Innovation for the next generation of legal education: student-led video production

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How can legal education be enhanced through student-led video production? How effective is it for class learning? And what are benefits and challenges that this form of blended learning poses for environmental law and legal education more generally?

These questions were explored by Cameron Holley and Amelia Thorpe in a recent UNSW Law Learning & Teaching seminar where they presented the findings from their Learning and Teaching Innovation grant entitled: ‘Updating legal education with blended classrooms: lessons from student-led resource development’.

The premise:

  • Videos are one of most popular form of online media teaching (particularly in MOOCs) 
  • Facilitate thinking and problem solving

–creative challenge of using moving images and sound to communicate a topic

–filmmaking skills, but also research, collaborative working, problem solving, technology, and organisational skills

  • Inspire, engage and foster deep learning

–Videos as part of student-centred learning activities benefit motivation, opportunities for deeper learning, learner autonomy, communication skills,

  • Authentic learning opportunities

–method for students to construct concepts and learning about real life issues relevant to them

  • Assist with mastery learning

–providing learning resources for future cohorts

What did they do?

–students asked to identify a recent development in environmental law that is not already covered in the prescribed text book

–required to produce a short video, no longer than 10 minutes, that portrays the subject matter of a recent environmental law development and reflects thoughtfully on in its implications for achieving ecologically sustainable development

–low risk – 5% for trial (would be more in future)

–outcomes and process assessed

–small teams of 4-6 students

  • to assist: three iPads made available and guide sheets on a suggested timeline, working in small groups, and media production.
  • videos shown to the class as a set late in semester.

–roughly 40% of class already had experience with technology

The Results?

Cameron and Amelia showed examples of videos that demonstrated highly engaged, deep learning among the student groups, with a strikingly high level of production value!

The presentation drew on empirical data collected from student interviews and surveys, as well as teacher and peer reflections. It rounded off by critically examining the strengths and weaknesses of student produced videos as a tool for blended learning, before a lot of us in attendance decided we all want to try it out in our courses!

For those who wish to experiment with similar innovations, view the student data, or track the sources for the above,  their slides are available here: Holley_Thorpe_UNSWLaw_video.

Can Teaching be Measured?

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By Justine Rogers

Last week UNSW had its second ‘Great Debate’, introduced last year as a fun, accessible way for the UNSW community to explore a serious and stirring topic. (For a post on last year’s, click here)

Each team: professor-manager, non-prof academic, and student.

The topic: Of Course Teaching Can be Measured (it’s a 5.3!).

I was on the affirmative (which I knew going in would be tough).

Given it was a private event for staff and students, I’ve written this assuming some version of the Chatham House Rule applies.

The affirmative’s arguments were:

  1. Teaching can be measured, albeit imperfectly, and certainly better and more reliably than it is now.
  2. Teaching needs to be measured to enhance the quality, rewards and status of teaching.

The negative’s arguments were:

  1. Teaching cannot be measured, only learning experiences and learning outcomes can. 
  2. Teaching measures are flawed and unreliable.

The negative committed to the empirical questions, whereas I tried (unsuccessfully in the 4 or so mins we had) to engage both sides in the wider empirical and normative argument suggested in affirmative point 2: whether there is some positive correlation between measurement, and motivation, quality and status, and therefore whether a more robust measurement of teaching is worthwhile.

I wish we’d had the format and time to examine this: whether this is true, or whether, using research measures as example, such measures have too many biases, perverse incentives, and inefficient and/or demoralising effects to be of real value (even if it entails superficial value). 

I will share my main arguments here, some of which I am fairly convinced, many posed as part of my role on the affirmative side, and some raised in the spirit of fun and provocation. Above all, I think the topic raised several questions left that need to be contemplated, many of which I’ve posted below – so please share your thoughts!

Continue reading

What lawyers actually do in practice (at least in the US)

SSRN has recently posted a great ethnographic study of young US lawyers in terms of what they actually do in the office.

Sinsheimer, Ann and Herring, David J., Lawyers at Work: A Study of the Reading, Writing, and Communication Practices of Legal Professionals (March 14, 2016). Legal Writing Journal, Vol. 21, Forthcoming; U. of Pittsburgh Legal Studies Research Paper No. 2016-11.

It includes great evidence of lawyers dealing with the following (SSRN pinpoints):

  • Using close reading and skimming strategies (pp13ff)
  • Strategic reading (p23, 30ff)
  • Reading from computer screens (p26) but using printed materials by preference (p24)
  • Huge use of email for written communication (p45ff)
  • Use of precedents (p48)
  • Reviewing and revising constantly (p49ff), being meticulous (p50)
  • Research/writing nexus (p51ff)
  • Interpersonal skills and stress in the office (p58ff)
  • Time-management (p60ff)
  • Cross cultural communication (p64)
  • Developing professional identities (p66ff)
  • Suggestions for curriculum change (p24, 71)

It’s a wonderful collection of vignettes and data that help to flesh out what we are often  trying to impress on students are the real skills they need in preparing for legal practice environments.

 

 

Video on teaching approaches at UNSW

Back in 2009, Jill Cowley produced a video Engaging Law Students: Teaching Law at UNSW. It was primarily intended as an introduction to teaching for new UNSW sessional staff, but might be of interest more generally.
The video is now publicly accessible here.

The video is a conversation between Cathy Sherry, Alex Steel and Prue Vines moderated by Brendan Edgeworth. Cut through the discussion are videos of each person teaching.

The topic areas (and the time points in the video) are:

  • How do your describe your philosophy of and best practice in the teaching of law? (3:00)
  • What strategies do you adopt to encourage class participation? (8:45)
  • How does technology assist your teaching?(20:00)
  • How do you shift student expectations? (29:25)
  • Describe your personal style (37:45)

Much of what we said in 2009 remains true for us in 2016.

A not so subtle metaphor

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Imagine if a faculty of science in Australia focused its undergraduate/foundational teaching on the science of the local flora and fauna.  Students would learn about kangaroos and eucalyptus tress, about achidnas and banksias, about the funnel-web spider and the Murray cod.  Of course, they would also learn about palm trees and dingos, about the cane toad and about invasive weeds.  While there would occasionally be upper level electives on comparative anatomy or botany or on species not found locally, those courses would be few and far between, perhaps largely left for specialised postgraduate or later studies.

Further, imagine if the science faculties around the world followed the same model and also focused their undergraduate/foundational degree programs on their own local flora and fauna. Such a situation of university science education might arise around the world if the primary jobs for science graduates were in managing and developing the local flora and fauna, with only occasional work involving foreign or trans-regional species (despite an increasingly interconnected world of flora and fauna).  It might be perpetuated by the senior people in the field, who set the employment regulations, and who believe such an intense grounding in local science is necessary for the successful work of the scientist and the country.

Such an approach to science education around the world would mean that it would be difficult for science graduates to move to other countries for work in their field – as they may lack the local knowledge demanded of them by employers and by the regulators of their field.  Further (local) studies would be required to then secure employment in that foreign country. If the flora and fauna were too radically different it might even be the case that the newly arrived science graduate would have to start over again, enrolling in the local foundational science degree.

In such a situation we should expect there to be little science student international mobility, especially into the undergraduate/foundational level. After all, why go to the trouble and expense to study the flora and fauna of another country – especially for three to four years when that knowledge will be unlikely to help secure a job back home.  Though, if the home has similar flora and fauna it may be that the undergraduate/foundational degree would be acceptable, providing enough substantive knowledge to permit successful work back home. Thus, science studies in California may be suitable for Mexico, or studies in Vietnam would be applicable in Cambodia.  But a degree in such a localised science course in Australia would not be of much use in Norway.

Perhaps another approach to science teaching might be to push for an undergraduate/foundational degree in world/comparative flora and fauna, focusing on holistic concepts and transferable skills, perhaps with a few upper level electives or specialized post graduate courses in the local flora and fauna that would then provide the detailed knowledge to work locally (though the basic courses should be sufficient to provide the ability to assimilate and understand the science of the local flora and fauna).  Such an approach might reflect an understanding that science is best taught by starting at an holistic and conceptual level, and then moving to the specific if necessary.  Such an approach accepts and understands that science  is more similar than different across the world.  Imagine if that is how science faculties actually taught.

By Colin Picker

Student Politics and criminal law

Just getting ready to teach criminal law this semester and for the first time looked at the full facts behind the chestnut case MacPherson v Brown (1975) 12 SASR 184 – which we use as authority for the mens rea of assault.  The facts in the textbook state:

A student was convicted of having assaulted a lecturer at Flinders University. A number of students, including the defendant, had taken over the administration building in protest over the alleged CIA links of a recently appointed senior administrator. The lecturer in question, who was involved in the re-occupation of the building by university officials, was surrounded by a number of students who for a time prevented him from passing through the group and caused him to fear for his personal safety. No actual physical contact was made and he was allowed to pass after about 10-15 minutes.

The full story is even more interesting.  One key complaint was that History was insisting on a 3 hour exam, and the students felt they should have a right to be part of the decision making process.  There were a range of Maoist ambitions of the student body, highly biased biased reporting, and some very violent reactions against the students in the retaking of the Chancellery.  Below are a few links I’ve found:

Highly unlikely we’d see this interest in educational/political  issues from students these days …

The Bluebook’s Secret History!

Even in Australia one can feel the dread reach of the Bluebook.  For those interested in its history, a new article entitled “The Secret History of the Bluebook” reveals all!  Written by two members of Yale Law School, Fred R. Shapiro & Julie Graves Krishnaswami, it is forthcoming at Minnesota Law Review, Vol. 100, No. 4, 2016.  It can also be found here at SSRN.

The SSRN abstract (noting  HLS’ early monopolization of the royalties (nothing about HLS would surprise me!) as well as noting the succinct early versions of one to fifteen pages compared to today’s grotesque length):

“The Bluebook, or Uniform System of Citation as it was formerly titled, has long been a significant component of American legal culture. The standard account of the origins of the Bluebook, deriving directly from statements made by longtime Harvard Law School Dean and later Solicitor General of the United States Erwin N. Griswold, maintains that the citation manual originated at the Harvard Law Review in the 1920s and was created or adapted by Dean Griswold himself. This account is wildly erroneous, as proven by intensive research we conducted in the archives of Harvard and Yale. In fact, the Bluebook grew out of precursor manuals at Yale Law School, apparently inspired by a legal scholar even more important than Griswold, namely Karl N. Llewellyn. The “uniform citations” movement that began at Yale was actually at first opposed by Harvard.

In his most extreme misstatement, Griswold asserted that a collaborative decision was made in the 1920s by Harvard Law Review, Yale Law Journal, Columbia Law Review, and University of Pennsylvania Law Review to share the revenues from publishing the Bluebook (eventually amounting to millions of dollars) among the four journals. There is indeed now four-way revenue-sharing, but it did not commence until the 1970s, and then only after a revolt of the three “junior partners” against Harvard Law Review’s complete monopolization of Bluebook income for half a century, a revolt initiated by Joan Wexler of the Yale Law Journal.

Some readers may question whether originating the hyper-complicated Bluebook should be a source of pride for Yale. Our response is that, although the Bluebook version that subsequently developed under the leadership of Harvard Law Review currently consists of 582 pages, the two earliest Yale precursors of the Bluebook were, respectively, one page and fifteen pages long.”

Colin Picker