Cheating at University

4732885512_9bf97a8838Photo Credit

Justine Rogers

Last week I was asking students in my ethics class to discuss legal values and what ones they’d picked up from law school. They raised a range of things, from compassion to competition. But one student said, “No plagiarising, no cheating, being honest in your work!”. “It’s drummed into us from Day 1”, one added.

I was rather chuffed to hear this, but I am not sure I can or should be too pleased. The research shows that these are problems affecting all Australian universities, though unevenly across them and within the disciplines. Sydney University has just released part 1 of report, ‘an approach to minimising academic misconduct and plagiarism at the University of Sydney. Its focus is detection and prevention. The Report shows that most instances of misconduct were categories of negligence (lack of understanding or carelessness about how to cite and reference). The rest, the active fraud, is where it gets disturbing.

There’s the less-straight-forward (as far as severity of categorisation goes) collusion and recycling, but most of it is outright dishonest plagiarism and ghost writing, or getting someone else to do the work and submitting it as your own. Ghost writing, in particular, is becoming more prevalent and difficult to regulate. Students are taking advantage of sophisticated and therefore hard-to-detect online services, marketed to them, ones like MyMaster. These fraudster strategies affect most directly take-home assessments, but now students are adapting the technology available to cheat in exams. They are using their phones and watches to bring in material, using loo breaks to quickly check the internet, taking photos of confidential papers, and one I hadn’t thought of in my old cheating (paper-based) days:* paying impersonators to come and take the exam on their behalf. Other categories found in the report were fraudulent medical certificates or other bad faith uses of special consideration.

A summary of the Report’s recommendations (produced by the Academic Misconduct and Plagiarism Taskforce, Sydney University, 2015: 2): Continue reading

Inspiring Addresses to New Students

The new UNSW LLB and JD classes heard inspiring addresses from alumni, respectively, Sean Lau (recently awarded the Rhodes Scholarship) and Michael Rose (Chief Executive Partner of Allens).

Sean gave excellent advice on decision-making, in which he looked critically at clichéd advice students always get to ‘keep your options open’ and ‘do what you love’.

Michael Rose gave an inspiring speech on ‘why law matters’. He started from his experience of a child’s preventable death in PNG, which he saw as a product of a society lacking the rule of law. He went on to talk about how law will matter in the world you will be working in, and your responsibilities as lawyers.

Sean’s and Michael’s speeches can be found here.

31_Aug_2011_Civil_Party_Lead_Co-Lawyer_Simmoneau

Jobs for law graduates

The issue in Australia is not as stark as it currently is in the USA. But, as a recent article in The New Yorker suggests, many US law graduates are having difficulty finding jobs. Students with high levels of debt are left without a means of paying it back.

There are important differences differences between Australia and the US: (1) our fees are lower (for now), (2) law in Australia is an undergraduate degree, so many graduates choose non-law career paths, often treating law as a useful general degree rather than as a professional qualification, (3) the Australian economy is doing relatively well, and (4) some international students wish to use their degree in their home country, where demand may be higher. Nevertheless, on the numbers, there are still many more Australian law graduates than there are law jobs for graduate lawyers in Australia.

What is the ethical responsibility of law schools in Australia in this regard? Is it simply a question for “the marketplace” or should universities (typically funded on a per student basis) think carefully about appropriate numbers? Should weaker students (who are less likely to find employment) be provided with more help and advice?

Lyria Bennett Moses

Aside

The New Legal Education

The teaching year has just started here, and for me personally, the teaching of a brand new course.

Beginning something offers the chance to see what we are doing as teachers of law close up, because for at least some period of time, it is not natural; it needs repeating and (re)getting used to.

Traditionally, legal education has been about training students to ‘think like a lawyer’; to develop supreme skills of analysis, meticulousness, reasoning and persuasion. Writers have identified the values that guide these skills, some of which, they argue, are harmful to the well-being of lawyers, the clients they serve, and their communities.

Indeed, for just and effective legal practice, what’s needed in legal education is a greater emphasis on broader cognitive, social, practical and ethical skills – indeed, an increased emphasis on competence and skills generally. Students also need opportunities to make these skills meaningful, in connection to others.

This isn’t ‘just’ the findings of a bunch of academics. The legal profession is beginning to support this thinking. The NSW Law Society is now restructuring its CPD program to reflect the contemporary reality that, as it states, these are not ‘soft’ skills, rather ‘fundamental’ ones that best serve the client. To do so, they’ve drawn on the analysis of Canadian lawyer and ‘legal futurist’, Jordan Furlong.

They ask, “So what exactly are the six new skills Furlong thinks need to be added to the [traditional] mix if we’re to create the complete modern lawyer?” They are:

1. Ability to Collaborate

2. Emotional Intelligence

3. Financial Literacy (adding a nice dimension to Colin’s recent post)

4. Project Management

5. Technology Affinity (um, not sure about this term and can hear the cries of gross commercialism from among more senior lawyers, – as with 3. – but it means being competent at using your computer, the internet and other mobile technology.)

6. Time Management

I would add ethics reflection and decision-making to the list. Also, I am fairly sure there are other aspects of justice and the law that, while more about substantive knowledge and attitudes, could be presented as related skills?

In any case, given its connections to mastery, social relatedness and the emotions of the individual, this set of skills has great potential to also support the well-being of lawyers and law students in ways that the traditional skills do not or do not do as fully. What do you think of the list? Whether we’re at the beginning of the year, or in the slightly wilder stage, does it seem like a useful and worthy guide for our teaching?

Justine Rogers

Preparing law students for IT in the workplace

According to this article, competition among law firms is heating up and those that are using Information Technology (IT) as a collaborative communication tool may have an advantage. The article looks at some technologies that law firms are harnessing to enhance lawyer-client interactions. This allows greater flexibility in access, leading to greater client satisfaction. The article begs the question of whether universities are preparing students to use technology as collaborative, communication tools? Are universities a strong link in the chain between students coming into the university with strong IT skills, and the changing nature of the workforce which is also utilizing the tools that IT has to offer?

By Thomas Molloy 

Pressure to publish in select journals results in distortions

Randy Schekman, Nobel prize winner, says his lab will no longer send papers to top scientific journals Nature, Cell and Science because of his belief that the pressure to publish in such journals distorts science. More and more, legal academics are coming under the same kids of pressure to publish in particular “prestigious” journals. As is the case in science, such pressure distorts the kinds of legal scholarship that academics choose to pursue. Since prestigious journals only rarely overlap with practitioner journals, for example, there is a risk that engagement between academia and the profession will decline. Is this simply a game we all accept we have to play for career progression, do we believe that it is ultimately of benefit to the legal academy to go along with this, or is it something on which we should, like Schekman, take a stand?

By Lyria Bennet Moses

What is the SRA getting the UK into?

By Alex Steel

John Flood’s post below highlights the radical nature of the SRA’s proposal.  To be fair to LETR it was primarily a research paper rather than an options paper, and there’s a lot in there that’s of interest to Australian academics – including an overview of the current state of UK education and practice, and useful literature reviews.  A couple of cautionary notes from LETR are apposite to the proposals to move to competency based outcomes: Continue reading