The Indigenous Cultural Competency for Legal Academics Program (ICCLAP) was designed to promote the incorporation of Indigenous cultural competency (ICC) in legal education with a view to creating inclusive learning environments for Aboriginal and Torres Strait Islander law students, and to build ICC in all students. This paper will discuss the project’s activities and key findings from the literature review, consultation process and survey of law schools on the current state of play with respect to embedding ICC in legal curricula. These findings set out barriers and constraints, critical success factors, and guiding principles for embedding ICC in law programs. It concludes by emphasising the need for ICC to be developed in collaboration with local Indigenous communities, recognising the place-based nature of Indigenous knowledges, and within a framework of legal pluralism.
{"title":"Are We There Yet? Indigenous Cultural Competency in Legal Education","authors":"Marcelle J. Burns","doi":"10.53300/001c.7594","DOIUrl":"https://doi.org/10.53300/001c.7594","url":null,"abstract":"The Indigenous Cultural Competency for Legal Academics Program (ICCLAP) was designed to promote the incorporation of Indigenous cultural competency (ICC) in legal education with a view to creating inclusive learning environments for Aboriginal and Torres Strait Islander law students, and to build ICC in all students. This paper will discuss the project’s activities and key findings from the literature review, consultation process and survey of law schools on the current state of play with respect to embedding ICC in legal curricula. These findings set out barriers and constraints, critical success factors, and guiding principles for embedding ICC in law programs. It concludes by emphasising the need for ICC to be developed in collaboration with local Indigenous communities, recognising the place-based nature of Indigenous knowledges, and within a framework of legal pluralism.","PeriodicalId":43058,"journal":{"name":"Legal Education Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71024758","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Building the knowledge of university graduates as to Indigenous cultures, histories and contemporary social realities requires innovation in legal education. At the same time, universities are under increasing pressure to demonstrate to the legal profession how they are guiding students to develop requisite skills and knowledge in statutory interpretation. This article showcases how these dual aims may be advanced through an examination of the legislative framework that led to the Stolen Generations in NSW. These historical legislative artefacts provide the 'hook' to aid critical reflection on the role of the legal profession in the context of the removal of Aboriginal and Torres Strait Islander children from their families. Using legislation enables students to build a foundation in the principles of statutory interpretation that can be further developed throughout the Bachelor of Laws curriculum. This article reflects on a teaching strategy adopted in a first-year introductory law subject to advance both the embedding of Indigenous cultural competence and knowledge of the general principles of statutory interpretation. The approach is outlined, alongside an analysis of the benefits and limitations. The article emphasises the importance of recognising the strength and resilience of Aboriginal and Torres Strait Islander peoples and cultures in conjunction with an analysis of structural and historically legal forms of racial discrimination. The paper also highlights the value of meaningful consultation and collaboration with Aboriginal and Torres Strait Islander people to facilitate teaching innovation in law curriculum.
{"title":"Using Legislation to Teach Indigenous Cultural Competence in an Introductory Law Subject","authors":"Alison Gerard, Annette Gainsford","doi":"10.53300/001c.7723","DOIUrl":"https://doi.org/10.53300/001c.7723","url":null,"abstract":"Building the knowledge of university graduates as to Indigenous cultures, histories and contemporary social realities requires innovation in legal education. At the same time, universities are under increasing pressure to demonstrate to the legal profession how they are guiding students to develop requisite skills and knowledge in statutory interpretation. This article showcases how these dual aims may be advanced through an examination of the legislative framework that led to the Stolen Generations in NSW. These historical legislative artefacts provide the 'hook' to aid critical reflection on the role of the legal profession in the context of the removal of Aboriginal and Torres Strait Islander children from their families. Using legislation enables students to build a foundation in the principles of statutory interpretation that can be further developed throughout the Bachelor of Laws curriculum. This article reflects on a teaching strategy adopted in a first-year introductory law subject to advance both the embedding of Indigenous cultural competence and knowledge of the general principles of statutory interpretation. The approach is outlined, alongside an analysis of the benefits and limitations. The article emphasises the importance of recognising the strength and resilience of Aboriginal and Torres Strait Islander peoples and cultures in conjunction with an analysis of structural and historically legal forms of racial discrimination. The paper also highlights the value of meaningful consultation and collaboration with Aboriginal and Torres Strait Islander people to facilitate teaching innovation in law curriculum.","PeriodicalId":43058,"journal":{"name":"Legal Education Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2018-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41341054","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Place-based learning is receiving widespread global approval for the way in which it effectively engages with local Indigenous communities. Charles Sturt University has made significant community partnerships to inform their law education curriculum. These partnerships include an “Elders in Residence” program to incorporate Indigenous place-based learning pedagogy into the teaching of core law curriculum. Such programs recognise that Indigenous Elders hold a unique place in community as the keepers of cultural knowledge. Law students engage with Indigenous knowledges to consider multiple perspectives of the law, this learning enabling students to critically reflect on their own positioning and cultural bias. The epistemological value of Indigenous knowledges is explored through the lens of justice and self-determination to equip law graduates with knowledge, skills and the competence to apply this learning to their own personal and professional practice.
{"title":"Connection to Country – Place-based Learning Initiatives Embedded in the Charles Sturt University Bachelor of Law","authors":"Annette Gainsford","doi":"10.53300/001c.7682","DOIUrl":"https://doi.org/10.53300/001c.7682","url":null,"abstract":"Place-based learning is receiving widespread global approval for the way in which it effectively engages with local Indigenous communities. Charles Sturt University has made significant community partnerships to inform their law education curriculum. These partnerships include an “Elders in Residence” program to incorporate Indigenous place-based learning pedagogy into the teaching of core law curriculum. Such programs recognise that Indigenous Elders hold a unique place in community as the keepers of cultural knowledge. Law students engage with Indigenous knowledges to consider multiple perspectives of the law, this learning enabling students to critically reflect on their own positioning and cultural bias. The epistemological value of Indigenous knowledges is explored through the lens of justice and self-determination to equip law graduates with knowledge, skills and the competence to apply this learning to their own personal and professional practice.","PeriodicalId":43058,"journal":{"name":"Legal Education Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2018-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45571767","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The rationale for reorienting the Australian law curriculum to incorporate and reflect Indigenous Australian knowledges, experiences, and perspectives, is well-rehearsed. Yet despite the need to enhance law graduate skills and knowledge in Aboriginal and Torres Strait Islander cross-cultural encounters, many law teachers remain reluctant to integrate what I call here ‘Indigenous contexts’ into law teaching. Adopting the standpoint of teacher-as-researcher, this article reflects on more than a decade of educational practice seeking to understand, theorise, implement, and improve law teaching that appropriately integrates Indigenous contexts into the law curriculum. Informed by an action research methodology, this paper analyses curriculum design practice, through a ‘self-reflective spiral’ following a deliberate, long-term, learning process. The article first outlines the methodological basis for practitioner action research that informs this paper. Part III then reports on an approach to curriculum arising from the author’s own experience in subject and program-level design strategies, developed deliberately to ‘embed’ Indigenous contexts in the law curriculum. Part IV reflects on the capacity of this curriculum framework to deliver change—both in terms of personal practice, notably from the perspective of a non-Indigenous law teacher, and at the program level. It concludes by identifying a widespread need for adaptive change by law teachers to complement the technical aspects of curriculum design: namely instructor knowledge, and personal commitment to implement curriculum goals.
{"title":"Indigenous Contexts in the Law Curriculum: Process and Structure","authors":"K. Galloway","doi":"10.53300/001c.6469","DOIUrl":"https://doi.org/10.53300/001c.6469","url":null,"abstract":"The rationale for reorienting the Australian law curriculum to incorporate and reflect Indigenous Australian knowledges, experiences, and perspectives, is well-rehearsed. Yet despite the need to enhance law graduate skills and knowledge in Aboriginal and Torres Strait Islander cross-cultural encounters, many law teachers remain reluctant to integrate what I call here ‘Indigenous contexts’ into law teaching. Adopting the standpoint of teacher-as-researcher, this article reflects on more than a decade of educational practice seeking to understand, theorise, implement, and improve law teaching that appropriately integrates Indigenous contexts into the law curriculum. Informed by an action research methodology, this paper analyses curriculum design practice, through a ‘self-reflective spiral’ following a deliberate, long-term, learning process. The article first outlines the methodological basis for practitioner action research that informs this paper. Part III then reports on an approach to curriculum arising from the author’s own experience in subject and program-level design strategies, developed deliberately to ‘embed’ Indigenous contexts in the law curriculum. Part IV reflects on the capacity of this curriculum framework to deliver change—both in terms of personal practice, notably from the perspective of a non-Indigenous law teacher, and at the program level. It concludes by identifying a widespread need for adaptive change by law teachers to complement the technical aspects of curriculum design: namely instructor knowledge, and personal commitment to implement curriculum goals.","PeriodicalId":43058,"journal":{"name":"Legal Education Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2018-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43364406","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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 exams, particularly after the invention of the internet. The study found that academic concerns about open book exams had some validity, particularly in relation to heavy reliance on notes, including other students’ notes during the exam. The authors conclude that there are advantages and disadvantages to both open and closed book exams, and that both have a role to play in a balanced assessment strategy.
{"title":"(Re)Introducing a Closed Book Exam in Law","authors":"Cathy Sherry, L. Terrill, J. Laurens","doi":"10.53300/001c.6366","DOIUrl":"https://doi.org/10.53300/001c.6366","url":null,"abstract":"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 exams, particularly after the invention of the internet. The study found that academic concerns about open book exams had some validity, particularly in relation to heavy reliance on notes, including other students’ notes during the exam. The authors conclude that there are advantages and disadvantages to both open and closed book exams, and that both have a role to play in a balanced assessment strategy.","PeriodicalId":43058,"journal":{"name":"Legal Education Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43128629","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Do (Underperforming) Students Benefit from a Flipped Lecture? Evidence from Business Students Studying Company Law","authors":"Félix E. Mezzanotte","doi":"10.53300/001c.6365","DOIUrl":"https://doi.org/10.53300/001c.6365","url":null,"abstract":"","PeriodicalId":43058,"journal":{"name":"Legal Education Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2018-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46055541","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Law Students’ Experiences in an Experiential Law and Research Program in Australia","authors":"Nicky McWilliam, Tracey Yeung, Annabelle Green","doi":"10.53300/001c.6364","DOIUrl":"https://doi.org/10.53300/001c.6364","url":null,"abstract":"","PeriodicalId":43058,"journal":{"name":"Legal Education Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2018-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42968380","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Adapting Law Lectures to Maximise Student Engagement: Is it Time to 'Transform'?","authors":"L. Elphick","doi":"10.2139/ssrn.3402230","DOIUrl":"https://doi.org/10.2139/ssrn.3402230","url":null,"abstract":"","PeriodicalId":43058,"journal":{"name":"Legal Education Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68590663","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Adam Webster, B. Richards, M. Zwart, A. Reilly, S. L. Mire
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’.
{"title":"Enhancing the First Year Curriculum and Experience: Law School ‘Boot Camp’","authors":"Adam Webster, B. Richards, M. Zwart, A. Reilly, S. L. Mire","doi":"10.2139/SSRN.3138414","DOIUrl":"https://doi.org/10.2139/SSRN.3138414","url":null,"abstract":"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’.","PeriodicalId":43058,"journal":{"name":"Legal Education Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68565131","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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 treatment and a few guest speakers.
{"title":"Performance and Pedagogy in the Wild Law Judgment Project","authors":"N. Rogers","doi":"10.53300/001C.6090","DOIUrl":"https://doi.org/10.53300/001C.6090","url":null,"abstract":"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 treatment and a few guest speakers.","PeriodicalId":43058,"journal":{"name":"Legal Education Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71024351","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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