Law TeacherPub Date : 2023-10-12DOI: 10.1080/03069400.2023.2258022
Graham Ferris
{"title":"Lawyers and the rule of law <b>Lawyers and the rule of law</b> , by Andrew Boon, Oxford, Hart Publishing, 2022, 573 pp., £90 (hardback), ISBN 978-1-50992-521-6","authors":"Graham Ferris","doi":"10.1080/03069400.2023.2258022","DOIUrl":"https://doi.org/10.1080/03069400.2023.2258022","url":null,"abstract":"Click to increase image sizeClick to decrease image size Notes1 At p vii.2 The crucial chapter is: 14 Professionalism, and the detailed evidence and argument of abuse are at pp 361–68.3 William M Sullivan and others, Educating Lawyers: Preparation for the Profession of Law (Jossey-Bass 2007) 21.","PeriodicalId":44936,"journal":{"name":"Law Teacher","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136012832","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}
Law TeacherPub Date : 2023-10-10DOI: 10.1080/03069400.2023.2258021
Eti Best Herbert, Ngozi Chinwa Ole
{"title":"A binate regulatory framework for the accreditation of law faculties in Nigerian universities: a necessity or overkill?","authors":"Eti Best Herbert, Ngozi Chinwa Ole","doi":"10.1080/03069400.2023.2258021","DOIUrl":"https://doi.org/10.1080/03069400.2023.2258021","url":null,"abstract":"ABSTRACTNigeria operates a binate regulatory system for legal education under the regulatory control of the National Universities Commission (NUC) and the Council of Legal Education (CLE), which regulate the law faculties of universities and the Nigerian Law School respectively. Both regulatory bodies carry out periodic visitation exercises to confer accreditation status on the law faculties accordingly. Against the standards of the UK Better Regulation Principles (BRP) of proportionality, accountability, consistency, transparency and targeting, this paper examined the effectiveness of the NUC and CLE in exercising their regulatory functions in the regulation of legal education. In its assessment, this paper finds that the binate system falls short of the BRP. Its sanction of withdrawal of accreditation is rather extreme and not fit for instances of minor malfeasance. The activities of the binate regulatory bodies are left unsupervised and the court usually refrains from intervention. Hence, among other things, this paper suggests joint action of both bodies in carrying out accreditation exercises, which will ensure consistency and save costs. The court should also intervene in appropriate instances to prevent abuse of regulatory powers.KEYWORDS: Legal educationaccreditationBetter Regulation PrinciplesNational Universities CommissionCouncil of Legal Education Disclosure statementNo potential conflict of interest was reported by the authors.Notes1 Charles A Riedl, “The Proper Place and Function of the Lawyer in the Society” (1951) 35 Marquette Law Review 1, 1.2 ibid. See Andras Sajo, “The Role of Lawyers in Social Change: Hungary” (1993) 25 Case Western Reserve Journal of International Law 137, 137.3 Stan D Ross, “The Role of Lawyers in Society” (1976) 48(1) The Australian Quarterly 61, 66.4 United Nations, “Basic Principles on the Role of Lawyers” (1990) <www.unodc.org/pdf/criminal_justice/UN_Basic_Principles_on_the_Role_of_Lawyers.pdf> accessed 16 April 2023.5 Alex de Tocqueville, Democracy in America (G. Dearburn & Co. 1838).6 Okechukwu Oko, “The Lawyer’s Role in a Contemporary Democracy, Promoting the Rule of Law, Lawyers in Fragile Democracies and the Challenges of Democratic Consolidation: The Nigerian Experience” (2009) 77 Fordham Law Review 1295, 1297.7 Felicia Eimunjeze, “Achieving Excellence in the Legal Profession in a Globalized World: Imperatives for Developing Economies” (2015) 5 Journal of Sustainable Development and Policy 198, 198.8 Idem Udosen Jacob and Halimat Adeniran, “Challenges of Legal Education in Nigeria and the Effects on National Development” (2019) 6(10) International Journal of Multidisciplinary Research and Development 90, 90. See also Bagoni A Bukar, “Legal Education and Challenges of Contemporary Developments in Nigeria” (2014) 20 International Journal of Clinical Legal Education 593.9 Jonathan O Fabunmi and Ademola O Popoola, “Legal Education in Nigeria: Problems and Prospects” (1990) 23 Verfassung und Recht in Üb","PeriodicalId":44936,"journal":{"name":"Law Teacher","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295062","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}
Law TeacherPub Date : 2023-10-06DOI: 10.1080/03069400.2023.2258027
Ben Waters
{"title":"Getting to maybe: how to excel on law school exams <b>Getting to maybe: how to excel on law school exams</b> , by Richard Michael Fischl and Jeremy R. Paul, Durham, NC, Carolina Academic Press, 2023, 474 pp., $45.00 (paperback), ISBN 978-1-59460-734-9","authors":"Ben Waters","doi":"10.1080/03069400.2023.2258027","DOIUrl":"https://doi.org/10.1080/03069400.2023.2258027","url":null,"abstract":"\"Getting to maybe: how to excel on law school exams.\" The Law Teacher, ahead-of-print(ahead-of-print), pp. 1–2","PeriodicalId":44936,"journal":{"name":"Law Teacher","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135351476","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}
Law TeacherPub Date : 2023-10-03DOI: 10.1080/03069400.2023.2257501
Jenny Y. Chan
{"title":"Storytelling: a five-tier framework and the flipped classroom approach","authors":"Jenny Y. Chan","doi":"10.1080/03069400.2023.2257501","DOIUrl":"https://doi.org/10.1080/03069400.2023.2257501","url":null,"abstract":"ABSTRACTStorytelling is a popular teaching method in legal education. Despite that popularity, research on designing and delivering this method to support different learning outcomes in legal education is limited. Thus, it is the purpose of this article to build a pedagogical framework of storytelling based on current teaching practices. Conventional pedagogy has identified three storytelling approaches: (1) to help students understand legal concepts; (2) to help students learn and remember the theories and techniques about storytelling; and (3) to teach students how to tell their clients’ stories. Based on the analysis of case studies reported by law teachers, this article argues that there are at least two more storytelling approaches. This article aims to classify these storytelling approaches in a five-tier framework. Furthermore, it proposes that applying the flipped classroom method to storytelling helps law teachers teach towards learning outcomes more efficiently and effectively than the conventional approaches.KEYWORDS: Storytellingflipped classroomlearning outcomesteaching method Disclosure statementNo potential conflict of interest was reported by the author.Notes1 Jo A Tyler and Faith Mullen, “Telling Tales in School: Storytelling for Self-Reflection and Pedagogical Improvement in Clinical Legal Education” (2011) 18 Clinical Law Review 283, 295; Stefan H Krieger and Serge A Martinez, “A Tale of Election Day 2008: Teaching Storytelling through Repeated Experiences” (2010) 16 Legal Writing: The Journal of the Legal Writing Institute 117; Nancy Levit, “Legal Storytelling: The Theory and the Practice – Reflective Writing across the Curriculum” (2009) 15 Legal Writing: The Journal of the Legal Writing Institute 253, 255. Cf J Christopher Rideout, “Applied Legal Storytelling: An Updated Bibliography” (2021) 18 JALWD 221, 224: the bibliography lists articles on Applied Legal Storytelling from 2007 to 2020.2 Ruth Anne Robbins, “An Introduction to Applied Storytelling and to This Symposium” (2008) 14 Legal Writing: The Journal of the Legal Writing Institute 3, 12. Cf the qualitative and action research conducted by Tyler and Mullen (n 1) on clinical legal education.3 Cf Donna M Steslow and Carolyn Gardner, “More than One Way to Tell a Story: Integrating Storytelling into Your Law Course” (2011) 28 Journal of Legal Studies Education 249, 258; Kristen E Murray, “Persuasion: An Updated Bibliography” (2021) 18 Legal Communication and Rhetoric: JALWD 205.4 Anthony G Amsterdam and Jerome Bruner, “On Narrative” in Minding the Law (Harvard University Press 2000) 110. Cf Peter Brooks and Paul Gewirtz (eds), Law’s Stories: Narrative and Rhetoric in the Law (Yale UP 1998); James Boyd White, The Legal Imagination (45th anniversary edn 2018, Aspen 1985); Michael Hanne and Robert Weisberg, Narrative and Metaphor in the Law (Cambridge UP 2018).5 Krieger and Martinez (n 1) 146.6 Kate Green, Hilary Lim and Jeremy Roche, “The Indeterminate Province: Storytellin","PeriodicalId":44936,"journal":{"name":"Law Teacher","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135696434","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}
Law TeacherPub Date : 2023-10-03DOI: 10.1080/03069400.2023.2258023
Jenny Y. Chan
{"title":"Law teachers’ adoption and acceptance of OBE: a case study of Hong Kong","authors":"Jenny Y. Chan","doi":"10.1080/03069400.2023.2258023","DOIUrl":"https://doi.org/10.1080/03069400.2023.2258023","url":null,"abstract":"ABSTRACTOutcome-based education (OBE) is a pedagogical approach that suggests that educators should organise every component in a curriculum so that learners achieve predetermined learning outcomes upon completion of their learning process. The focus of OBE is on teaching knowledge and skills that students can attain upon the completion of their formal learning process. Because of its pedagogical impact, institutions worldwide are embracing OBE as a measure of quality assurance of legal education. However, having a set of outcomes is only the first step towards implementing OBE. To fully implement OBE, teachers need to understand and adopt the underlying principles of OBE in their teaching. This article aims to explore the implementation of OBE via an empirical research study in Hong Kong. It concludes that the current institutional policy in Hong Kong allows law teachers to adopt a lukewarm attitude towards OBE. Their attitudes towards OBE can be categorised into five groups, ie loyal followers, incidental followers, lukewarm followers, pretenders and deniers.KEYWORDS: Outcome-based education (OBE)academic freedomlegal educationteaching practicesbest practices Disclosure statementNo potential conflict of interest was reported by the author.Notes1 William G Spady, Outcome-Based Education: Critical Issues and Answers (American Association of School Administrators 1994) <https://eric.ed.gov/?id=ED380910> accessed 11 May 2023.2 Tuning Association, “Tuning-Ahelo Conceptual Framework of Expected and Desired Learning Outcomes in Economics” (OECD, 23 June 2009) 2 <www.oecd.org/education/skills-beyond-school/43160495.pdf> accessed 11 May 2023.3 Spady (n 1) 3.4 Maureen Tam, “Outcomes-Based Approach to Quality Assessment and Curriculum Improvement in Higher Education” (2014) 22 Qual Assur Educ 158, 159; Peter Ewell, “Building Academic Cultures of Evidence: A Perspective on Learning Outcomes in Higher Education” (Paper presented at the Symposium of the Hong Kong University Grants Committee on Quality Education, Quality Outcomes – The Way Forward for Hong Kong, June 2008) 1 <www.mec.cuny.edu/wp-content/uploads/2018/01/Building-Academic-Cultures-of-Evidence-Peter-Ewell-present_peter.pdf> accessed 11 May 2023.5 UGC <www.ugc.edu.hk/eng/ugc/index.html> accessed 11 May 2023.6 UGC, “Symposium on Outcome-Based Approaches in Student Learning: ‘Quality Education, Quality Outcomes: The Way Forward for Hong Kong’” (18 June 2008) <www.ugc.edu.hk/eng/ugc/about/press_speech_other/speech/2008/sp20080618.html> accessed 11 May 2023.7 Quality Assurance Council, “Audit Manual Second Audit Cycle” (22 October 2018) 4 <www.ugc.edu.hk/eng/qac/quality/first_degree/second_audit_cycle.html> accessed 11 May 2023.8 HKU, Teaching and Learning Innovation Centre (TaLiC) (formerly known as the Centre for the Enhancement of Teaching and Learning (CETL) <https://talic.hku.hk/> all accessed 23 September 2023.9 TaLiC, “A Short Guide to Outcomes-Based Approaches to Student Learning” <https://er","PeriodicalId":44936,"journal":{"name":"Law Teacher","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135695750","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}
Law TeacherPub Date : 2023-07-03DOI: 10.1080/03069400.2023.2228125
L. Taylor, N. Baird, U. Cheer, Valerie A. Sotardi, E. Brogt
{"title":"The making of Aotearoa | New Zealand lawyers: a longitudinal study of law students and law graduates","authors":"L. Taylor, N. Baird, U. Cheer, Valerie A. Sotardi, E. Brogt","doi":"10.1080/03069400.2023.2228125","DOIUrl":"https://doi.org/10.1080/03069400.2023.2228125","url":null,"abstract":"ABSTRACT From 2014 to 2019 the authors conducted a longitudinal study of a self-selected of cohort of students enrolled in undergraduate law programmes at three New Zealand universities. This article reports the experiences and reflections of 75 cohort members who participated in all seven data collections. By the end of the study, most of the cohort of 75 were engaged in legal work. Results are discussed in the light of four factors influencing student persistence, engagement, and self-efficacy. Results provide data on the nature of participants’ pre-university backgrounds and characteristics; the nature of formal learning opportunities offered to them while at law school and the frequency and ways in which they participated in those activities; their relationships with their teachers and peers; and external events occurring while they were studying that had an adverse impact on their studies. We cannot offer evidence as to how these influences combined to influence the persistence, engagement or self-efficacy of individual students or the wider cohort, but we report commonalities and trends in responses. Also reported is data relating to the cohorts employment destinations and experiences. Areas for further, empirical study are identified, including the need for research on groups under-represented in this cohort.","PeriodicalId":44936,"journal":{"name":"Law Teacher","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45751353","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}
Law TeacherPub Date : 2023-07-03DOI: 10.1080/03069400.2023.2238473
S. Prince
{"title":"The legal team of the future","authors":"S. Prince","doi":"10.1080/03069400.2023.2238473","DOIUrl":"https://doi.org/10.1080/03069400.2023.2238473","url":null,"abstract":"","PeriodicalId":44936,"journal":{"name":"Law Teacher","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44096074","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}
Law TeacherPub Date : 2023-07-03DOI: 10.1080/03069400.2023.2228124
Ed Mitchell
{"title":"Continuous assessment and legal education: how might a programme-level continuous assessment strategy be implemented and how might it affect student motivation?","authors":"Ed Mitchell","doi":"10.1080/03069400.2023.2228124","DOIUrl":"https://doi.org/10.1080/03069400.2023.2228124","url":null,"abstract":"ABSTRACT Student motivation is an important issue in legal education and directly relates to student confidence, performance and persistence. Research into the efficacy of continuous assessment in higher education has shown that continuous assessment can foster greater student motivation and enjoyment. However, this research has tended to examine continuous assessment strategies for individual modules. By contrast, Essex Law School implemented a continuous assessment strategy involving a programme of assessed online multiple-choice quizzes that was adopted for most of the School’s undergraduate law modules. This paper draws on self-determination theory to show how this continuous assessment strategy had positive effects on perceived competence among undergraduate law students and helped them feel both in control of their learning experience and better equipped to make positive choices about that experience. This study thus suggests that programme-level continuous assessment can be used effectively to address motivation, engagement and wellbeing challenges in legal education.","PeriodicalId":44936,"journal":{"name":"Law Teacher","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48203564","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}
Law TeacherPub Date : 2023-07-03DOI: 10.1080/03069400.2023.2238474
Gavin Dingwall
{"title":"Making sense of academic conferences: presenting, participating and organising","authors":"Gavin Dingwall","doi":"10.1080/03069400.2023.2238474","DOIUrl":"https://doi.org/10.1080/03069400.2023.2238474","url":null,"abstract":"","PeriodicalId":44936,"journal":{"name":"Law Teacher","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47237642","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}
Law TeacherPub Date : 2023-07-03DOI: 10.1080/03069400.2023.2246360
Alex Green
{"title":"“Just teach them the law!”: the ethics of value inculcation within legal education","authors":"Alex Green","doi":"10.1080/03069400.2023.2246360","DOIUrl":"https://doi.org/10.1080/03069400.2023.2246360","url":null,"abstract":"ABSTRACT To what extent should law teachers be permitted to advance controversial ethical, moral or political views as part of the LLB curriculum? This short paper grapples with that question by defending the ethical permissibility of such behaviour subject to the important proviso that it does not cause students “pedagogical harm”. In reaching this conclusion, three alternative views are considered and dismissed, each of which seeks either to eliminate value inculcation entirely or to restrict its scope to the moral-political values currently immanent within established law. The approach taken is argumentative, drawing upon analytical philosophy, with each contested and contestable view being presented in propositional form. Ultimately, it is concluded that value inculcation cannot be avoided within legal education and that, given this fact, the question becomes which values law teachers have a responsibility to advance. It is contended that this judgement, fraught though it might be for various reasons, is best left to individual teachers and that, for this reason among others, a permissive “no-harm” approach to value inculcation best justifies current pedagogical practices.","PeriodicalId":44936,"journal":{"name":"Law Teacher","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45035121","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}