing A Closed Book Exam In Law, Cathy S. Sherry, Leon Terrill, Julian Laurens Nov 2018

(Re)Introducing A Closed Book Exam In Law, Cathy S. Sherry, Leon Terrill, Julian Laurens

Legal Education Review

In the past half century there has been a move towards open book examinations in many tertiary institutions. However, the body of research on open book and more traditional closed book exams is diverse and even contradictory in its findings. Law-specific research is almost non-existent. This article discusses the findings of an empirical research project on the introduction of a closed book exam in the compulsory subject Land Law, in an institution that has only used open book exams. The closed book exam and subsequent research were motivated by concerns about the way in which contemporary students do open book ...


Online Teaching: The Importance Of Pedagogy, Place And Presence In Legal Education, Lillian Corbin, Lisa Bugden Oct 2018

Online Teaching: The Importance Of Pedagogy, Place And Presence In Legal Education, Lillian Corbin, Lisa Bugden

Legal Education Review

The demand for universities to provide technology based teaching opportunities for students is increasing. Universities consider online teaching as having economic benefits; students see technology as facilitating their need to study flexibly, and, more importantly for this paper, the legal profession is now recognising the importance of technology in practice and calling for graduates to be technology-literate.

This paper accepts that technology will be part of the pedagogical practices of the teaching of law and therefore considers how technology can be used to support a fully online offering. In this regard, the paper does not accept that the teaching methods ...


Adapting Law Lectures To Maximise Student Engagement: Is It Time To 'Transform'?, Liam Elphick Sep 2018

Adapting Law Lectures To Maximise Student Engagement: Is It Time To 'Transform'?, Liam Elphick

Legal Education Review

Dwindling student attendance and engagement in lectures is a significant concern for higher education providers. An increasing reliance on online recordings as a substitute for face-to-face teaching, coupled with students taking on a wider range of commitments, has led to lower attendance rates, particularly in lectures. This article explores how transformative teaching, which utilises engaging and interactive methods of teaching to challenge, redefine, and ‘transform’ students’ learning and critical thinking, can be used to adapt lectures in order to maximise student engagement and learning. Empirical data collected from students, academic staff, and executive members at the University of Western Australia ...


Cple Newsletter Issue 11 Aug 2018

Cple Newsletter Issue 11

Centre for Professional Legal Education Newsletter

We are mid-way through our third year of operation, and the Centre for Professional Legal Education is busier than ever. Our members continue to engage in important research into legal education issues and challenges, and the Centre continues to develop innovative legal programs and courses such as the Graduate Certificate in Legal Education. In May we hosted a visit by AI guru John C Havens and partnered with Baker McKenzie to deliver the FT Innovative Lawyers Summit in Sydney.


Legal Education Xmoocs – A Mirage In The Australian Regulatory Environment?, Stephen Colbran, Scott Beattie, Anthony Gilding Aug 2018

Legal Education Xmoocs – A Mirage In The Australian Regulatory Environment?, Stephen Colbran, Scott Beattie, Anthony Gilding

Legal Education Review

As the legal profession enters a period of significant transformation brought on by globalisation and changing social conditions, legal education will be required to respond to these changes, becoming more flexible, inclusive and less expensive. The xMOOC (Massive Open Online Course) has led educational innovation internationally, but is stifled by extensive regulation in Australia. The Australian higher education regulatory scheme has been designed to manage the extensive costs and risks in the context of three or four year degree programs, but some of this stringency is not as necessary for low cost or open education initiatives. Legal Admission regulation also ...


The Myth Of The Teaching-Research Nexus, Alex Mckenzie, Lynden Griggs, Rick Snell, Gary D. Meyers May 2018

The Myth Of The Teaching-Research Nexus, Alex Mckenzie, Lynden Griggs, Rick Snell, Gary D. Meyers

Legal Education Review

Much has been written about the teaching-research nexus. The view presented in this article is that this nexus is a myth, particularly in research led universities and, from our personal experience, research-led law schools. The metrics of research performance expectations, combined with other aspirations such as quality teaching and community service, prevent any meaningful opportunity for a research-led law school to connect students to the ongoing and current research of their mentors. This absence is exacerbated by the continuing division, or at least separation, between the coalface of teaching, and the senior management elite of the University, and the removal ...


Cple Newsletter Issue 10 May 2018

Cple Newsletter Issue 10

Centre for Professional Legal Education Newsletter

Welcome to the latest issue of the CPLE Newsletter. In additional to the usual information about CPLE research activities and training courses, inside you will find an engaging profile of one of Bond Law’s most well-known and accomplished researchers, Emeritus Professor John Farrar. Over a career spanning decades, Professor Farrar has acquired an international reputation for his important work in legal education, legal reasoning and corporate law.


Enhancing The First Year Curriculum And Experience: Law School ‘Boot Camp’, Adam Webster, Bernadette Richards, Melissa De Zwart, Alexander Reilly, Suzanne Le Mire Mar 2018

Enhancing The First Year Curriculum And Experience: Law School ‘Boot Camp’, Adam Webster, Bernadette Richards, Melissa De Zwart, Alexander Reilly, Suzanne Le Mire

Legal Education Review

This article outlines and analyses the changes made to the First Year program at the Adelaide Law School to front load the teaching of legal skills. It identifies the particular challenges faced by first year law students in developing legal language and skills and outlines the curriculum changes which were adopted by the First Year teaching team to address these challenges. It reflects upon the responses to considerations of student diversity, course design, student engagement, and assessment design and provides an analysis of the success of the First Year ‘Boot Camp’.


Exploring Changes In The Emotional Intelligence Of Law Students, Cindy L. James Jan 2018

Exploring Changes In The Emotional Intelligence Of Law Students, Cindy L. James

Legal Education Review

The primary purpose of legal education is to teach students how to think like lawyers. However, given the opportunities and challenges involved, completing a Juris degree must also have an impact on the affective skills of students, but how so and to what extent? This longitudinal, mixed methods study was designed to answer this question by exploring changes in the affective skills of law students, utilizing the construct of emotional intelligence. Emotional intelligence (EI) is defined as the ability to identify, process, and manage emotions to effect positive behaviour. To assess the changes, quantitative data from emotional intelligence tests administered ...


Preparing For Practice: Clinical Legal Education Through The Lens Of Legal Education Discourse, Jackson Walkden-Brown, Lindsey Stevenson-Graf Jan 2018

Preparing For Practice: Clinical Legal Education Through The Lens Of Legal Education Discourse, Jackson Walkden-Brown, Lindsey Stevenson-Graf

Australian Journal of Clinical Education

Australian legal educators have been singing the praises of clinical legal education loud and clear in recent years. Moreover, a significant percentage of Australian law schools have introduced diverse clinical education programs. While it is widely accepted that clinical subjects are a welcome addition to the modern law student experience, it is contended that there are varied perspectives on the appropriate function and design of clinical subjects and programs. The purpose of this paper is to conceptualise these diverse perspectives by examining clinical legal education through the lens of legal education discourse. Legal education is characterised by distinct and competing ...


Perceptions Of Competence And Well-Being In Clinical Legal Education, Monica Taylor, Tamara Walsh Jan 2018

Perceptions Of Competence And Well-Being In Clinical Legal Education, Monica Taylor, Tamara Walsh

Australian Journal of Clinical Education

This paper examines the interrelationship between clinical legal education and student well-being in an Australian setting. It reviews literature on the association between studying law and student psychological distress, and the role of clinical legal education in educating students about empathic lawyering. The paper reports on the findings of a small empirical study in an Australian university, which compared students’ and their supervisors’ perceptions of student well-being in the clinic context. Study findings discovered considerable variance between study participants’ perceptions of student well-being, with supervisors noting a tendency for students to be over confident, demanding, competitive and lacking in empathy ...


Cple Newsletter Issue 9 Dec 2017

Cple Newsletter Issue 9

Centre for Professional Legal Education Newsletter

Welcome to this edition of the CPLE Newsletter. It is my pleasure to introduce this newsletter reporting on the many activities Centre members have undertaken since the release of our last edition.


Student Perspectives On Talking About Sexual Assault In Australian Law Classes, Anna Belgiorno-Nettis Dec 2017

Student Perspectives On Talking About Sexual Assault In Australian Law Classes, Anna Belgiorno-Nettis

Legal Education Review

Much of the academic literature on how to talk about sexual assault in law classrooms is written by lecturers, however it is often in reaction to student viewpoints. This paper responds to lecturer approaches by representing student perspectives on talking about sexual assault in Australian law classes, and how student experiences might inform teaching methods. I suggest that the student anecdotes that are recounted in the paper highlight two aims in teaching sexual assault law beyond a learning outcome involving knowledge of substantive law. The first is to acknowledge the perspective of students that have experienced sexual assault, and the ...


Blended Learning In The Law Classroom: Design, Implementation And Evaluation Of An Intervention In The First Year Curriculum Design, Melissa Castan, Ross Hyams Dec 2017

Blended Learning In The Law Classroom: Design, Implementation And Evaluation Of An Intervention In The First Year Curriculum Design, Melissa Castan, Ross Hyams

Legal Education Review

When a university-mandated ‘Better Teaching Better Learning’ agenda targeted at unit enhancement coincided with a whole of curriculum review, law lecturers teaching first year law units at Monash University piloted a ‘semi-flipped’ series of short videos, supported by online and in-class activities, in order to incorporate blended learning design in key foundation units. This paper examines the key issues in the design, and implementation and evaluation of the ‘semi-flipped’ experience, highlighting lessons learnt, in terms of technical support, pedagogical issues and assessment considerations. In particular, the utility in seeking to evaluate students’ learning outcomes, engagement with reading materials and in-class ...


Active Learning In Law By Flipping The Classroom: An Enquiry Into Effectiveness And Engagement, Kylie Burns, Mary Keyes, Therese Wilson, Joanne Stagg-Taylor, Kate Van Doore Dec 2017

Active Learning In Law By Flipping The Classroom: An Enquiry Into Effectiveness And Engagement, Kylie Burns, Mary Keyes, Therese Wilson, Joanne Stagg-Taylor, Kate Van Doore

Legal Education Review

Extract:

Legal educators are increasingly encouraged, if not directed, to apply technological innovations in course design and delivery. The use of blended learning, in which courses are delivered in a combination of face-to-face settings and online, has become almost ubiquitous. Blended learning is often associated with active learning, in that a combination of face-to-face and online activities are particularly suitable to facilitate students’ active engagement in learning. Recently, there has been a great deal of interest in a particular type of blended learning which is known as ‘flipped’ learning.


Heroism Science Offers A New Framework For Cultivating Civic Virtue Within Clinical Law Programs, Francina Cantatore, Nickolas J. James Nov 2017

Heroism Science Offers A New Framework For Cultivating Civic Virtue Within Clinical Law Programs, Francina Cantatore, Nickolas J. James

Australian Journal of Clinical Education

Law schools have an obligation to produce law graduates who are not only knowledgeable and competent but also committed to working towards the public good. Clinical law programs, and in particular pro bono law clinics, have the potential to provoke a positive personal transformation on the part of the law student, leading to the development of civic virtue, but law schools lack a useful framework for conceptualising, facilitating and evaluating this personal transformation. The emergent field of heroism science provides such a framework. In particular the notion of the ‘hero’s journey’ can be drawn upon to address some of ...


Foreword - Teaching Legal Writing, Chantal Morton Oct 2017

Foreword - Teaching Legal Writing, Chantal Morton

Legal Education Review

This issue contains three papers first presented at a Legal Writing Symposium hosted by Melbourne Law School in December 2015. The event was designed to highlight the diversity of approaches to teaching legal analysis and writing in law school, and the creative and inspiring people who think deeply about these topics. When Kate Galloway, current Editor in Chief of the Legal Education Review, heard about the symposium she approached me to suggest a special edition to highlight the papers presented. This edition is the result of her creative suggestion, the generosity of the editors at the LER, and the commitment ...


Cple Newsletter Issue 8 Jul 2017

Cple Newsletter Issue 8

Centre for Professional Legal Education Newsletter

It has been an eventful couple of months since the last issue of the newsletter. Centre members have produced some high quality journal articles, conference presentations and other academic publications (listed in this newsletter). The PLT team under Hugh Zillmann and Tanya Atwill has delivered another exceptional Professional Legal Training program. Libby Taylor, Rachael Field, Jane Hobler and Lori Allen-Short have worked extremely hard to deliver our popular Dispute Resolution short courses. And last month the Centre was an important presence at the Annual Conference of the Australasian Law Teachers Association. Papers were presented by the Centre’s Louise Parsons ...


Cple Newsletter Issue 7 May 2017

Cple Newsletter Issue 7

Centre for Professional Legal Education Newsletter

Welcome to the latest newsletter for the Centre. This month I am delighted to report that the Centre will shortly be commencing its first major research project. The project will investigate the impact of emergent technologies upon the teaching of core law subjects in the Australian law curriculum. It will involve the establishment of up to six ‘Focus teams’, each made up of academics and practitioners, and each tasked with identifying the impact upon a particular core law subject area e.g. criminal law, public law, corporate law etc. The project outputs will include guidebooks for law teachers, online resources ...


Cple Newsletter Issue 6 Mar 2017

Cple Newsletter Issue 6

Centre for Professional Legal Education Newsletter

Welcome to the March issue of the monthly newsletter of the Centre for Professional Legal Education. We have some exciting news this month. We have been approached by Western Sydney University and asked if we would consider taking over the Centre for Legal Education. If you have not heard of the CLE, it was originally established in 1992 by the Law Foundation of New South Wales. In its early years the Centre was extremely active, and engaged in some important and impactful projects, including a number of studies into the career intentions of law students and the career destinations of ...


Cple Newsletter Issue 5 Feb 2017

Cple Newsletter Issue 5

Centre for Professional Legal Education Newsletter

Welcome to the first CPLE newsletter for 2017. As the Centre begins its second year of operation, there is certainly a lot going on. Our academic members continue to produce high quality scholarship into legal education, and we will shortly circulate a report setting out the many journal articles, monographs and conference papers produced by CPLE members in 2016. Kate Galloway and I have started planning a legal education ‘mega-project’ – made up of multiple sub-projects – looking at the impact of digital disruption upon the way the traditional core of the law curriculum (contract law, tort law, criminal law, etc) is ...


More Than Merely Work-Ready: Vocationalism Versus Professionalism In Legal Education, Nickolas J. James Jan 2017

More Than Merely Work-Ready: Vocationalism Versus Professionalism In Legal Education, Nickolas J. James

Law Faculty Publications

This article offers a critique of the dominance of vocationalism within contemporary Australian legal education, and a strategy for challenging that dominance. ‘Vocationalism’ is an educational philosophy or approach to teaching that claims the content of the curriculum must be governed by its occupational utility. In the context of legal education, it is the notion that what is taught in the law school, and how it is taught, must be determined primarily by its consistency with the goal of student employability. In other words, it is the notion that the principal purpose of legal education is preparing law students to ...


Digesting Discourse: How Animal Law Facilitates High Quality Legal Education, Jackson Walkden-Brown Jan 2017

Digesting Discourse: How Animal Law Facilitates High Quality Legal Education, Jackson Walkden-Brown

Legal Education Review

Animal law teachers typically assert that an animal law classroom provides the ideal training ground for a law student. The purpose of this paper is to critically examine this assertion and, ultimately, to provide a supporting argument for the proposition that animal law is a unique vehicle for providing students with a high quality legal education. Legal education is characterised by distinct and competing discourses with respect to the nature of law teaching, including doctrinalism, vocationalism, corporatism, liberalism, radicalism and educationalism. The first part of the paper provides an overview of Foucauldian discourse theory and a description of each legal ...


A Compulsory Dispute Resolution Capstone Subject: An Important Inclusion In A 21st Century Australian Law Curriculum, Rachael M. Field, Alpana Roy Jan 2017

A Compulsory Dispute Resolution Capstone Subject: An Important Inclusion In A 21st Century Australian Law Curriculum, Rachael M. Field, Alpana Roy

Legal Education Review

The Australian legal profession, and Australian legal education, have experienced significant change over the last three decades. There has, for example, been an exponential increase in the use of forms of dispute resolution (DR) other than litigation to resolve legal disputes, and legal education has evolved to include a stronger focus on the teaching of legal skills and values. This article contributes to the literature arguing that DR should no longer simply constitute part of the elective choices available to law students, but rather should be embedded within the LLB and JD core curricula. First, the article considers the recent ...


The Student Experience In Second Year Programmes In New Zealand Law Schools, Lynne Taylor, Erik Brogt, Ursula Cheer, Natalie Baird, John Caldwell, Debra Wilson Jan 2017

The Student Experience In Second Year Programmes In New Zealand Law Schools, Lynne Taylor, Erik Brogt, Ursula Cheer, Natalie Baird, John Caldwell, Debra Wilson

Legal Education Review

This paper reports the experiences of a self-selected cohort of students enrolled in second year law programmes at three New Zealand universities. The cohort experienced a very similar teaching and learning experience as a result of the New Zealand legal education regulatory regime and the teaching and assessment programmes adopted by the participating law schools. What students say about the time that they devote to their studies is reported, as is what students say that they do during scheduled classes and periods of self-study. The type and frequency of the contact that students have with their teachers and peers is ...


Using Guiding Principles To Construct Effective Multiple Choice Exams To Assess Legal Reasoning, Felicity Deane, Danielle Bozin Jan 2017

Using Guiding Principles To Construct Effective Multiple Choice Exams To Assess Legal Reasoning, Felicity Deane, Danielle Bozin

Legal Education Review

The purpose of this paper is to apply established principles for designing effective multiple choice questions to the development of multiple choice exams that can assess high level legal reasoning skills. The authors advocate for an extension of the use of multiple choice exams and suggest that established principles for designing effective multiple choice questions are transferrable to the law discipline. Rule based reasoning in traditional law exams requires that students have knowledge of a legal rule, apply it to a given set of facts (which may include reasoning by analogy), consider any exceptions to the rule and draw conclusions ...


Legal Education In Vietnam: The History, Current Situation And Challenges, Ai Nhan Ho Jan 2017

Legal Education In Vietnam: The History, Current Situation And Challenges, Ai Nhan Ho

Legal Education Review

Vietnamese legal education is a relatively new system with the first law school being established in 1976. At present, with approximately more than 40 institutions offering legal education programs at different levels, ranging from bachelors to doctoral, the Vietnamese system still remains underdeveloped. Heavy emphasis on the teaching of legal doctrine and principles, lack of professional skills training and a passive learning environment are common problems of the current Vietnamese system. This paper discusses the history, current state and challenges of the Vietnamese legal education system. The aim of the paper is to present a general picture of Vietnamese legal ...


Teaching The Neglected Art Of Persuasive Writing, Suzanne Ehrenberg Jan 2017

Teaching The Neglected Art Of Persuasive Writing, Suzanne Ehrenberg

Legal Education Review

Extract: For decades, legal educators and practitioners in both Australia and the United States have debated what the respective roles of legal doctrine and legal skills should be within the law school curriculum. In Australia, this debate came to the fore with the publication of the Pearce Report in 1987. The Report criticised the existing system of legal education for its focus on merely transmitting legal doctrine to students, and its failure to provide students with training in legal skills such as writing, research and advocacy or to provide them with a foundation in legal theory.