Presentation to Legal Education section, Society of Legal Scholars conference, 2016, St Catherine's College, Oxford, September 2016. Authors: Paul Maharg, Dirk Rodenburg
The document discusses media convergence and fragmentation in legal education. It provides examples of how multimedia simulations (sims) are being used in legal education and analyzes some case studies. Specifically, it examines:
1) Problems and solutions related to managing student work and voice in online contexts. This includes issues of information management, managing professional voice/register, and fostering collaboration.
2) The development of a simulated legal work environment called ALIAS to support collaborative writing and genre learning among law students.
3) A study on the use of simulated clients to assess law student interviewing skills, finding they can provide more reliable and valid assessment than traditional methods.
Paul Maharg argues that the Covid-19 pandemic has highlighted longstanding failures in legal education related to technology and assessment, and that radical changes are now urgently needed. Specifically, he claims legal education has failed to properly invest in and develop educational technology, lacks coherent leadership on the issue, and relies too heavily on standardized assessments that do not adequately measure important attributes like values, attitudes, and skills. Maharg advocates reshaping legal education with student-centered models like problem-based learning and revising regulatory standards to focus more on practice readiness and professional formation.
This document discusses the design and implementation of an online problem-based learning (PBL) JD program at an Australian university. It was intended to be innovative by being entirely online and using PBL. Key aspects included clustering subjects around legal problems, integrating ethics and skills, and designing new online learning environments. PBL was intended to promote both breadth and depth of learning through active and collaborative learning. Assessment was designed to be closely linked to the learning process through checkpoints and open-book exams. Significant staff development was also conducted to support effective implementation of PBL online. Overall the program aimed to enhance learning through PBL and digital technologies.
This document summarizes a presentation about three potential futures for legal education research: Prometheus, Sisyphus, and Themis.
Prometheus represents a creative but counter-cultural approach that suffers consequences. Sisyphus is characterized by endless, futile effort. Themis proposes a collaborative online research project to systematically study and provide evidence for legal education and professional development. It would include original research, literature reviews, and resources to inform policymaking.
1. The document discusses the development of a new cognitive computing simulation engine and its implementation. It was created for use in legal education by combining artificial intelligence with narrative simulations.
2. The simulation engine aims to allow educators to easily author complex simulations that interact with students using chat/email. It will integrate guided instruction and connect to IBM Watson behind the scenes. Initial pilots will involve law schools collaborating to develop and test simulations.
3. The goals are to improve simulation design tools, create a virtuous cycle of improvement between students, educators and AI, and foster interdisciplinary simulations. This could transform legal education by fusing knowledge, skills and ethical learning through experience within simulations.
The document discusses various concepts related to mediation and intermediation in the context of legal education. It describes disintermediation as the elimination of established middle agents through digital technologies. Reintermediation then occurs as new intermediaries emerge to aggregate and add value to information. The document proposes three alternatives for legal education that embrace more apomediation: 1) Problem-based learning with integrated library resources; 2) Saturated integration of digital communities; and 3) Extreme disintermediation using blockchain technologies to create a decentralized autonomous organization for legal education.
The document discusses convergence and fragmentation in legal education, research, and informatics. It notes how new media is converging across industries but also fragmenting how students access and understand information. Examples are provided of simulations and online projects that aim to improve legal research skills and encourage collaborative learning over individual content consumption. The conclusion advocates shifting focus from legal content to skills, using open resources collectively, embedding media in classes, and using simulations to practice complex legal thinking.
The document discusses media convergence and fragmentation in legal education. It provides examples of how multimedia simulations (sims) are being used in legal education and analyzes some case studies. Specifically, it examines:
1) Problems and solutions related to managing student work and voice in online contexts. This includes issues of information management, managing professional voice/register, and fostering collaboration.
2) The development of a simulated legal work environment called ALIAS to support collaborative writing and genre learning among law students.
3) A study on the use of simulated clients to assess law student interviewing skills, finding they can provide more reliable and valid assessment than traditional methods.
Paul Maharg argues that the Covid-19 pandemic has highlighted longstanding failures in legal education related to technology and assessment, and that radical changes are now urgently needed. Specifically, he claims legal education has failed to properly invest in and develop educational technology, lacks coherent leadership on the issue, and relies too heavily on standardized assessments that do not adequately measure important attributes like values, attitudes, and skills. Maharg advocates reshaping legal education with student-centered models like problem-based learning and revising regulatory standards to focus more on practice readiness and professional formation.
This document discusses the design and implementation of an online problem-based learning (PBL) JD program at an Australian university. It was intended to be innovative by being entirely online and using PBL. Key aspects included clustering subjects around legal problems, integrating ethics and skills, and designing new online learning environments. PBL was intended to promote both breadth and depth of learning through active and collaborative learning. Assessment was designed to be closely linked to the learning process through checkpoints and open-book exams. Significant staff development was also conducted to support effective implementation of PBL online. Overall the program aimed to enhance learning through PBL and digital technologies.
This document summarizes a presentation about three potential futures for legal education research: Prometheus, Sisyphus, and Themis.
Prometheus represents a creative but counter-cultural approach that suffers consequences. Sisyphus is characterized by endless, futile effort. Themis proposes a collaborative online research project to systematically study and provide evidence for legal education and professional development. It would include original research, literature reviews, and resources to inform policymaking.
1. The document discusses the development of a new cognitive computing simulation engine and its implementation. It was created for use in legal education by combining artificial intelligence with narrative simulations.
2. The simulation engine aims to allow educators to easily author complex simulations that interact with students using chat/email. It will integrate guided instruction and connect to IBM Watson behind the scenes. Initial pilots will involve law schools collaborating to develop and test simulations.
3. The goals are to improve simulation design tools, create a virtuous cycle of improvement between students, educators and AI, and foster interdisciplinary simulations. This could transform legal education by fusing knowledge, skills and ethical learning through experience within simulations.
The document discusses various concepts related to mediation and intermediation in the context of legal education. It describes disintermediation as the elimination of established middle agents through digital technologies. Reintermediation then occurs as new intermediaries emerge to aggregate and add value to information. The document proposes three alternatives for legal education that embrace more apomediation: 1) Problem-based learning with integrated library resources; 2) Saturated integration of digital communities; and 3) Extreme disintermediation using blockchain technologies to create a decentralized autonomous organization for legal education.
The document discusses convergence and fragmentation in legal education, research, and informatics. It notes how new media is converging across industries but also fragmenting how students access and understand information. Examples are provided of simulations and online projects that aim to improve legal research skills and encourage collaborative learning over individual content consumption. The conclusion advocates shifting focus from legal content to skills, using open resources collectively, embedding media in classes, and using simulations to practice complex legal thinking.
Disintermediation is a concept well-understood in almost all industries. At its simplest, it refers to the process by which intermediaries in a supply chain are eliminated, most often by digital re-engineering of process and workflow. It can often result in streamlined processes that appear more customer-focused. It can also result in the destruction of almost entire industries and occupations, and the re-design of almost every aspect of customer and client-facing activity. To date, HE and legal education in particular has not given much attention to the process. In this article I explore some of the theory that has been constructed around the concept in other industries. I then examine some of the consequences that disintermediation is having upon our teaching and learning, and on our research on legal education, as part of the general landscape of digital media churn; evaluate its effects (particularly with regard to regulation) and show how we might use aspects of it in one version of the future of legal education.
Disintermediation is having significant effects on law schools and the legal profession. For students, it enables more flexible and collaborative learning, but risks a loss of campus community. For staff, roles are diversifying as intermediaries are disrupted. Librarians have been particularly impacted through dis- and reintermediation. Regulation also needs to change to recognize changing roles and adopt a more collaborative approach. Looking ahead, emphasis on apomediation, open platforms, and interdisciplinary research will increase as corporate influence grows and curricula are redesigned around engagement and customization.
This document discusses strategies for legal reading, research, and writing. It begins by exploring how people read texts, maps, and music, and how these insights could apply to reading law. It then addresses organizing legal research using citation managers. Finally, it provides guidance on academic legal writing, including different forms of writing, strategies for writing within constraints, planning approaches, and addressing introductions and problem-solving writing specifically. Throughout, it draws on research and references various scholars to support its discussion.
Slides used at the Society of Legal Scholars conference, Cambridge, 2011 to introduce our upcoming book on Affect, co-edited by Caroline Maughan and published by Ashgate.
The document discusses issues with current legal education technology and proposes alternatives for regulation. It argues that legal education technology is often dull, institution-focused, and lacks social networking elements. It suggests that regulation should help develop new theory and teaching approaches using technology in innovative ways. The document presents alternatives like focusing on learning outcomes rather than instruction methods, promoting open educational resources, and conceptualizing the regulator as a quality enhancer and hub for creativity rather than solely an enforcer of rules.
This document summarizes and discusses approaches to improving legal education pedagogy. It discusses how traditional law school approaches can negatively impact students and proposes alternative experiential and problem-based learning methods. As an example, it describes a personal injury negotiation project used at Northumbria Law School that incorporates collaborative learning, reflection, and assessment of negotiation skills. The document advocates open educational resources and simulation projects to help reform legal education pedagogy.
The document discusses concepts related to mediation and disintermediation in the context of legal education. It defines key terms like intermediation, disintermediation, and reintermediation and provides examples of how they apply to different roles in legal education. Specifically, it discusses how disintermediation is currently affecting law students through more flexible learning, law faculty through changing roles, and law librarians who have been significantly impacted. It predicts that apomediation will become more significant in the future and could threaten law school economics and independence from corporate publishers. Overall, the document analyzes how information technologies are changing mediation in legal education.
Presentation to the Legal Education and Scholarship: Past Present and Future Workshop in Honour of William Twining, 20.10.10. IALS, University of London.
Slides based on the Editorial to a Special Issue on the subject published in The Law Teacher and edited by Maharg. Presented at the 2016 BILETA (British and Irish Law Education Technology Association) conference at the University of Hertfordshire.
This document discusses new digital research literacies and publishing platforms. It covers 1) digital research literacies, 2) scholarly peer networks like Academia and ResearchGate, 3) publishing platforms like blogs, SlideShare and Twitter, 4) moving from bibliometrics to altmetrics to measure impact, and 5) findings about the effects of digital research on open access to knowledge and gender differences in citation rates. The document concludes with recommendations for ANU Law researchers to acknowledge emerging technologies, base practices on collaboration, support open teaching and research, and use new media to shape research narratives and impact.
The document discusses Paul Maharg's presentation on the hermeneutics of legal education. The presentation covers 5 case studies: 1) the shift in Scots legal education during the Enlightenment, 2) theoretical shifts with digital education in legal education such as transactional learning and extended CHAT theory, 3) the use of diegetic learning through disruption, 4) the interdisciplinary shift through simulated clients, and 5) implications for future law school practices. The presentation argues that understanding legal education requires a hermeneutic approach that considers how traditions are interpreted against each other.
The document discusses using simulations and role-playing scenarios called SIMPLE (Simulated Interactive Multimedia Professional Learning Environment) to teach and assess legal professionalism. SIMPLE allows students to take on legal roles and complete tasks, research, negotiations, and whole case files to develop skills like teamwork, legal research, writing, and ethics. The document provides examples of simulations used at various law schools and discusses how multimedia, social media, and aggregating resources can enhance transactional learning in SIMPLE simulations.
The document discusses the need to transform legal education pedagogy from a focus on content delivery to experiential learning. It proposes using simulated professional learning environments (SIMPLE) to provide online simulations of authentic legal work. These simulations would incorporate transactional learning principles of active, collaborative, reflective and process-oriented learning assessed against professional standards. Examples of spaces from progressive schools are presented as models for curriculum-driven learning spaces to support different types of activities. Concerns around information management, discussion spaces, and pacing of simulations are also addressed.
The document discusses three future portraits of law school as a design school based on principles of problem-based learning and the Bauhaus movement, a kindergarten focused on multimedia and developing student identities, and an art school emphasizing creativity, legal reasoning, and the development of habits through practice. It also examines how traditions in portraiture, education approaches like the Bauhaus, kindergarten and art school models could influence and renew legal education.
The simulated client initiative aims to develop a practical and cost-effective method of assessing lawyer-client communication skills using simulated clients. Research conducted in Scotland found that simulated clients can reliably and validly assess important communication skills. The method has now been adopted by several law schools internationally. Benefits include making client satisfaction and feedback the focus of assessment, and challenging traditional legal education approaches. Open questions remain around ensuring consistency in simulated client training and performance.
The document discusses recommendations from the Legal Education and Training Review (LETR) regarding ethics and legal education. It notes that LETR emphasizes experiential learning and improving regulation through adopting fresh approaches. It recommends that legal education schemes include learning outcomes on professional ethics, legal research skills, and communications skills. LETR also stresses the centrality of ethics to legal practice and encourages developing approaches to ethics education beyond just conduct rules. The document examines different regulatory approaches and tools to redesign ethics education, such as participatory regulation and shared space concepts. It also outlines needs like mapping the ethics education research field and improving longitudinal research on ethics learning over time.
Disintermediation is a concept well-understood in almost all industries. At its simplest, it refers to the process by which intermediaries in a supply chain are eliminated, most often by digital re-engineering of process and workflow. It can often result in streamlined processes that appear more customer-focused. It can also result in the destruction of almost entire industries and occupations, and the re-design of almost every aspect of customer and client-facing activity. To date, HE and legal education in particular has not given much attention to the process. In this article I explore some of the theory that has been constructed around the concept in other industries. I then examine some of the consequences that disintermediation is having upon our teaching and learning, and on our research on legal education, as part of the general landscape of digital media churn; evaluate its effects (particularly with regard to regulation) and show how we might use aspects of it in one version of the future of legal education.
Disintermediation is having significant effects on law schools and the legal profession. For students, it enables more flexible and collaborative learning, but risks a loss of campus community. For staff, roles are diversifying as intermediaries are disrupted. Librarians have been particularly impacted through dis- and reintermediation. Regulation also needs to change to recognize changing roles and adopt a more collaborative approach. Looking ahead, emphasis on apomediation, open platforms, and interdisciplinary research will increase as corporate influence grows and curricula are redesigned around engagement and customization.
This document discusses strategies for legal reading, research, and writing. It begins by exploring how people read texts, maps, and music, and how these insights could apply to reading law. It then addresses organizing legal research using citation managers. Finally, it provides guidance on academic legal writing, including different forms of writing, strategies for writing within constraints, planning approaches, and addressing introductions and problem-solving writing specifically. Throughout, it draws on research and references various scholars to support its discussion.
Slides used at the Society of Legal Scholars conference, Cambridge, 2011 to introduce our upcoming book on Affect, co-edited by Caroline Maughan and published by Ashgate.
The document discusses issues with current legal education technology and proposes alternatives for regulation. It argues that legal education technology is often dull, institution-focused, and lacks social networking elements. It suggests that regulation should help develop new theory and teaching approaches using technology in innovative ways. The document presents alternatives like focusing on learning outcomes rather than instruction methods, promoting open educational resources, and conceptualizing the regulator as a quality enhancer and hub for creativity rather than solely an enforcer of rules.
This document summarizes and discusses approaches to improving legal education pedagogy. It discusses how traditional law school approaches can negatively impact students and proposes alternative experiential and problem-based learning methods. As an example, it describes a personal injury negotiation project used at Northumbria Law School that incorporates collaborative learning, reflection, and assessment of negotiation skills. The document advocates open educational resources and simulation projects to help reform legal education pedagogy.
The document discusses concepts related to mediation and disintermediation in the context of legal education. It defines key terms like intermediation, disintermediation, and reintermediation and provides examples of how they apply to different roles in legal education. Specifically, it discusses how disintermediation is currently affecting law students through more flexible learning, law faculty through changing roles, and law librarians who have been significantly impacted. It predicts that apomediation will become more significant in the future and could threaten law school economics and independence from corporate publishers. Overall, the document analyzes how information technologies are changing mediation in legal education.
Presentation to the Legal Education and Scholarship: Past Present and Future Workshop in Honour of William Twining, 20.10.10. IALS, University of London.
Slides based on the Editorial to a Special Issue on the subject published in The Law Teacher and edited by Maharg. Presented at the 2016 BILETA (British and Irish Law Education Technology Association) conference at the University of Hertfordshire.
This document discusses new digital research literacies and publishing platforms. It covers 1) digital research literacies, 2) scholarly peer networks like Academia and ResearchGate, 3) publishing platforms like blogs, SlideShare and Twitter, 4) moving from bibliometrics to altmetrics to measure impact, and 5) findings about the effects of digital research on open access to knowledge and gender differences in citation rates. The document concludes with recommendations for ANU Law researchers to acknowledge emerging technologies, base practices on collaboration, support open teaching and research, and use new media to shape research narratives and impact.
The document discusses Paul Maharg's presentation on the hermeneutics of legal education. The presentation covers 5 case studies: 1) the shift in Scots legal education during the Enlightenment, 2) theoretical shifts with digital education in legal education such as transactional learning and extended CHAT theory, 3) the use of diegetic learning through disruption, 4) the interdisciplinary shift through simulated clients, and 5) implications for future law school practices. The presentation argues that understanding legal education requires a hermeneutic approach that considers how traditions are interpreted against each other.
The document discusses using simulations and role-playing scenarios called SIMPLE (Simulated Interactive Multimedia Professional Learning Environment) to teach and assess legal professionalism. SIMPLE allows students to take on legal roles and complete tasks, research, negotiations, and whole case files to develop skills like teamwork, legal research, writing, and ethics. The document provides examples of simulations used at various law schools and discusses how multimedia, social media, and aggregating resources can enhance transactional learning in SIMPLE simulations.
The document discusses the need to transform legal education pedagogy from a focus on content delivery to experiential learning. It proposes using simulated professional learning environments (SIMPLE) to provide online simulations of authentic legal work. These simulations would incorporate transactional learning principles of active, collaborative, reflective and process-oriented learning assessed against professional standards. Examples of spaces from progressive schools are presented as models for curriculum-driven learning spaces to support different types of activities. Concerns around information management, discussion spaces, and pacing of simulations are also addressed.
The document discusses three future portraits of law school as a design school based on principles of problem-based learning and the Bauhaus movement, a kindergarten focused on multimedia and developing student identities, and an art school emphasizing creativity, legal reasoning, and the development of habits through practice. It also examines how traditions in portraiture, education approaches like the Bauhaus, kindergarten and art school models could influence and renew legal education.
The simulated client initiative aims to develop a practical and cost-effective method of assessing lawyer-client communication skills using simulated clients. Research conducted in Scotland found that simulated clients can reliably and validly assess important communication skills. The method has now been adopted by several law schools internationally. Benefits include making client satisfaction and feedback the focus of assessment, and challenging traditional legal education approaches. Open questions remain around ensuring consistency in simulated client training and performance.
The document discusses recommendations from the Legal Education and Training Review (LETR) regarding ethics and legal education. It notes that LETR emphasizes experiential learning and improving regulation through adopting fresh approaches. It recommends that legal education schemes include learning outcomes on professional ethics, legal research skills, and communications skills. LETR also stresses the centrality of ethics to legal practice and encourages developing approaches to ethics education beyond just conduct rules. The document examines different regulatory approaches and tools to redesign ethics education, such as participatory regulation and shared space concepts. It also outlines needs like mapping the ethics education research field and improving longitudinal research on ethics learning over time.
This document discusses new media and digital research literacies. It describes various digital tools and platforms for scholarly communication and research dissemination, including blogs, social networks, slidesharing, and altmetrics. It also addresses how digital technologies can transform research through features like replicability, mutability, connectivity, and portability. Deeper issues are explored around what constitutes "digital" and how digital technologies may alter social interactions and literacies.
Shared space: regulation, technology and legal education in a global context
Professor Paul Maharg
Australian National University College of Law
Abstract
The LETR Report on legal services education and training (LSET), published in June 2013, is the most recent of a series of reports dealing with legal education in England and Wales. Many of these reports do not deal directly with technology theory and use in legal education, though it is the case that the use of technology has increased substantially in recent decades. This is a pattern that is evident in reports in most other common law jurisdictions. LETR does have a position on technology use and theory, however, and it positions itself in this regard against other reports in England and Wales, and those from other jurisdictions, notably those in the USA.
In this paper I shall set out that position and contrast it with regulatory statements on technology and legal education in England, Australia and the USA. Based on a review not just of recent practical technological implementations but of the theoretical educational and regulatory literatures, I shall argue that the concept of ‘shared space’ outlined in the Report is a valuable tool for the development of technology in education and for the direction of educational theory, but most of all for the development of regulation of technology in legal education at every level.
The document discusses the SIMPLE simulation platform and its uses in legal education. It provides an overview of what SIMPLE does, including enabling personalized learning, collaborative learning, and use of simulations. It then describes three case studies where SIMPLE has been used, including a personal injury transaction simulation at Strathclyde University Law School. Students learned skills like legal research, negotiation strategies, and teamwork through participating in the simulation. The document evaluates the personal injury simulation and what students felt they could have done differently.
This document summarizes a conference on assessment in legal education. It discusses:
1. Current reforms in legal education and the focus on assessment. Reports have highlighted problems with traditional assessment and its lack of relevance to practice.
2. Recommendations from the LETR report to improve assessment, including assessing skills more realistically through client communication assessments.
3. Adapting client-centered assessment methods from medical education, such as using standardized clients to assess interviewing skills. Several law schools and professional organizations now use standardized clients. Research finds they provide reliable and valid assessment that impacts student learning.
4. The potential of digital simulations and online assessments to provide authentic practice-based assessments of transactional skills
The document discusses approaches to improving legal education through regulation. It argues that regulation needs to avoid overly technical approaches and instead focus on experiential learning. It also calls for redesigning relationships between legal academia and the profession by shaping regulation collaboratively and improving curriculum. Additionally, it notes that legal education research has many gaps and should be better organized and funded to develop shared understandings. Overall, the document advocates for experience-based learning, collaborative relationships between stakeholders, and increased research to advance legal education.
1. The document discusses regulatory relationships and legal education, focusing on the case of innovation in legal education and the use of technology.
2. It advocates for re-designing the regulation of technology in legal education to encourage fresh approaches, experiential learning, and improve the quality of legal education. Regulators should work with legal education institutions to shape the future of legal education.
3. More research is needed on technology and legal education, as there are still many gaps and little shared understanding across the field. New technologies should be encouraged and incorporated into legal education to improve understanding of their role.
Seminar on the use of digital resources, particularly webcasts & podcasts, in legal education, and their effects on the design of learning and teaching.
The document discusses recommendations from the Legal Education and Training Review (LETR) report regarding ethics and legal education. It notes that LETR emphasizes the centrality of ethics to legal practice. Key recommendations include redesigning ethics learning, improving ethics research, and encouraging new approaches to ethics education such as experiential learning. Specific ideas discussed include mapping ethics research gaps, longitudinal ethics studies, curriculum designs integrating ethics projects, and using technology platforms for decentralized legal education.
The document discusses discourse communities in Scots law and culture, including the natural law philosophies of prominent Scottish thinkers like Francis Hutcheson, Adam Ferguson, and Walter Scott. It examines how their work contributed to the development of legal and philosophical discourse in Scotland and the conflicts that arose from different perspectives in literature and society. Key concepts of natural law, virtue, justice, and rights are explored in the context of 18th century Scottish enlightenment thought.
This document discusses the iLEGALL project which aims to investigate the use of mobile devices like iPads in legal education. It is a collaboration between universities in the UK and Ireland.
The project uses iPads in legal courses to compare their functionality to traditional learning systems and create mobile educational resources. Challenges include existing IT infrastructure and app selection. Benefits are speed, usability, and portability of iPads.
The document describes two implementations. One at Northumbria University uses iPads on a law course with student ownership. Another at the Law Society of Ireland uses iPads in continuing professional development courses. Evaluations found students engaged with paperless options but needed IT support
This document discusses new digital research literacies for legal educators. It outlines scholarly peer networks like SSRN and ResearchGate that can help build an academic profile. Publishing platforms like blogs, slideshares, and Twitter are discussed as ways to disseminate research. The document also discusses altmetrics as an alternative to traditional metrics like citation counting and journal impact factors. It provides examples of how digital research can transform features like replicability, mutability, and connectivity. Finally, it encourages legal educators to engage with emerging technologies to collaborate openly and consider diverse voices.
This document summarizes key concepts from a document about space, absence, and silence in legal education. It discusses how (1) space and absence are integral to regulating education, (2) regulation can erode learning by over-technifying the process, and (3) using shared learning spaces can improve regulation and education quality by treating students as responsible and imaginative. The document also analyzes different modalities of regulatory control and recommends a participative model where the regulator enhances quality through shared research and debate.
Slides presented by John Garvey (U of New Hampshire) and Paul Maharg (Northumbria U) to Future Ed 2: Making Global Lawyers for the 21st Century, Harvard Law School, October 2010.
This document discusses several topics related to legal education, including:
1. Several studies that examine the negative psychological effects of law school on students, including increased stress, changes in values and motivation, and increased cynicism.
2. Legal education has a weak influence on socializing students and career choices compared to the job market. Experiential learning allows development of new teaching approaches.
3. There is a need to rethink legal education practices and infrastructure in the digital age, including knowledge representation and learning resources. New technologies can enable transformative learning experiences.
Slides used in a session on the SCI during the Legal Ethics Teaching Workshop, City University, October 2011, hosted by Clark Cunningham and Nigel Duncan.
The document discusses using standardized clients (SCs) and simulated practice environments (SIMPLE) to teach professionalism to law students. SCs are laypeople trained to discuss legal cases with students and assess students' client-facing skills. SIMPLE involves online simulations of authentic legal work. The authors propose converging the two approaches at the University of New Hampshire law school by having SCs role-play clients that students interact with through a SIMPLE simulation over video conferencing. This would allow formative and high-stakes assessment of students' professional skills in an immersive simulated practice environment.
This document discusses the values of commerce education. It identifies five key values: 1) practical or utilitarian value in preparing individuals for commercial activities, 2) cultural value in transmitting values like honesty, 3) social value in supporting efficient commercial transactions that society depends on, 4) disciplinary value in developing systematic thinking skills, and 5) vocational value in providing employment and income opportunities. It also reviews related literature on the differences between practical and theoretical knowledge and the various relationships between practical and theoretical reasoning.
This document discusses meaning making in dispute resolution. It begins by outlining the concept of meaning making and how we unconsciously draw on our knowledge and experiences to make sense of the world. It then explores various perspectives on meaning making from fields like psychology, learning theory, and neuroscience. Specifically, it discusses how narratives and meaning making can influence our perspectives and make us resistant to change. The document suggests that as dispute resolvers, we should heighten our awareness of meaning making, explore parties' narratives, and reflect on how we can integrate meaning making into our processes to help parties overcome resistance and reframe their perspectives.
The document provides an overview of an organizational theory and leadership course. It includes quotes and passages about leadership, change, and complexity in education. The professor outlines the course objectives of developing a model of schools as formal organizations to understand how parts interact and suggest effective practices. Students will complete readings on concepts like logical reasoning and research evaluation to inform their analysis of education programs and reforms. The course content will be organized around filling in a table representing schools as organizations with inputs, components, and outcomes.
This presentation by NCDPI consultants will focus on how teachers and curriculum coordinators can purposefully plan and effectively make the connections shared by content areas while maintaining the integrity of each discipline. Skills that are transferrable will be identified and through collaboration of the disciplines we create cohesion in terms of student expectations.
Presenter(s): Ann Carlock and Anna Frost
Leibowitz being and becoming a good university teacherBrenda Leibowitz
presentation made by Brenda Leibowitz at the OLKC Conference in Milan in April 2015. The presentation concerns theory informing research on learning to teach
1. The document discusses augmenting collective intelligence systems to better sense, respond to, and shape their environment through the lenses of complex systems, resilience, sensemaking and human-computer interaction.
2. It emphasizes enabling the formation of meaningful connections between interpretations, narratives and evidence through tools that can detect and render patterns in vast amounts of information.
3. The goal is to support structured deliberation and debate where questions, evidence and connections are first-class entities that can be linked, addressed, embedded and debated to build plausible arguments.
The document provides an overview of academic writing, including that it is structured research written by scholars for other scholars to create new knowledge. It discusses methods, methodology, the process of reviewing literature, analyzing data, conceptualizing ideas, and writing up arguments. The document also explains what constitutes an argument, including a claim, evidence, warrant, and backing. It provides examples of arguments and discusses critical thinking and skills involved in academic writing such as questioning and interpreting information.
Teaching critical thinking involves defining what it is, how to teach it, and why it is important. There is no consensus on a definition of critical thinking, how best to teach it, or whether it can be taught. Approaches include stand-alone courses focusing on general skills versus integrated approaches within specific subjects. While critical thinking is widely believed to be important, there is skepticism around whether it can truly be taught and evaluations of critical thinking programs have had mixed results.
This document discusses various learning theories and concepts related to teaching in higher education. It covers topics such as reflective practice, the role of formal theory versus experience, different learning styles and models of the learning process. Critical theory is discussed as a way to expose assumptions and power structures. The document also addresses academic identity, disciplines, and good teaching practices such as encouraging student participation and respecting diversity.
Conceptual framing for educational research through Deleuze and GuattariDavid R Cole
This presentation will address the issue of conceptual framing for educational research through the philosophy of Deleuze & Guattari. The picture of what this means is complicated by the fact that in their combined texts, Deleuze and Guattari present different notions of conceptual framing. In their final joint text, What is Philosophy? conceptual framing appears in the context of concept creation, and helps with the analysis of western philosophy through concepts such as ‘geophilosophy’. In their joint texts on Capitalism and Schizophrenia, concepts are aligned with pre-personal and individualising flows that pass through any context. This presentation will make sense of the disparate deployment of concepts in the work of Deleuze & Guattari to aid clear conceptual work in the growing international field of educational research inspired by their philosophy.
Ib theory of_knowledge_bms_presentation lauwersbmslibrary2
This document provides an overview of the International Baccalaureate's Theory of Knowledge (TOK) course. TOK introduces students to theories about the nature and limitations of knowledge, and provides practice in critical thinking. The course requires 100 hours of instruction, an externally assessed essay, and an internally assessed presentation. Key concepts covered include ways of knowing, areas of knowledge, knowledge issues, and perspectives. The goal of TOK is to help students become effective critical thinkers and develop an internationally-minded outlook.
The document discusses inquiry-based learning and its benefits for student engagement. It outlines the SAUCE model for inquiry which involves setting the scene, acquiring information, using knowledge, communicating results, and evaluating the process. Effective questioning is important for inquiry and the document provides examples of how a school assessed and improved students' questioning skills over time. It also shares the school's curriculum plan which uses an inquiry approach organized around transdisciplinary themes.
AAAS 2018 Meeting Presentation: Science CommunicationTraining LandscapeJohn C. Besley
Presentation given at the 2018 annual meeting of the American Association for the Advancement of Science on science communication training landscape (with Anthony Dudo).
The underlying summary report can be found at:
http://35.8.12.127/jcb/wordpress/research/
The CNU Potential for Discovery and Creativity Spring 2017 NewsletterAnne Pascucci, MPA, CRA
This document provides an overview of Dr. Peter Monaghan's research program at Jefferson Lab and the SuperBigBite Spectrometer experiment. Specifically:
1) Dr. Monaghan's research is in fundamental nuclear physics and is based at Jefferson Lab, which uses electron accelerators to study how protons and neutrons interact within the nucleus.
2) His current work involves the construction and commissioning of the Coordinate Detector for the SuperBigBite Spectrometer experiment at Jefferson Lab, which will provide particle trajectory data.
3) The Coordinate Detector consists of 2352 scintillator bars arranged in six modules, which detect charged particles passing through and allow researchers to determine particle trajectories.
Norm Gayford presented on the history and challenges of technical writing courses, particularly those offered online or through distance learning. He discussed how the field has evolved through different modalities like telecourses and online learning. Some challenges discussed included engaging students in online discussions and conversations, as well as ensuring students understand conventions in their fields. The presentation argued for taking an artistic/creative approach to technical communication and online learning. It also highlighted some common misconceptions about how students learn best.
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1. The document provides an overview of a workshop on assessment held by the Law Society of Ireland on June 27th, 2022. It includes an agenda with sessions on research, ideas, and applications around assessment as well as examples of assessment architecture.
2. In the first plenary session, Professor Paul Maharg discusses key concepts around research, ideas, and applications for assessment including questions to consider around the relevance, feasibility, and practicality of different assessment approaches.
3. Examples are given of signature pedagogies, transforming pedagogies, entrustable professional activities, and programmatic assessment which aim to make assessment more learner-centered, skills-focused, and integrated with professional practice.
Professor Paul Maharg presented on assessment in legal education at a workshop of the Law Society of Ireland. The presentation included:
1. A taxonomy of task analysis for assessments in simulations, ranging from discrete tasks to assessments involving an entire case file and performative skills.
2. Results from a study on using simulated clients for interviewing assessments, which found it to be more reliable and valid than traditional assessment methods.
3. Ways that problem-based learning can be designed to ensure both breadth and depth of learning, and forms of assessment that align with problem-based learning methods like exams involving analysis of new or previously seen case studies.
teacher-student relationship
3. Assessment practices
4. Conceptions of expertise
5. Professional identity formation
6. Disciplinary boundaries
7. Power relations in the classroom
8. Access to justice issues
9. Technology affordances
10. Globalization of legal education
It repositions people as co-producers and co-designers of learning.
The document discusses professional legal education and its regulation and use of technology. It covers two main topics:
1. Regulation: It discusses using simulated clients/standardized patients to assess law students' client interviewing skills. Studies found simulated clients can reliably evaluate students and improve listening skills.
2. Technology: It addresses using digital tools and platforms to transform legal education. Questions how to help students transfer academic learning to practice and learn with others. Suggests giving students space to practice independently directing their learning through feedback.
1. The document discusses the Simulated Client Initiative (SCI) in Canadian legal education. SCI uses simulated clients, who are non-lawyers trained to evaluate law students' client interviewing skills.
2. SCI was first developed in Scotland and has been implemented at Osgoode Hall Law School and the Canadian Centre for Professional Legal Education. At Osgoode, 300 1L students complete formative SC interviews annually. At CPLED, 800 students complete mandatory SC interviews as part of bar admission training.
3. The COVID-19 pandemic required transitioning SCI to online formats. While technology enabled greater accessibility, online interviews posed new challenges regarding non-verbal communication and technical issues. Overall,
This document discusses approaches to regulating the legal profession and legal education. It makes several key points:
1. Established approaches to regulating competencies need to change as the profession becomes more fluid and fragmented. New approaches like shared space regulation and participative regulation may have a role to play.
2. Professionalism is essential for regulation but insufficient on its own. Attributes like empathy, social commitment, and courageous spirit are also important but often overlooked in legal education and assessment.
3. COVID-19 has revealed failures in legal education and technology that now require urgent and radical change, such as moving to more learner-centered phenomenological models of education.
4. Three future examples are discussed where competence
This document summarizes Paul Maharg's discussion of digital technologies in legal education. It outlines some of the failures of legal edtech to date, including lack of investment and leadership. It then discusses assessment in legal education, contrasting technical and phenomenological models. Finally, it provides examples of collaborative models for reshaping the legal curriculum, such as problem-based learning, and discusses creating collaborative online structures and initiatives in the US and Canada.
This document discusses giving feedback online using Zoom. It recommends positioning the camera at eye level, using a headset microphone, and checking student video images. When giving feedback, ask reflective questions, let students react in chat or live, and focus on the student rather than stories. Maintain balance by controlling and relinquishing control, talking and listening, directing but also being intimate, and focusing on time while acknowledging chat. The overall goal is flexible yet effective online tutoring and feedback.
1. Simulated clients (SCs) are trained actors who take on client roles to allow law students to practice client interviews. The Simulated Client Initiative aims to develop a reliable and valid method of assessing law students' client communication skills.
2. SCs undergo training that includes reviewing scripts together, discussing their roles and feelings, and practicing taking on their client roles through mock interviews.
3. Research has found the use of SCs to assess law students' client interviewing skills results in more reliable and valid evaluations than traditional methods, and is also more cost-effective. SCs are now used at many law schools internationally to train and assess students.
This document discusses the hermeneutics of legal education. It begins by defining hermeneutics as the interpretation and understanding of texts. It then explores how legal education itself can be interpreted, including how different traditions are read against each other and how academics and professionals are integrated.
The document presents several theoretical frameworks for understanding legal education, including transactional learning and extended cultural-historical activity theory. It uses the example of Scots legal education during the Enlightenment to illustrate a shift.
Finally, it discusses the implications of this hermeneutic perspective, noting that legal education can be both complicit with and contestatory against neoliberal tendencies, and that new forms of transformational learning
The document discusses two case studies of alternative approaches to legal education and assessment. The first case study examines the use of simulated clients to assess law students' client interviewing skills. A pilot at the Glasgow Graduate School of Law found that simulated clients could reliably and validly assess important client interviewing aspects, and were more cost-effective than the previous assessment system. The second case study notes that focusing the assessment on the client's perspective and experience, such as through criteria evaluated by the simulated client, changed how students learn client-facing skills.
This document discusses problem-based learning (PBL) as an example for reshaping legal education curriculums. It provides an overview of PBL, including its 7 steps and characteristics. PBL has been used in various law school programs, such as designing contracts tutorials and blended simulation environments. Webcasts are also discussed as a tool for legal education design. Different versions of webcasts over time are shown and how they can be used for categorizing legal subjects and demonstrating legal processes. Student feedback indicates that PBL and webcast approaches helped their exam preparation by providing more explanation and making the material more engaging and easier to understand. The document advocates for shifting legal education practices to focus more on open access learning networks and aggregated,
This document summarizes the key findings and recommendations from a project called the Legal Education and Training Review (LETR) that assessed legal education and training systems in England and Wales. The summary includes:
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2) The LETR made several recommendations related to learning outcomes, standards, competencies, coordination between regulators, and expanding the regulatory framework to include unregulated sectors. Many of these recommendations were adopted by the regulators.
3) Continuing issues discussed include ensuring diversity and inclusion, defining competencies needed in the 21st century,
This document summarizes the development of multimedia learning resources from 2002 to 2018 at the Glasgow Graduate School of Law. It describes the contexts and educational theories that informed the resources, the development process across 3 phases, feedback from students, and costs and savings. The resources were developed to support the Foundation Course and modeled legal skills for students through interactive videos and text.
The Simulated Client Initiative (SCI) trains standardized clients or simulated clients (SCs) to assess law student interviewing skills. SCs are trained over multiple days to role play client scenarios consistently. They provide validity and reliability in assessment comparable to law teachers. The SCI now operates at several universities. Research shows clients value empathy, respect and being listened to by lawyers. However, studies find experienced lawyers are no better than trainees at client communication. The SCI could challenge legal education approaches and implications were discussed for Osgoode Hall Law School.
The document discusses the Simulated Client Initiative (SCI) which hypothesizes that with proper training, simulated clients can assess law student client interviewing skills with validity and reliability comparable to assessments by law teachers. It describes the goals and results of SCI pilot programs which found the simulated client method more reliable, valid and cost-effective than current assessment systems. It outlines the training process for simulated clients and gives examples of assessment criteria and feedback from studies showing clients value lawyers who listen to their stories and perspectives.
OA discussion at BILETA 2017, Universidade do Minho, Portugal, focusing on legal journal publication. Co-authored with Catherine Easton and Abhilash Hair
Más de York University - Osgoode Hall Law School (20)
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providing crucial environmental data for scientific, resource management, policy purposes, and
diverse human activities.
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of any area. Consequently, a wide range of professionals, including earth system scientists, land
and water managers, and urban planners, are interested in obtaining data on land use and cover
changes, conversion trends, and other related patterns. The spatial dimensions of land use and
cover support policymakers and scientists in making well-informed decisions, as alterations in
these patterns indicate shifts in economic and social conditions. Monitoring such changes with the
help of Advanced technologies like Remote Sensing and Geographic Information Systems is
crucial for coordinated efforts across different administrative levels. Advanced technologies like
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SLS Legal Education presentation
1. The Redress of Legal Education
Paul Maharg
Dirk Rodenburg
2. preview
1. Heaney’s concept of redress in poetic theory
2. Redress of legal education
3. Re-interpretations and re-readings of [legal] educational history
4. Organisation of research activity
5. Development of sound educational frameworks and strategies to
support the adoption of new digital technologies in legal education
• Slides available at: http://paulmaharg.com/slides
4. Seamus Heaney and the redress of poetry
‘Professors of poetry, apologists for it, practitioners of
it, from Sir Philip Sydney to Wallace Stevens, all sooner
or later are tempted to show how poetry’s existence as
a form of art relates to our existence as citizens of
society – how it is “of present use.”’ (Heaney 1995, 1)
5. ‘Poetry cannot afford to lose its fundamentally self-
delighting inventiveness, its joy in being a process of
language as well as a representation of things in the
world.’ (Heaney 1995, 5)
6. ‘[Poetry’s] power as a mode of redress […] – as agent
for proclaiming and correcting injustices – is being
appealed to constantly. But in discharging this
function, poets are in danger of slighting another
imperative, namely to redress poetry as poetry, to set
it up as its own category, an eminence established and
a presssure established by distinctly linguistic means.’
(Heaney 1995, 5-6)
7. Heaney notes the OED’s four entries for ‘redress’,
including ‘”To set (a person or a thing) upright again; to
raise again to an erect position. Also fig. to set up
again, restore, re-establish.”’ (Heaney 1995, 15)
But he wants more than the restoration of poetry to
itself:
8. ‘[…] I want to profess the surprise of poetry as well as
its reliability; I want to celebrate its given,
unforeseeable thereness, the way it enters our field of
vision and animates our physical and intelligent being,’
(Heaney 1995, 15)
9. ‘[This] reminds me of a further (obsolete) meaning of
‘redress’, with which I would conclude [...]: “Hunting.
To bring back (the hounds or deer) to the proper
course.” In this “redress” there is no hint of ethical
obligation; it is more a matter of finding a course for
the breakaway of innate capacity, a course where
something unhindered, yet directed, can sweep ahead
into its full potential.’ (Heaney 1995, 15)
10. ‘In other words, whatever the possibilities of achieving
political harmony at an institutional level, I wanted to
affirm that within our individual selves we can reconcile
two orders of knowledge which we might call the
practical and the poetic; to affirm also that each form
of knowledge redresses the other and that the frontier
between them is there for the crossing.’ (Heaney 1995,
213)
12. redress and legal education
• Legal education requires redressing in all Heaney’s
senses, but particularly the last.
• Redress involves a constant process of re-aligning, a
sensing what education is and where it takes us.
• We need to dwell upon the phenomenological, the
‘thereness’, of educational experience
• We also need to reconcile the practical and the
visionary
13.
14. Dewey: 1916/2016
Reflective learning – the relationship between
experience and thinking – is characterised as:
‘(i) perplexity, confusion, doubt, due to the fact that one is implicated in an
incomplete situation whose full character is not yet determined; (ii) a conjectural
anticipation—a tentative interpretation of the given elements, attributing to them a
tendency to affect certain consequences; (iii) a careful survey (examination,
inspection, exploration, analysis) of all attainable consideration which will define and
clarify the problem in hand; (iv) a consequent elaboration of the tentative hypothesis
to make it more precise and more consistent; (v) taking one stand upon the project
hypothesis as a plan of action which is applied to the existing state of affairs: doing
something overtly to bring about the anticipated result, thereby testing the
hypothesis.’ (Dewey 1916, 150)
15. 3. Re-interpretations & re-readings of
legal educational history: The
rhetoric of reading
What is everywhere passes unnoticed. Nothing is more commonplace
than the experience of reading, and nothing is less well known. Reading
is taken for granted to such an extent that at first glance it seems nothing
need be said about it.
(Todorov, 1978, p. 39).
16. strategies for reading …
What I said to my adult learners:
•Read forward – no recursive reading
•Listen to your expectations for word clusters
•Be aware of context’s effect on meaning
•Cope with loss of power & agency while you’re reading
•Form good habits and discipline
17. Panmure Lute MSS (c.1632), 5, no.3.
Music for Lute Consort, c.1500
18. Strategies for reading music…
What my lute tutor said to me:
•Read forward – no recursive reading
•Listen to your harmonic expectations
•Be aware of context
•Cope with playing and expression while reading
•Form good habits and discipline
25. future research needs
1. Map the field & create
taxonomies for research data
2. Organise systematic data collection on
law school stats across entry/exit points,
across jurisdictions (eg using Big Data
Project methods)
25
26. future research needs
3. Focus on learning, not NSS league tables
– see US LSSSE… and include longitudinal
research data, not just snapshots
of place & time
4. Provide meta-reviews and systematic
summaries of research, where
appropriate; literature guides, etc
26
27. how might professional bodies
contribute to this?
1. Targeted funding for research initiatives, eg Cochrane Collaboration type
of initiative from both regulators and professional bodies
2. Funding & admin support to start-up and analyze innovation – eg PBL,
public education in law, legal informatics,
data visualization, etc
3. Financial & other support to enable round table
meetings with regulators and comparative work
with other jurisdictions – globally
4. Creation and maintenance of a digital hub.
27
28. 5. Development of sound educational
frameworks and strategies to support the
adoption of new digital technologies in
legal education
29. Some initial thoughts to frame the conversation…
• Technology is a means to an end
• The fundamentals of good education do not change (debate,
critical interrogation, pain, uncertainty, struggle, interstitial
moments of clarity)
• We should seek moments of “transformation” (“threshold
concepts” – irrevocable changes in perspective)
• Practice (the application of knowledge) is not a poor cousin
30. So what does that mean for the frameworks
supporting new digital tools in legal education?
• Digital tools should be considered within the context of
specific educational objectives
– Think boldly and broadly about the rationale
– Pick a target
– Define your outcomes (as painful as this may be)
– Define the role of the digital tool in supporting those outcomes
– Support adoption (the challenges of which are either under-
estimated, or become the end of the program)
31. Let’s take an example –
Legal decision making in practice
• The desire to situate legal reasoning and decision making in
authentic contexts
– Objective: enable students to better integrate theory and
practice
– Outcomes: students will experience the challenges, discomfort
and uncertainties associated with providing legal services
32. Teaching praxis is a “noble” enterprise
• Think of all of the highly nuanced skills we all execute day to
day, skills that were hard won and are so challenging to teach
– Establishing your role and limitations
– Working as a well-coordinated team
– Collaboration
– Taking and defending a position (in work, not litigation)
– Negotiating a common path
– Establishing and carrying a common vision
– Effectively articulating and communicating that vision
33. Lessons from Medicine
• Struggle to reconcile theoretical and clinical knowledge
• Often seen by students as two unrelated domains
• McMaster University pioneered PBL as a solution to
integration
• Clinically focused problems within a clinical context served as
the gateway to theoretical knowledge
• Clinical decision making is grounded in the “hard truths” of
clinical practice
34. Lessons from Medicine
• Let clinical practice drive theoretical knowledge
• Use high / low fidelity clinical contexts to support integration
– Problem based learning
– Simulated patients
– Grand rounds
– Clerkships
– Residencies
– Early supervised practice
36. Queen’s Law – OCE Grant to
Develop Simulation Platform
• Queen’s Law recently submitted and won a $250,000 industry /
academic partnership grant to develop “intelligent” simulation
platform
• Key objective is to create an authoring platform that enables any
individual or group to develop highly compelling, complex
simulations – pan-disciplinary: law, medicine, engineering, business
37. Platform Characteristics
• Back-end connectivity to cognitive computing platform (IBM
Watson) is completely hidden from simulation creators
• Platform will integrate guided instructional framework into
authoring platform
• Narrative, characters, roles, context, are all created by
simulation authors
38. “Intelligent” Simulation
• Student’s experience:
– Present student(s) with a scenario, a role and a timeline
– Ask the student(s) to begin interacting with intelligent characters in
the scenario in a non-prescriptive manner
– Provide students with realistic character interactions that reflected an
authentic context
– Enable students to access context driven content and feedback
– Allow students to “replay” and reflect on their interactions following
the simulation
39. “Intelligent” Simulation
• Simulation creators’ experience:
– “Deep” engagement with the material
• Choose domain, boundaries and constraints
• Choose specific learning outcomes
• Develop narratives, characters and contexts that support the outcomes
• Model “real world” interactions (conduct, communication, ethics, competing
interests)
• Develop supporting materials
• Anticipate student reactions, problems, challenges
– Actively seeking “transformative” moments for the student
leads to transformation in instructional perspective
40. Other (Longer Term) Objectives
• Work collaboratively cross-institutionally (Paul
Maharg and PEARL)
• Develop an embedded assessment framework to
measure simulation performance
• Develop an embedded analytics engine to harness
simulation data for both research and simulation
development purposes
Interesting comparisons of converging approaches:
John Dewey: ‘idea artefacts’ that express intention
Sherry Turkle: ‘evocative objects’ with which we think