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Full-Text Articles in Legal Education

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 ...


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 ...


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 ...


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.


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 ...


"Warning! Graphic Content Ahead": Advocating For Graphic Video In The Teaching Of Animal Law, Aaron C. Timoshanko Jan 2016

"Warning! Graphic Content Ahead": Advocating For Graphic Video In The Teaching Of Animal Law, Aaron C. Timoshanko

Legal Education Review

The educational benefits associated with the use of video in learning environments are well-known. For an animal law educator wanting to leverage these educational benefits, the use of video presents a dilemma. Much of the video relevant to animal law is confronting, distressing or difficult to watch, which may cause some students to experience a negative affective state. It is also largely unknown whether the educational benefits associated with non-graphic video continue to apply when the content is graphic in nature. This article aims to address this gap. It argues that student engagement, comprehension and knowledge acquisition, critical thinking skills ...


Working The Nexus: Teaching Students To Think, Read And Problem-Solve Like A Lawyer, Kate Galloway, Mary Heath, Alex Steel, Anne Hewitt, Mark Israel, Natalie Skead Jan 2016

Working The Nexus: Teaching Students To Think, Read And Problem-Solve Like A Lawyer, Kate Galloway, Mary Heath, Alex Steel, Anne Hewitt, Mark Israel, Natalie Skead

Legal Education Review

Despite a clear case for thinking skills in legal education, the approach to teaching these skills often appears to be implied in law curricula rather than identified explicitly. Thinking skills could be taught as part of reading law and legal problem solving. However, learning the full suite of thinking skills requires active teaching strategies which go beyond exposing students to the text of the law, and training them in its application by solving problem scenarios. The challenge for law teachers is to articulate how to learn legal thinking skills, and to do so at each level of the degree. This ...


Critical Legal Reading: The Elements, Strategies And Dispositions Needed To Master This Essential Skill, Alex Steel, Kate Galloway, Mary Heath, Natalie Skead, Mark Israel, Anne Hewitt Jan 2016

Critical Legal Reading: The Elements, Strategies And Dispositions Needed To Master This Essential Skill, Alex Steel, Kate Galloway, Mary Heath, Natalie Skead, Mark Israel, Anne Hewitt

Legal Education Review

Law is a text-based discipline. The comprehension and interpretation of the written word lies at the core of legal reasoning and underpins legal writing. This article argues that developing the skills of critical legal reading is fundamental to all aspects of legal education and ultimately, to the practice of law. Law teachers have mastered and internalised the processes of legal reading, and sometimes therefore overlook the need to teach them explicitly to law students, who are novices. This paper examines the necessary mechanics, techniques and dispositions of critical legal reading in an overall taxonomy, contending that teaching these aspects in ...


Bringing Diplomacy Into The Classroom: Stimulating Student Engagement Through A Simulated Treaty Negotiation, Rebecca Byrnes, Peter Lawrence Jan 2016

Bringing Diplomacy Into The Classroom: Stimulating Student Engagement Through A Simulated Treaty Negotiation, Rebecca Byrnes, Peter Lawrence

Legal Education Review

This article carefully critiques existing educational literature in relation to simulations, identifying some methodological flaws in the relevant empirical studies, but also pointing to a strong correlation between simulations and student engagement in studies involving a range of methodologies. The article builds on this literature by reporting the findings of empirical research relating to a treaty simulation based on the Paris climate agreement. These findings support the value of treaty simulations in enhancing student engagement. The value of simulations as an effective method to assess both skills and conceptual knowledge is also analysed using a model based on Biggs’ ‘constructive ...


Towards A Pedagogy Of The Integration Of Clinical Legal Education Within The Law Curriculum: Using De-Identified Clinic Files Within Tutorial Programs, Rachel Spencer, Matthew Atkinson Jan 2015

Towards A Pedagogy Of The Integration Of Clinical Legal Education Within The Law Curriculum: Using De-Identified Clinic Files Within Tutorial Programs, Rachel Spencer, Matthew Atkinson

Legal Education Review

The School of Law at UniSA has been operating a clinical program via its Legal Advice Clinic (which is situated within the Law Building) for just over four years. The benefits of a Clinic within the environs of the Law School are numerous. One of those benefits is the existence of files which can be accessed for ‘case scenarios’ for a variety of courses, relieving the Law teacher of the endless quest for creative inspiration in order to develop interesting and plausible fact scenarios for problem-based learning. This article examines the pedagogical model which has been introduced into the Professional ...


Law Journals: From Discourse To Pedagogy, Ilija Vickovich Jan 2015

Law Journals: From Discourse To Pedagogy, Ilija Vickovich

Legal Education Review

This article seeks to shift the focus of the literature about law journals from their perceived benefits for academics and law schools to the real advantages they present for students. The discourse on law journals in the American jurisdictions demonstrates that the prolific debate there has overwhelmingly been dictated by academic concerns over unsupervised student editorship, lack of credible peer review and unreliable standards. The Australian and British discourse about law journals has, by contrast, been inconsequential. However, it too has focused on the roles played by law journals in the research done by academics and the development of the ...


Breadth, Depth And Form? Pitching Constitutional Law Content In The Classroom, Sarah Murray Jan 2015

Breadth, Depth And Form? Pitching Constitutional Law Content In The Classroom, Sarah Murray

Legal Education Review

This article responds to Justice Leeming’s call for the pedagogy of constitutional law to undergo a rethink. Particularly, how to keep the teaching of constitutional law ‘living, useful and relevant’ and whether constitutional law instruction needs to prioritise new developments in the field over tried and true topics in which the issues are established and less contentious. In discussing the breadth, depth and form of the teaching of the discipline of constitutional law, the article emphasises the need to focus on the method as well as the content of courses and the importance of teaching just enough so that ...


Capstones As Transitional Experiences, Judith Mcnamara, Rachael Field, Sandra Coe, Des Butler, Catherine Brown, Sally Kift Jan 2015

Capstones As Transitional Experiences, Judith Mcnamara, Rachael Field, Sandra Coe, Des Butler, Catherine Brown, Sally Kift

Legal Education Review

Capstone programs are increasing recognised as high-impact value-laden learning experiences for students, especially in aiding the transition of final year students to professional practice. Although these learning programs have a long history in many disciplines, they are a very recent inclusion in law curriculum in Australia. This paper reports on a project designed to renew the final year law curriculum in Australia by developing a principled approach to designing capstone programs. This framework is based on six key principles, which are transition, integration and closure, diversity, engagement, assessment, and evaluation. The project also identified two themes underpinning capstone experiences which ...


Law Student Mental Health Literacy And Distress: Finances, Accommodation And Travel Time, Nerissa Soh, Fiona Burns, Rita Shackel, Bruce Robinson, Michael Robertson, Garry Walter Jan 2015

Law Student Mental Health Literacy And Distress: Finances, Accommodation And Travel Time, Nerissa Soh, Fiona Burns, Rita Shackel, Bruce Robinson, Michael Robertson, Garry Walter

Legal Education Review

Law students are well recognised for having high levels of psychological distress, but arguably, as a group their mental health literacy, distress and associated factors have not been as well-studied as medical and health science students. Further, financial and accommodation pressures on students, while featuring prominently in the general media, have been little studied in law students as has the impact of commuting on law students’ distress levels. This article reports on a 2013 survey of 579 Sydney Law School students which assessed their levels of psychological distress and examined a number of possible stressors including: age, having dependants, living ...