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Computing Legal Analysis: A Guided Approach to Problem Solving in Contract Law 计算法律分析:解决合同法问题的指导方法
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2023-11-16 DOI: 10.53300/001c.90191
Marton Ribary, Antony Starza-Allen
The paper proposes a guided methodology for problem solving in a first-year undergraduate contract law module. Developed from our teaching practice and inspired by theories of computational modelling, our approach helps students to identify and extract legal information from primary and secondary sources, and to organise what they have learned into structured frameworks. The method creates scaffolding for learning and a framework through which legal issues can be identified. These frameworks can be used to locate legal information relevant to the construction of analysis and argument to the point of producing legal advice with confidence. The paper describes our approach in five distinct stages: (1) extracting doctrinal content from legal sources, (2) organising such content into a coherent framework, (3) applying the framework to problem scenarios, (4) constructing , and (5) writing up detailed, authoritative, and persuasive legal advice.. Our methodology embeds essential skills aided by a “semantic web” of concepts from which one could draw inferences, and uses computer-inspired visualisation for constructing arguments. Computational thinking allows students to visualise connections between the initial categorisation of legal information and the constitutive elements of a persuasive legal argument to articulate and demystify the process of producing legal advice.
本文提出了一种在一年级本科生合同法模块中解决问题的指导方法。我们的方法源于我们的教学实践,受计算建模理论的启发,帮助学生从主要和次要来源中识别和提取法律信息,并将所学知识组织到结构化框架中。这种方法为学习搭建了脚手架,并建立了一个可以识别法律问题的框架。这些框架可用于查找与构建分析和论证相关的法律信息,从而自信地提出法律建议。本文将我们的方法描述为五个不同的阶段:(1) 从法律资料中提取理论内容,(2) 将这些内容组织成一个连贯的框架,(3) 将框架应用于问题情景,(4) 构建和(5) 撰写详细、权威和有说服力的法律建议。我们的方法包含了基本技能,通过概念的 "语义网 "进行推论,并利用计算机启发的可视化构建论据。通过计算思维,学生可以将法律信息的初始分类与有说服力的法律论证的构成要素之间的联系可视化,从而阐明并揭开法律建议制作过程的神秘面纱。
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引用次数: 0
Keep it Real: The Case for Introducing Authentic Tasks in the Undergraduate Law Degree 保持真实:在法学本科学位课程中引入真实任务的案例
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2023-09-07 DOI: 10.53300/001c.87815
Sadie Whittam
Authentic learning and assessment, which refers to tasks and assessment practices that reflect complex, real-world situations, are a radical departure from the traditional methods of learning and assessment in Higher Education. This article considers feedback from a primary, small-scale empirical study of students taking an optional Civil Litigation and Dispute Resolution module which uses authentic learning and assessment practices. Evaluating student feedback from the module, and drawing on the existing literature, the paper concludes that introducing authentic learning and assessment opportunities in the undergraduate law degree has the potential to increase student employability, engagement, and skills development. Finally, the paper examines some of the barriers to incorporating authentic tasks in the law degree, and some “light touch” ways to introduce authentic “moments” in existing modules are explored.
真实的学习和评估是指反映复杂现实世界情况的任务和评估实践,与高等教育中的传统学习和评估方法截然不同。本文考虑了一项初级小规模实证研究的反馈,该研究针对的是选修民事诉讼和争议解决模块的学生,该模块使用了真实的学习和评估实践。通过评估学生对该模块的反馈,并借鉴现有文献,论文得出结论,在法律学士学位中引入真实的学习和评估机会有可能提高学生的就业能力、参与度和技能发展。最后,本文考察了在法学学位中引入真实任务的一些障碍,并探索了在现有模块中引入真实“时刻”的一些“轻触式”方法。
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引用次数: 0
Student Evaluations of Teaching: Understanding Limitations and Advocating for a Gold Standard for Measuring Teaching Effectiveness 学生对教学的评价:理解局限性并倡导衡量教学效果的黄金标准
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2023-08-17 DOI: 10.53300/001c.86151
J. Marychurch, Kelley Burton, Michael. Nancarrow, J. Laurens
The arbitrator’s decision in Ryerson University v Ryerson Faculty Association [2018] CanLII 58446 (ON LA) rejected use of Student Evaluations of Teaching (SETs) for academic confirmation and promotion purposes. SETs provide largely quantitative data in response to pre-determined institutional, generic questions using a Likert scale applicable to all teaching modes. SETs may be efficient, but commonly low response rates mean the data is often statistically invalid. Studies of SETs suggest gender, age, race, and other biases are widespread, and they discourage teaching innovation because academics fear student backlash in SET scores. Consequently, SETs are of little value to academics for their professional development, confirmation or promotion, or as evidence for teaching grant or awards processes. The continuing impact of the COVID-19 pandemic on traditional models of teaching has forced many changes in teaching, learning and pedagogy, often with a temporary suspension of SETs to allow teachers to innovate without negative impact on professional development measures. This presents a unique opportunity for us to revisit how the effectiveness of teaching and learning is measured. Academic teaching staff still need evidence of teaching effectiveness, as do sessional staff looking for continued employment and/or a career in academia. This paper discusses the strengths and weaknesses of SETs; seeks to equip law academics to advocate for other measures of teaching effectiveness that better reflect their contribution to student learning; and to pave the way for law discipline and institutional level changes that support a gold standard in measuring teaching effectiveness beyond reliance on SETs, for the benefit of teachers in law and other disciplines.
仲裁员在瑞尔森大学诉瑞尔森教师协会案【2018】中的裁决CanLII 58446(ON LA)拒绝将学生教学评估(SET)用于学术确认和晋升目的。SET使用适用于所有教学模式的Likert量表,在很大程度上提供了定量数据,以回应预先确定的机构通用问题。SET可能是有效的,但通常低响应率意味着数据在统计上往往无效。对SET的研究表明,性别、年龄、种族和其他偏见普遍存在,它们阻碍了教学创新,因为学者们担心学生在SET分数上会产生反弹。因此,SET对学术界的专业发展、确认或晋升,或作为教学拨款或奖励过程的证据,都没有什么价值。新冠肺炎疫情对传统教学模式的持续影响迫使教学、学习和教育学发生了许多变化,通常会暂时暂停SET,以允许教师在不影响专业发展措施的情况下进行创新。这为我们提供了一个独特的机会,让我们重新审视如何衡量教学的有效性。学术教职员工仍然需要教学有效性的证据,寻求继续就业和/或学术生涯的会期工作人员也是如此。本文讨论了SET的优势和劣势;力求使法律学者能够倡导其他教学有效性措施,更好地反映他们对学生学习的贡献;为法律学科和机构层面的变革铺平道路,以支持衡量教学效率的黄金标准,超越对SET的依赖,造福于法律和其他学科的教师。
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引用次数: 0
Trial Advocacy and Nitojutsu 审判辩护和Nitojutsu
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2023-05-15 DOI: 10.53300/001c.75395
Chris Dent
Miyamoto Musashi was a master Japanese swordsman. His text, the Book of Five Rings, sets out his philosophy on combat and the way of the warrior. This article takes his teachings and applies them to art of trial advocacy. The Five Scrolls of Musashi’s text allow for an engagement with the fundamental importance of preparation, the effective deployment of law and fact, awareness and professional ethics. The connections are made through the use of current experts in advocacy, including Glissan and Hampel. The use of techniques involving katana is, of course, only a metaphor – one aimed at getting law students to think of trials in a more life-or-death way. Advocacy is not the showiness of TV, but the hard grind of training and preparation that was the life of a ronin.
宫本武藏是日本剑术大师。他的著作《五环之书》阐述了他关于战斗和战士之道的哲学。本文将他的学说应用于审判辩护艺术中。武藏文本的五卷允许参与准备、法律和事实的有效部署、意识和职业道德的根本重要性。这些联系是通过利用现有的宣传专家建立的,包括Glissan和Hampel。当然,使用涉及武士刀的技术只是一种隐喻——旨在让法律系学生以一种更生死攸关的方式思考审判。宣传不是电视上的炫耀,而是一个浪人的艰苦训练和准备。
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引用次数: 0
Legal Clinical Education in China: A Literature Review 中国法律临床教育:文献综述
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2023-05-09 DOI: 10.53300/001c.75203
Konstantin G Vertsman
This literature review of twenty-one recent articles from China provides an overview of the nature and implementation of legal clinical education, the objectives of legal clinical education, the benefits of legal clinical education, the theory of legal clinical education, as well as the challenges faced in legal clinical education. These topics have been thoroughly addressed by Chinese scholars through the experience of approximately twenty years of practice as well as through inspiration from legal clinical education within the United States and internationally. However, there continue to be areas of disagreement and certain gaps in the development of a comprehensive theory of legal clinical education as well as psychological and pedagogical justifications for this innovative system of learning.
这篇文献综述了来自中国的21篇最新文章,概述了法律临床教育的性质和实施、法律临床教育目标、法律临床教学的好处、法律临床学习的理论以及法律临床教学面临的挑战。中国学者通过近二十年的实践经验以及美国国内外法律临床教育的启示,对这些主题进行了深入探讨。然而,在发展法律临床教育的综合理论以及为这种创新的学习体系提供心理和教学依据方面,仍然存在分歧和某些差距。
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引用次数: 0
An Interdisciplinary Classroom in Law and Social Work: Can It Be Done? 法律与社会工作跨学科课堂:能做到吗?
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2023-04-11 DOI: 10.53300/001c.74263
J. Venables, T. Walsh
When our social work and law classes were scheduled during the same timeslot, we took advantage of this unique opportunity to engage in a series of joint classroom activities throughout the semester. We ran three activities that encouraged students to reflect on the roles of their professions when working with shared clients. Our aim was to create an interdisciplinary learning experience that allowed law and social work students to better understand one another and appreciate the role that each profession can play in bringing about positive outcomes for clients. Previous research suggests that personality differences, stereotypes and lack of knowledge about professional roles creates barriers to interdisciplinary learning for social work and law students. However, we found that student attendance and institutional barriers posed the greatest challenges to shared learning programs like ours.
当我们的社会工作和法律课程被安排在同一时间段时,我们利用这个独特的机会在整个学期中参与了一系列的联合课堂活动。我们开展了三项活动,鼓励学生在与共同客户合作时反思他们的职业角色。我们的目标是创造一种跨学科的学习体验,让法律和社会工作专业的学生更好地了解彼此,并欣赏每个专业在为客户带来积极成果方面所发挥的作用。先前的研究表明,性格差异、刻板印象和缺乏对专业角色的了解,给社会工作和法律专业的学生带来了跨学科学习的障碍。然而,我们发现学生出勤率和制度障碍对我们这样的共享学习项目构成了最大的挑战。
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引用次数: 0
Balancing Convenience and Connection: Blending Law School Teaching and Learning During a Pandemic 平衡便利与联系:流行病期间法学院教学与学习的融合
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2023-01-12 DOI: 10.53300/001c.67932
Jill Howieson, Ben Di Sabato, Emmelie Sparkes, Vincent O. Mancini
This article reports on the lived experiences of 30 students completing a two-week intensive course on Dispute Resolution (DR) at the University of Western Australia Law School in 2021. The course was delivered fully-online in the first week, and in a traditional face-to-face setting in the second week. The adoption of online learning was in response to a government-mandated lockdown to combat the ongoing COVID-19 pandemic. The pandemic created a new landscape for higher education providers, where teachers needed to implement rapid adjustments to the delivery of legal education. By providing students with activities designed to capture their experiences with face-to-face and online delivery modes in the context of DR, Law School staff were able to gain valuable insight into the life of a law student during this time. The qualitative and quantitative findings revealed that the transition to online delivery was in some ways paradoxical, as students reported both benefits and limitations. This article contributes to accumulating literature exploring the impact of online delivery of education within a law school context, highlighting the potential barriers and facilitators to effective implementation identified by students. Further inquiry remains imperative in a post COVID-19 landscape where online delivery is increasingly relevant.
本文报道了2021年在西澳大利亚大学法学院完成为期两周的争议解决强化课程的30名学生的生活经历。该课程在第一周完全在线授课,第二周在传统的面对面授课。采用在线学习是为了应对政府为抗击持续的新冠肺炎疫情而强制实施的封锁。疫情为高等教育提供者创造了一个新的局面,教师需要对法律教育的提供进行快速调整。通过为学生提供旨在捕捉他们在DR背景下面对面和在线交付模式体验的活动,法学院的工作人员能够对法学院学生在此期间的生活获得宝贵的见解。定性和定量研究结果表明,向在线交付的过渡在某些方面是矛盾的,因为学生们报告了好处和局限性。本文有助于积累文献,探讨法学院背景下在线教育的影响,强调学生发现的有效实施的潜在障碍和促进因素。在新冠肺炎后的形势下,在线送货越来越重要,进一步调查仍然势在必行。
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引用次数: 0
Faculty Perception of Tasks Relevant to Academic Success in the First Year of Law School: A Longitudinal Analysis 法学院一年级教师对学业成功相关任务的认知:一项纵向分析
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2023-01-12 DOI: 10.53300/001c.67930
Gregory Camilli, J. Wegner, A. Gallagher
Using results from surveys conducted in 2003 and 2018, we examined the perceived importance attributed to a set of specific tasks taught by faculty in required law school courses, with each questionnaire item in the survey corresponding to a task that describes a particular competency, such as critical reading. In this study, the results from two surveys completed by instructors of required law school courses are reported for a set of survey tasks representing competencies that regularly appear as topics in the legal education literature. We asked survey respondents to indicate the importance of each set of tasks for success in such courses. While one goal was to identify the competencies perceived as important by the faculty in required courses, another goal was to identify which competencies are becoming more or less important over time.
利用2003年和2018年进行的调查结果,我们检查了教师在法学院必修课上教授的一系列特定任务的重要性,调查中的每个问卷项目都对应于描述特定能力的任务,如批判性阅读。在这项研究中,报告了法学院必修课程讲师完成的两项调查的结果,这些调查任务代表了法律教育文献中经常出现的能力。我们要求调查对象指出每组任务对此类课程成功的重要性。一个目标是确定教师在必修课中认为重要的能力,另一个目标则是确定哪些能力随着时间的推移变得越来越重要。
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引用次数: 0
Electronic Audio Feedback in Legal Education 法律教育中的电子音频反馈
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2022-10-25 DOI: 10.53300/001c.39640
D. Carter, A. Vogl, E. Methven, L. Billington
The provision of high quality, effective feedback is critical to supporting student learning. In tertiary legal education, student feedback is commonly provided in written form, with the benefits of audio or multimodal feedback underexplored. Academics regularly express dissatisfaction regarding the time it takes to provide assessment feedback and a perceived lack of student engagement with it. Students also report concerns relating to the tone, quality and timeliness of the feedback they receive. This article discusses the findings of a program which used electronic audio feedback amongst undergraduate and postgraduate law students at an Australian university to explore whether a change in mode from written to audio or multimodal feedback could offer a solution to these challenges. It explains the pedagogical implications that arose from the use of electronic audio feedback, including that the provision of feedback in an audio mode allowed for the provision of more detailed feedback in a comparably shorter period of time; compelled students to engage with feedback in a sustained fashion; was able to simulate an authentic feedback experience in professional practice; better facilitated personalised, constructive feedback; and, when used alongside written feedback, catered to a greater variety of learning approaches.
提供高质量、有效的反馈对支持学生学习至关重要。在高等法律教育中,学生的反馈通常以书面形式提供,而音频或多模式反馈的好处尚未得到充分开发。学者们经常对提供评估反馈所需的时间和学生缺乏参与表示不满。学生们还反映了他们对反馈的语气、质量和及时性的担忧。本文讨论了一个项目的研究结果,该项目在澳大利亚一所大学的法学本科生和研究生中使用电子音频反馈,以探索从书面到音频或多模态反馈模式的改变是否可以提供解决这些挑战的方法。它解释了使用电子音频反馈所产生的教学影响,包括以音频方式提供反馈可以在相对较短的时间内提供更详细的反馈;迫使学生以持续的方式参与反馈;能够在专业实践中模拟真实的反馈体验;更便利的个性化、建设性反馈;并且,当与书面反馈一起使用时,迎合了更多种类的学习方法。
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引用次数: 0
Weighing the Cost of Expectations that Students Complete Legal Work Experience 权衡学生完成法律工作经验的期望成本
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2022-10-11 DOI: 10.53300/001c.38777
A. Hewitt, Laura Grenfell, Hadieh Abiyat, M. Hendry, J. Howe, Sam Whittaker
Having completed multiple periods of legal work experience is often regarded as ‘pseudo mandatory’ for an Australian law graduate to be competitive for professional legal positions. This article explores the implications of these expectations, at a systems level, but also individually for past and recent graduates, and current students. It does this through both an exploration of literature, and through an ‘auto-ethnography’ in which the authors’ present their own experiences of seeking legal work experience and graduate legal positions. These data sources shed new light on the costs of expectations that graduates should already have practical legal work on their CVs, which calls into question the broad encouragement of work experience by universities, legal firms, and law societies.
完成多个阶段的法律工作经验通常被认为是澳大利亚法律毕业生在专业法律职位上具有竞争力的“伪强制性”。本文在系统层面上探讨了这些期望的含义,也分别针对过去和最近的毕业生以及当前的学生。它通过对文学的探索和“自我民族志”来做到这一点,其中作者“展示了他们自己寻求法律工作经验和毕业法律职位的经历”。这些数据来源揭示了期望毕业生在简历上已经有实际法律工作经历的成本,这让人质疑大学、律师事务所和律师协会对工作经验的广泛鼓励。
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引用次数: 0
期刊
Legal Education Review
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