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Building a (Self) Reflective Muscle in Diverse First-Year Law Students 培养多样化的法学院一年级学生的(自我)反思能力
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2022-06-28 DOI: 10.53300/001c.36738
Sandra Noakes, Anna Cody
Research relating to the development of law students’ professional identity has long recognised that as they develop their identity as part of a profession, as well as their academic identity, they need to develop an ‘ethical muscle’. In addition to the idea of an ‘ethical muscle’ others have proposed that students, and lawyers, need to develop a ‘reflective muscle’. Self-reflection, a form of personal reflection that asks students to question themselves, their actions, and behaviours, is particularly important for ‘diverse’ or ‘non-traditional’ law students. These students often experience a disconnect between their expectations of university, and their lived experience, which is overlaid by the complications of the hidden curriculum. These factors may combine to result in diverse students attributing their lack of success early in their studies to a lack of ability, rather than to structural impediments in a system that does not make the ‘rules of the game’ explicit. This mixed-methods study examines one aspect of a holistic first-year transition program for a diverse first-year law cohort: a Self-Reflection Survey. It demonstrates that an instrument such as the Self-Reflection Survey might be used to scaffold diverse students’ self-reflection skills and assist law schools to manage students’ expectations, make explicit aspects of the curriculum that may otherwise be hidden from them, and instil an early sense of professionalism and purpose. Supporting the transition of diverse students to university does not end with entering university; this is where it starts. The results of this study provide encouraging ways forward to build the likelihood of success of diverse students in their law studies.
与法律专业学生职业身份发展相关的研究早就认识到,当他们发展自己作为职业一部分的身份以及学术身份时,他们需要发展“道德肌肉”。除了“道德肌肉”的概念外,其他人还提出,学生和律师需要培养“反思肌肉”。自我反思是一种个人反思形式,要求学生质疑自己、自己的行为和行为,对于“多样化”或“非传统”的法律系学生来说尤为重要。这些学生经常经历他们对大学的期望和生活经历之间的脱节,这被隐藏课程的复杂性所覆盖。这些因素结合在一起,可能会导致不同的学生将他们在学习初期缺乏成功归因于缺乏能力,而不是一个没有明确“游戏规则”的系统中的结构性障碍。这项混合方法研究考察了针对不同法律一年级学生的整体一年级过渡计划的一个方面:自我反思调查。它表明,像自我反思调查这样的工具可以用来培养不同学生的自我反思技能,帮助法学院管理学生的期望,明确课程中可能对他们隐藏的方面,并灌输早期的专业精神和目标感。支持多样化学生向大学过渡并不是以进入大学而结束的;这就是它的起点。这项研究的结果为培养不同学生在法律学习中取得成功的可能性提供了令人鼓舞的途径。
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引用次数: 2
Coding for Critical Thinking: A Case Study in Embedding Complementary Skills in Legal Education 批判性思维的编码:在法律教育中嵌入互补技能的案例研究
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2022-05-26 DOI: 10.53300/001c.36060
T. Ryan
This article contributes to the debate over the place of skills in the law curriculum, offering observations from the author’s experience in scaffolding critical thinking skills and coding into an online legal philosophy class at the University of Canberra. It begins by justifying the selection of critical thinking and coding as skills that should be better integrated into the law curriculum in the 21st century. It then describes pedagogical models for improving students’ skills through scaffolding and other strategies. It proceeds to explain how these can be implemented to facilitate students’ critical thinking and coding skills and, in a complementary way, mastery of the subject matter. The article suggests how different types of skills can be integrated into law units and how the risks of over-crowding the curriculum can be managed. The conclusion reiterates the importance of critical thinking and coding skills and urges other educators to consider how these and other skills can be better integrated into their teaching.
这篇文章为关于技能在法律课程中的地位的辩论做出了贡献,提供了作者在堪培拉大学建立批判性思维技能和将其编码到在线法律哲学课程中的经验。它首先证明了批判性思维和编码的选择是正确的,这些技能应该更好地融入21世纪的法律课程。然后介绍了通过脚手架和其他策略提高学生技能的教学模式。它继续解释如何实施这些措施,以促进学生的批判性思维和编码技能,并以互补的方式掌握主题。文章建议如何将不同类型的技能融入法律单元,以及如何管理课程过度拥挤的风险。结论重申了批判性思维和编码技能的重要性,并敦促其他教育工作者考虑如何将这些技能和其他技能更好地融入教学中。
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引用次数: 1
A Learning and Teaching Method for the Online Environment that Delivers: Coupling a Soft Socratic Method with a Humanistic, Nurturing Approach 提供在线环境的学习和教学方法:将软苏格拉底方法与人文培养方法相结合
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2022-05-23 DOI: 10.53300/001c.35839
A. Evans
There is limited literature on soft Socratic methods of teaching in Law and limited literature on effective teaching methods for the online environment. With the movement of learning and teaching online by universities in 2020 due to the COVID-19 pandemic and attendant lockdowns, one question became important – what is a successful pedagogical method for the online environment? While universities initially saw this as a temporary, emergency measure, learning and teaching online now looks to be more of a permanent change in tertiary education. This article evaluates the effectiveness of a student-focused teaching method, which couples a soft version of the Socratic Method with a Humanistic, nurturing approach, that I observed in Felix Frankfurter Professor of Law Noah Feldman and Ropes & Gray Professor Alvin C Warren Jnr’s classes at Harvard Law School in 2013, and then adapted for the online environment and refined between 2016 and 2018. The evaluation is made using the four lenses from Stephen Brookfield’s book Becoming a Critically Reflective Teacher. Those lenses are: contextualisation in theory; students’ eyes; colleagues’ perception, and self-reflection. For the theoretical lens, the article analyses the traditional Socratic Method and the wide-ranging criticisms of it. The article then presents data collected from student surveys, peer reviews and self-reflection as a preliminary study. It is hoped that this article will assist other academics who are navigating online learning and teaching, and are curious about techniques and methodologies that have grown out of institutions in the United States of America. While this method was developed to teach Tax Law at a postgraduate level in groups of between 18 and 50 students, the technique could easily be applied in teaching: undergraduate students; students in other courses in Law, and in other disciplines.
关于软苏格拉底式的法学教学方法的文献很少,关于网络环境下有效的法学教学方法的文献也很少。由于2019冠状病毒病大流行和随之而来的封锁,2020年大学将转向在线学习和教学,一个问题变得重要起来——什么是在线环境中成功的教学方法?虽然大学最初认为这是一种临时的紧急措施,但现在在线学习和教学似乎更像是高等教育的一种永久性变化。本文评估了以学生为中心的教学方法的有效性,该方法将苏格拉底方法的软版本与人文主义的培养方法相结合,我于2013年在哈佛法学院的Felix Frankfurter法学教授Noah Feldman和Ropes & Gray教授Alvin C . Warren jr .的课程中观察到,然后在2016年至2018年期间针对在线环境进行了调整和完善。评估是使用斯蒂芬·布鲁克菲尔德的书《成为一个批判性反思的教师》中的四个镜头进行的。这些视角是:理论上的语境化;学生的眼睛;同事的看法,以及自我反省。在理论层面,本文分析了传统的苏格拉底方法及其广泛的批评。然后,文章将从学生调查、同行评议和自我反思中收集的数据作为初步研究。希望这篇文章能够帮助其他正在进行在线学习和教学的学者,并对美国机构发展起来的技术和方法感到好奇。虽然这种方法是为了在18到50名学生之间的研究生阶段教授税法而开发的,但这种技术很容易应用于教学:本科生;其他法律课程和其他学科的学生。
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引用次数: 0
Technology Law in Legal Education: Recognising the Importance of the Field 法律教育中的技术法:认识到该领域的重要性
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2022-05-03 DOI: 10.53300/001c.35492
Marcus Smith
Technology law is rapidly growing in importance as subject of legal study and scholarship. Although this is beginning to be recognised by accreditation bodies and legal academics, a range of factors contribute to it not being taught as effectively as it should be, including a lack of expertise and the pace at which technology is advancing. Knowledge and understanding of technology law should be recognised as vital for law students and a necessary part of the contemporary law curriculum. Legal education must adapt to ensure students are prepared for the rapidly growing impact of new technologies on the legal system. This purpose of this article is to highlight the importance of the field and propose that it be taught through a core, stand-alone technology law subject within law degrees.
技术法作为法律研究和学术的主题,其重要性正在迅速增长。尽管这一点开始得到认证机构和法律学者的认可,但一系列因素导致它没有得到应有的有效教学,包括缺乏专业知识和技术进步的速度。应认识到技术法的知识和理解对法律学生至关重要,是当代法律课程的必要组成部分。法律教育必须进行调整,以确保学生做好准备,应对新技术对法律体系迅速增长的影响。本文的目的是强调该领域的重要性,并建议在法律学位范围内通过一门核心的、独立的技术法律科目来教授该领域。
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引用次数: 0
Authentic Assessment - The Right Choice for Students Studying Law? 真实评估——法律专业学生的正确选择?
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2022-04-20 DOI: 10.53300/001c.34707
T. Collins
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引用次数: 0
Accrediting Indigenous Australian Content and Cultural Competency Within the Bachelor of Laws 在法律学士学位中认证澳大利亚土著内容和文化能力
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2021-12-07 DOI: 10.53300/001c.30200
Annette Gainsford, Marcus Smith, Alison Gerard
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引用次数: 0
‘That’s me in the photo’ – Photography as a critical pedagogy technique in legal education “这就是照片中的我”——摄影是法律教育中的一种批判性教学技术
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2021-12-02 DOI: 10.53300/001c.30154
Simon Kozlina
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引用次数: 1
Academics Embrace Disruption: Lessons Learned Teaching First Year Law During a Pandemic 学术界拥抱颠覆:在大流行病期间教授一年级法律的经验教训
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2021-08-16 DOI: 10.53300/001c.27478
Kathleen Raponi, Gayani Samarawickrema, Gerard Everett, Lloyd England, Tristan Galloway
This study reports on the teaching practices adopted by a cohort of higher education academics for online and remote delivery of first year law units (subjects) as a result of the COVID-19 pandemic. Six academic staff who taught nine units face-to-face in intensive Block mode shifted their teaching online almost overnight, including conducting synchronous face-to-face teaching online. Their interview comments are initially categorised using a SWOT (strengths-weaknesses-opportunities-threats) analysis approach, then further analysed according to the elements in Moore’s transactional distance theory - dialogue, structure and learner autonomy. The study identified that while the unit space on the learning management system with links to resources and readings, scaffolded learning activities, structured interactions with clear instructions and assessments was the greatest asset, it also offered opportunities that were both practical and unexpected. While it gave academics a strong footing to commence their remote teaching, the key weakness was the loss of face-to-face contact, now replaced by Zoom. This posed threats related to learning. The findings offer suggestions and pedagogical interventions that can be applied to modify teaching practices in remote Block delivery in a post-COVID future in teaching first-year law. The research is equally applicable to teaching any discipline online.
本研究报告了由于新冠肺炎大流行,一批高等教育学者为在线和远程提供一年级法律单元(科目)而采用的教学实践。六名以密集的Block模式面对面教授九个单元的教职员工几乎在一夜之间将教学转移到了网上,包括在网上进行同步面对面教学。他们的面试评论最初使用SWOT(优势-劣势-机会-威胁)分析方法进行分类,然后根据摩尔交易距离理论中的元素——对话、结构和学习者自主性——进行进一步分析。该研究发现,虽然学习管理系统上的单元空间与资源和阅读材料、脚手架式学习活动、具有明确指示和评估的结构化互动是最大的资产,但它也提供了实用和意想不到的机会。虽然它为学术界开始远程教学提供了坚实的基础,但关键的弱点是失去了面对面的联系,现在被Zoom取代了。这对学习构成了威胁。研究结果提供了建议和教学干预措施,可用于在新冠肺炎疫情后的一年级法律教学中修改远程街区交付的教学实践。这项研究同样适用于在线教授任何学科。
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引用次数: 2
Integrating Technology to Increase Graduate Employability Skills: A Blockchain Case Study in Property Law Teaching 整合科技提高毕业生就业技能:财产法教学的bbb案例研究
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2021-08-16 DOI: 10.53300/001c.27477
Kate Galloway, F. Cantatore, L. Parsons
The discourse of graduate employability skills includes emphasis on digital capabilities. Digital capabilities encompass an understanding of the new and emerging technologies that are driving significant change in business, government and society and by implication, the critical and creative thinking skills to integrate these contexts with the law. By contrast, the accredited law curriculum remains focussed on doctrine thus frequently relegating consideration of law and technology to discrete (elective) subjects. Further, the default method of teaching and learning doctrine remains a case method approach using hypothetical problems. Such an approach to curriculum is, at best, neutral about the relevance of new technologies and the skills required to analyse them in a legal context with consequences for contemporary and likely future employer expectations for law graduates to be prepared for practice.This article first establishes the imperative to incorporate digital contexts into the core law curriculum as a means of providing students with foundational skills for a changing workplace. Secondly, it presents the case for an enhanced approach to teaching legal problem solving. Beyond the backward-looking hypothetical fact scenario, it suggests that a future focused analytical mindset is integral to the lawyer’s suite of thinking tools. Finally, it provides a case study of a critical—and doctrinal—analysis of a recent proposal to fractionalise lots in a Torrens system in tandem with a blockchain. The case study illustrates the application of an enhanced problem-solving approach. It shows how the broader context of new technologies might be integrated into property law teaching through prospective problem-solving.
毕业生就业技能的论述包括强调数字能力。数字能力包括对推动商业、政府和社会重大变革的新兴技术的理解,以及将这些环境与法律相结合的批判性和创造性思维技能。相比之下,认可的法律课程仍然侧重于理论,因此经常将法律和技术的考虑降级为离散的(选修)科目。此外,教学主义的默认方法仍然是使用假设问题的案例方法。这样的课程设置方法,充其量是对新技术的相关性,以及在法律背景下分析这些技术所需的技能,以及对当前和未来雇主对法律毕业生为实践做好准备的期望的影响,保持中立。本文首先确立了将数字环境纳入核心法律课程的必要性,作为为学生提供不断变化的工作场所的基本技能的一种手段。其次,它提出了一个案例,加强教学的法律问题解决。除了回顾过去的假设事实场景之外,它还表明,专注于未来的分析思维模式是律师整套思维工具中不可或缺的一部分。最后,它提供了一个案例研究,对最近的一项建议进行了批判性和理论性的分析,该建议将托伦斯系统中的地块与区块链串联起来。案例研究说明了一种增强的问题解决方法的应用。它展示了如何通过前瞻性问题解决将新技术的更广泛背景整合到物权法教学中。
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引用次数: 0
Implementing Good Practice Pedagogy to Support Law Students’ Writing Skills 实施良好实践教学法以支持法律学生的写作技巧
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2021-05-17 DOI: 10.53300/001c.24165
Sandra Noakes
The current focus on the standard of writing of both school and university students in Australia underscores the responsibility of law schools to support and develop their students’ writing skills. Good practice principles recommend that writing development at law schools should occur in an embedded context with subject matter content and led by law academics as experts in the discourse of law. Programs should also be informed by theory about how students learn literacy and developed in consultation with academic language and learning (‘ALL’) experts. However, there are few studies of embedded writing programs in law in Australia, and the impact of consultation with ALL experts is also not an issue which has been extensively explored. This article reports on the results of a mixed-methods study of an embedded writing program in law at a large regional Australian university. It demonstrates that it is possible to implement a writing program based on good practice pedagogy without making substantial changes to the existing curriculum. It also reveals the importance of focusing the support on the teaching academics, rather than on individual students, and ensuring that academics are supported by ALL expertise, to provide them with the tools to be able to talk to their students about language in their discipline. The quantitative aspects of this study also demonstrate that a writing program based on an understanding of how students develop academic literacy appears to lift the performance of students who may not have traditionally been admitted to law school.
目前,澳大利亚对中小学生和大学生写作标准的关注突出了法学院支持和发展学生写作技能的责任。良好实践原则建议,法学院的写作发展应在具有主题内容的嵌入式背景下进行,并由作为法律话语专家的法律学者领导。课程还应根据学生如何学习识字的理论,并与学术语言和学习专家协商制定。然而,在澳大利亚,很少有关于法律中嵌入写作程序的研究,与ALL专家协商的影响也不是一个被广泛探讨的问题。本文报道了澳大利亚一所大型地区大学的嵌入式法律写作项目的混合方法研究结果。它表明,在不对现有课程进行实质性改变的情况下,实施基于良好实践教学法的写作计划是可能的。它还揭示了将支持重点放在教学学者身上,而不是放在个别学生身上的重要性,并确保学者得到所有专业知识的支持,为他们提供能够与学生谈论学科语言的工具。这项研究的数量方面也表明,基于对学生如何发展学术素养的理解的写作计划似乎可以提高那些传统上可能没有被法学院录取的学生的表现。
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引用次数: 0
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Legal Education Review
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