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Full-Text Articles in Legal Education

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.


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 ...


Critique In Legal Education: Another Journey, Allan Ardill Jan 2017

Critique In Legal Education: Another Journey, Allan Ardill

Legal Education Review

This article engages with a body of literature concerned with the demise of critique in Australian legal education. In particular it reflects on Thornton’s, Privatising the Public University: The Case of Law, a recent special issue of this Journal, ‘The Past, Present and Future of Critical Legal Education in Australia’ (2013) 23(2), and several articles by James on competing legal education discourses published between 2000 and 2013. This reflection narrates the story of the survival and consolidation of a deeply critical legal core course against the tide of corporatism, vocationalism and doctrinalism that have cemented their dominance in ...


Comparative Perspectives On Teaching Foreign Students In Law: Pedagogical, Substantive, Logistical And Conceptual Challenges, Colin Picker, Lucas Lixinski, Alex Steel, Dominic Fitzsimmons Jan 2017

Comparative Perspectives On Teaching Foreign Students In Law: Pedagogical, Substantive, Logistical And Conceptual Challenges, Colin Picker, Lucas Lixinski, Alex Steel, Dominic Fitzsimmons

Legal Education Review

Legal Education has become a global business. Law schools, like the universities in which they sit, increasingly compete for fee-paying foreign or international students. In line with its global approach, this paper discusses the major issues faced by foreign law students from all parts of the world when they go to study in a foreign jurisdiction, either for an initial or postgraduate law degree – by coursework or research. We particularly focus, though not exclusively, on the challenges of students moving to study in English-language jurisdictions. The issues are nuanced and complex, and many law schools and faculty members may be ...


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 ...


Foreword - Articles, Nick James Jan 2017

Foreword - Articles, Nick James

Legal Education Review

Welcome to the latest volume of the Legal Education Review, Australasia’s leading legal education journal. Volume 26 is made up of two issues, a General Issue and a Special Issue. The Special Issue contains three articles about the teaching of legal writing, based on papers presented at the 2015 Teaching Legal Analysis and Writing Skills Symposium held at Melbourne Law School.


Measuring The Critical Thinking Skills Of Law Students Using A Whole-Of-Curriculum Approach, Nick James, Kelley Burton Jan 2017

Measuring The Critical Thinking Skills Of Law Students Using A Whole-Of-Curriculum Approach, Nick James, Kelley Burton

Legal Education Review

The development by law students of an ability to engage in critical thinking is highly valued within both the legal academy and the legal profession because it enhances the ability of law students to think clearly, objectively and independently, whether they are seeking to understand legal doctrine, solve legal problems or improve access to justice. This article draws upon the authors’ experiences as law teachers and upon the critical thinking literature to present detailed criteria for the measurement of an ability to engage in critical thinking about law, and then applies those criteria in the design of a marking rubric ...


Performance And Pedagogy In The Wild Law Judgment Project, Nicole Rogers Jan 2017

Performance And Pedagogy In The Wild Law Judgment Project, Nicole Rogers

Legal Education Review

The wild law judgment project is a recent exciting collaborative project involving the rewriting and writing of both existing and hypothetical judgments from a wild law or Earth-centred perspective. In this article, the author reflects upon the performative implications of judicial impersonation and writing and rewriting judgments wildly. The performative nature of the project makes it a valuable teaching resource, in that it thereby offers a different and arguably more powerful challenge to the anthropocentric bias in law than that contained in more conventional forms of academic critique. Drawing upon insights contributed by academics who have used rewritten feminist judgments ...


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 ...


Editor's Note - Animal Law Education, Meg Good Jan 2017

Editor's Note - Animal Law Education, Meg Good

Legal Education Review

Extract:

The theme of this Special Topic Edition is animal law education at the tertiary level. Animal law as a discipline refers to the laws governing the human/non-human animal relationship. The study of animal law encompasses a broad range of laws, and raises a unique variety of legal, philosophical, scientific and political issues. Through studying animal law, students gain an understanding of how and why the law facilitates differential treatment of animals according to context, and encourages them to consider the ethical consistency of our approach to animal protection. It involves questioning the adequacy of the laws, policies, and ...


Learning By Doing: The Benefits Of Experiential Learning In Animals And The Law, Peter Sankoff Jan 2017

Learning By Doing: The Benefits Of Experiential Learning In Animals And The Law, Peter Sankoff

Legal Education Review

Extract:

Here is a question I enjoy posing to teachers and students participating in a course on animals and the law: what exactly do you do during the 12 (or so) weeks of your seminar? If it resembles a traditional law course, the answer will undoubtedly refer to assigned readings that explore the relationship between animals and the law, some lectures – perhaps followed by questions from the professor to the students – and a healthy dollop of classroom discussion about policy issues. More traditional teachers might also include some Socratic questioning, while more adventurous lecturers will throw in video footage of ...


Animal Law Syllabus Design: A New Zealand Perspective, M.B. Rodriguez Ferrere Jan 2017

Animal Law Syllabus Design: A New Zealand Perspective, M.B. Rodriguez Ferrere

Legal Education Review

Extract:

Since 2013, I have offered a course at the University of Otago’s Faculty of Law entitled ‘Animals and the Law’. Given New Zealand’s reliance upon agriculture, and the fact it can lay claim to ‘leading the way’ with regards to animal welfare, it is perhaps surprising that it is currently the only course focusing on Animal Law offered at any of New Zealand’s six law schools. I am not, however, a trailblazer. Until he left for the University of Alberta in 2010, Professor Peter Sankoff offered such a course at the University of Auckland, and Dr ...


Embedding Animal Law Into Law School Curricula: The Possibilities Of Strategic Unit Design, Joanna Kyriakakis Jan 2017

Embedding Animal Law Into Law School Curricula: The Possibilities Of Strategic Unit Design, Joanna Kyriakakis

Legal Education Review

Law schools are increasingly responsive to the introduction of animal law into elective offerings. Despite this, some would be animal law educators may still face institutional resistance to the regular inclusion of animal law in law school curricula. This may be truer today in schools outside of the United States, where the subject has yet to reach the same level of acceptance. The ways an animal law unit can be framed through particular disciplinary lenses so as to draw it into alignment with the research strengths, educational goals, and self-identity of a law school may be a means to render ...


A Rationale And Framework For Digital Literacies In Legal Education, Kate Galloway Jan 2017

A Rationale And Framework For Digital Literacies In Legal Education, Kate Galloway

Legal Education Review

Extract: Assessments of the fitness for purpose of legal education are many and varied. Both broad and specific reviews have been frequently undertaken in the context of higher education, admission requirements and professional standards, and national productivity. Additionally there have been influential projects on matters that inform the way in which legal education is designed. Within the academy, work on internationalisation of the curriculum for example, has provoked discussion internationally. In the higher education context, education for sustainability and Indigenous perspectives has resonance for legal education. Likewise, the profession is increasingly grappling with issues such as wellness and resilience, and ...


What Are We Trying To Achieve By Teaching Animal Law To Law Students?, Nick James, Rochelle James Jan 2017

What Are We Trying To Achieve By Teaching Animal Law To Law Students?, Nick James, Rochelle James

Legal Education Review

In light of the increasing number of animal law units being offered by Australian law schools, it is timely to critically reflect upon the objectives of such units. What is it that we seek to achieve when we teach animal law to law students? Is it limited to facilitating a thorough understanding of the law relating to animals? Or are we trying to change the way our students see the world, to inspire them to strive to reform the relationship between animals and the law, and to ultimately modify the relationship between animals and humans? This article examines the desirability ...


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 ...


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 ...


Where Are The Graphics? Communicating Legal Ideas Effectively Using Images And Symbols, Tania Leiman Jan 2017

Where Are The Graphics? Communicating Legal Ideas Effectively Using Images And Symbols, Tania Leiman

Legal Education Review

This paper seeks to explore the effective communication of legal ideas in the 21st century. It builds on ideas first presented in December 2015 at the Teaching Legal Analysis and Writing Skills Symposium, Melbourne Law School and developed in May 2016 at a Flinders Law School Research Seminar. It begins by discussing why communication about the law can benefit from using tools other than text, before moving on to a brief historical and theoretical overview of visual communication in the law. It canvases examples of best practice visual communication about the law before going on to seek to understand what ...


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.


Cple Newsletter Issue 4 Sep 2016

Cple Newsletter Issue 4

Centre for Professional Legal Education Newsletter

Welcome to the 4th newsletter for the Bond University Centre for Professional Legal Education. My name is Rachael Field and I am a Professor of Law in the Faculty and Director of Research in the Centre.

As a University Research Centre, the CPLE has ambitious goals for building the research and scholarship profile of Bond Law in the academy. Our vision is to support and encourage our members to engage in legal education scholarship and research projects, and to achieve high quality and impactful research outputs. The Centre is only in its first year but already we boast an active ...


Cple Newsletter Issue 3 Jun 2016

Cple Newsletter Issue 3

Centre for Professional Legal Education Newsletter

Welcome to the third newsletter for the Bond University Centre for Professional Legal Education. My name is Hugh Zillmann and I am the Programs Director of the Bond University Professional Legal Training Program, which forms a component part of our Centre.

The Bond University PLT program was established over twenty (20) years ago as a ‘stand-alone’ post-graduate law program, designed to enable law graduates to undertake the necessary skills training to facilitate their admission as legal practitioners.

Clearly, in retrospect, what we were creating then is what the Centre for Professional Legal Education is all about: instilling in law graduates ...


Achieving Better Outcomes For Chinese Law Students Studying Overseas, Yulan Xiang Jun 2016

Achieving Better Outcomes For Chinese Law Students Studying Overseas, Yulan Xiang

Owen Dixon Society eJournal

The internationalization of tertiary education has resulted in an influx of Chinese students studying in Australia. This movement brings invaluable advantages to Chinese law students studying overseas as well as challenges to host universities and their teaching staff. Much of these relate to social, cultural and educational differences, which have not been adequately acknowledged by the current teaching methodologies of host university law schools.

This article discusses the main difficulties experienced by Chinese law students and the main efforts that have been made to help them overcome their difficulties. Although efforts to improve the situation have been made by host ...


Cple Newsletter Issue 2 May 2016

Cple Newsletter Issue 2

Centre for Professional Legal Education Newsletter

Welcome to the second newsletter for the Centre for Professional Legal Education. The development of our new Centre is continuing at a swift pace. The latest Volume of the Legal Education Review has been distributed, we have committed to offering some exciting events at Bond Research Week later this year, new members have joined the Centre, and ideas have been coming in from members for Centre events and conferences.


Cple Newsletter Issue 1 Apr 2016

Cple Newsletter Issue 1

Centre for Professional Legal Education Newsletter

Welcome to the very first newsletter for the Centre for Professional Legal Education. We hope to distribute this newsletter every couple of weeks, providing you with regular updates about the Centre’s activities, publications and presentations by Centre members; information about publication opportunities and conferences; summaries of recent legal education publications; member profiles; and so much more. If you are engaging in – or planning to engage in – legal education scholarship or training, this newsletter is going to be an invaluable resource.