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Presentation 2 global innovations

  1. Learning from each other: global and local interdependencies in legal eduction Professor Paul Maharg
  2. 1. Challenging hegemonies preview conditions for self-determination; modes of learning 2.Simulated clients a portrait of the outsider as insider 3. Digital innovations Simulations: SIMPLE, VOS 4. Extreme law schooling Examples of law schooling at the edge (or over it)
  3. 1. Challenging hegemonies
  4. signature pedagogies (Lee Shulman) Sullivan, W.M., Colby, A., Wegner, J.W., Bond, L., Shulman, L.S. (2007) Educating Lawyers. Preparation for the Profession of Law, Jossey-Bass, p. 24
  5. transforming the pedagogy…?
  6. John Dewey (1859-1952) At Columbia U, he was involved in… • Special Conference on Logical and Ethical Problems of Law (1922), and conducted 1925-30 jointly with Edwin Wilhite Patterson • Student course, entitled Logical and Ethical Problems of the Law. ‘A democracy is more than a form of government; it is primarily a mode of associated living, of conjoint communicated activity.’ Democracy and Education (1916)
  7. Thanks to Mike Sharples, Standard classroom c.1908. Would you like to learn about measurement and volume this way?
  8. …or this way? (Dewey’s Laboratory School, U. of Chicago, 1901)
  9. Would you like to learn about history and town planning this way?
  10. … or by building a table-top town for a social life history project? (Dewey’s Lab School)
  11. two origins of contemporary learning theory E.L. Thorndike John Dewey ‘One cannot understand the history of education in the United States in the twentieth century unless one realizes that Edward L. Thorndike won and John Dewey lost.’ Lageman, E.C. (1989) The plural worlds of educational research, History of Education Quarterly, 29(2), 185-214
  12. E.L. Thorndike John Dewey 1. Educational psychologist Philosopher & educationalist 2. Theoretician & experimentalist Theoretician and practical implementer 3. Explored the dyadic relationship between mind & the world Interested in the arc between experience & the world 4. Adopted as precursor of a behaviourist approach to learning: assessment-led; laws of effect, recency, repetition Pragmatist approach to learning: prior experience, ways of contextual knowing; democracy & education 5. Emphasised teaching strategies Emphasised learning ecologies 6. Followed by: Watson, Skinner, Gagné; outcomes, competence & instructional design (ID) movements. Followed by: Bruner, Kilpatrick, standards movement, Constructivist tradition.
  13. so what challenges hegemonic legal education? • New design • New regulatory environments • Autonomy, relatedness, connectedness – the language of self-determination theory • Making legal education porous • Shifting balances of power • Acting for the local while being aware of the global in educational theory & practice
  14. 2. Simulated clients
  15. Standardised Client Initiative • Original personnel: – Professor Clark Cunningham, Georgia State University – Professor Gregory Jones, GSU – Dr Jean Ker, Clinical Skills Unit, Medical Faculty, University of Dundee – Professor Paul Maharg, ANU – Karen Barton, University of Hertfordshire
  16. source of the idea… • Medical education: – Around 50 years of practice and research: • 497 biomed literature citations & abstracts • 527 journal articles • 30 books [Medline PubMed, keywords <“simulated patient”> 26.10.11] • Widespread use in medical schools, MEUs, hospitals, primary care, CPD, assessment centres.
  17. • Large body of research literature criticised oral exams beginning in 1960s • ‘A test that is not reliable cannot be valid’ e.g. NBME (USA) studies exams of 10,000 medical examiners over 3 years and found correlations between 2 examiners in one encounter <0.25 • Use of Standardised Patients since 1963 • Now used in high-stakes competency examination for licensure in USA and Canada • Extensively used in final exam ‘OSCE’ stations in UK medical schools evidence from medical education Standardize d Clients
  18. SCI: our hypothesis With proper training and carefully designed assessment procedures, Standardised Clients (SCs) can assess important aspects of client interviewing with validity and reliability comparable to assessment by law teachers.
  19. aims • develop a practical and cost-effective method to assess the effectiveness of lawyer-client communication which correlates assessment with the degree of client satisfaction & confidence. • ie answer the following questions… 1. Is our current system of teaching and assessing interviewing skills sufficiently reliable and valid? 2. Can the Standardised Patient method be translated successfully to the legal domain? 3. Is the method of Standardised Client training and assessment more reliable, valid and cost-effective than the current system?
  20. results Questions Results 1 Is our current system of teaching and assessing interviewing skills sufficiently 1. reliable? 2. valid? 1.No 2.No 2 Can the Standardised Patient method be translated successfully to the legal domain? Yes. 3 Is the method of Standardised Client training and assessment more 1.reliable, 2.valid 3.cost-effective than the current system? 1.Yes 2.Yes 3.Yes
  21. place of the client…? • We make what the client thinks important in the most salient way for the student: an assessment where most of the grade is given by the client • We do not conclude that all aspects of client interviewing can be assessed by SCs – We focus the assessment on aspects we believe can be accurately evaluated by non-lawyers – We focus the assessment on initial interview (which is currently being extended at Northumbria to an advice-giving interview) • This has changed the way we enable students, trainees and lawyers to learn interviewing & client-facing ethical behaviour
  22. who uses SCs? Strathclyde University Law School WS Society (Edinburgh) University of New Hampshire The Australian National University College of Law Northumbria U Law School Kwansei Gakuin U Law School (Osaka) SRA (QLTS) Law Society of Ireland Hong Kong University Faculty of Law Adelaide University Law School The Chinese University of Hong Kong Law School National Centre for Skills in Social Care, London
  23. SCs: people as co-producers, co-designers The SC approach challenges: 1. Curriculum methods 2. Ethics of the client encounter 3. The cognitive poverty of conventional law school assessment 4. Law school as a self-regarding, monolithic construct 5. Law school categories of employment 6. The curricular isolation of clinic within law schools 7. Hollowed-out skills rhetoric 8. Conventional forms of regulation by regulatory bodies 9. The role of regulator, as encourager of innovation & radical reform…? 10. Disciplinary boundaries – what about a SC Unit that’s interdisciplinary? 11. Local jurisdictional practices: how might such a project work globally?
  24. 3. Digital innovations
  25. experiential learning in law: SIMPLE SIMulated Professional Learning Environment enables students to engage in online simulations of professional practice. Its special pedagogy is based on transactional learning: active learning through performance in authentic transactions involving reflection in & on learning, deep collaborative learning, and holistic or process learning, with relevant professional assessment that includes ethical standards
  26. correspondence file
  27. Ardcalloch directory
  28. map of Ardcalloch
  29. Personal Injury project: assessment criteria We require from each student firm a body of evidence consisting of: • fact-finding – from information sources in the virtual community) • professional legal research & comms • formation of negotiation strategy – extending range of prior learning in a curriculum spiral • performance of strategy – correspondence + optional f2f meetings, recorded
  30. learning spaces: three issues 1. Information management: how do students gather, track, archive, recall, analyze data? 2. Managing voice, register, genre. 3. Discussion forum as relational space, used as a back-channel, close to drafting & posting, and giving the firm a professional identity as a unit, when working on shared tasks.
  31. PI project: (some of) what students learned • extended team working • real legal fact-finding • real legal research • process thinking in the project • setting out negotiation strategies in the context of (un)known information • writing to specific audiences • handling project alongside other work commitments • structuring the argument of a case from start to finish • keeping cool in face-to-face negotiations • more effective delegation • keeping files & taking notes on the process... • being professional about work and life
  32. Practice Management includes: Thanx Anneka & Liz
  33. key issue: simulation tempo and complexity
  34. feasibility? cost? impact? Feasible…? • Very: lots of experience out there in Strathclyde, Northumbria, Glamorgan, ANU. Complex to create sims in the SIMPLE Toolset, but easy to maintain. Cost…? • Development of sims; learning support for students • SIMPLE is open-source and freely available • SIMPLE blueprints & guidance documents are freely available under Creative Commons licences. Impact…? • on students: ethical performance, learning legal argumentation, practice of skills within professional value contexts; critique of professionalism; formative and high-stakes assessment; transactional learning
  35. who used SIMPLE? Strathclyde University Law School Strathclyde U Management Science University of New Hampshire The Australian National University College of Law (their own version) Northumbria U Law School Kwansei Gakuin U Law School (Osaka) (their own version) University of South Wales Law School RechtenOnline, Netherlands
  36. further information Maharg, P. (2007), Transactional learning in action, chapter 7, Transforming Legal Education. Learning and Teaching the Law in the Early Twenty-first Century, Ashgate Publishing. Maharg, P., de Freitas, S., (2011). Digital games and learning: modelling learning experiences in the digital age, chapter 1, in de Freitas, S., Maharg, P. (eds) Digital Games and Learning, Continuum Press. Maharg, P. (2011) Space, absence, silence: the intimate dimensions of legal learning, chapter 13, in Maharg, P., Maughan, C., eds, Affect and Legal Education: Emotion in Learning and Teaching the Law, Ashgate Publishing.
  37. 4. Extreme law schooling
  38. example 1: curriculum design • New programme designs such as JD + PBL + online – New three year curriculum: 2 (undergrad, qualifying) + 1 (Masters). – Integration of traditionally separate subjects – Focus on collaborative problem-solving using a PBL methodology – Learning intellectual structures through problem immersion – Fusing learning and immersive, integrative assessment – Healing the academic / professional divide, in design and in new forms of employment (adjuncts as PBL facilitators) – Retaining choice of career pathways – Possibility of global partnerships with other innovative PBL centres.
  39. ‘The new competition, the real threat . . . is the emergence of entirely new models of university which are seeking to exploit the radically changed circumstances that are the result of globalisation and the digital revolution.’ An Avalanche is coming, Higher Education and the Revolution Ahead. IPPR , March 2013
  40. blockchain • Blockchain code – a shared public register of code transactions • Decentralized file storage • Decentralized Autonomous Organisations • On-chain decentralized marketplaces for services • Open technology platform • ‘Permissionless innovation’
  41. which services use / could use blockchain? • Currencies & sub-currencies, eg Bitcoins - - decentralized digital cryptocurrencies. See • Almost any financial instrument • Further, more sophisticated platforms, eg Ethereum, • Contracts and wills • Savings wallets • Online voting • Decentralized government • Secure messaging - • Decentralized data feed • Legal education…?
  42. In financial terms, the digital blockchain performs moves we’ve seen in other industries, and particularly in disintermediation. In legal education, a blockchained environment might include learning objects, a comms system, a badge system (eg Mozilla Badges), a payment system, access to knowledge and skills environments and other decentralised functions. Decentralisation — what’s the role of the LMS then? I’d guess that we’re already moving away from it, and blockchained legal education will probably render it unwieldy, pointless. More fundamentally, and given disintermediation, what does this do to the nature, role and status of the law school as educational institution? And how should this be regulated? and organisations/
  43. legal education DAO • Peer-to-peer • Peer-to-object • learning objects + comms system + badge system (eg Mozilla Badges) + payment system + other decentralized functions (eg IFTTT), using identity and reputation system as a base • Regulation? See regulation of VoiP, and Bitcoins itself
  44. IFTTT The title is an acronym — short for “If This Then That” — which neatly describes the function of the product. It is essentially a giant switchboard to connect disparate services, anything from Facebook to text messages to telephone calls. Users can create “recipes” in which an action on one service can trigger an action on another entirely different service. […] The idea, according to co-founder Linden Tibbets, is to give people more creative control over the many online services they use on a daily basis.
  45. references Rowe, M. and Murray, M. (2012) Teaching professionalism online – An Australian professional legal education experience, in The Calling Of Law, Fiona Westwood and Karen Barton (eds), Ashgate, 2012 Ferguson A and Lee E. (2012).Desperately Seeking ... Relevant Assessment? A Case Study on the Potential for Using Online Simulated Group Based Learning to Create Sustainable Assessment Practices(Link) Legal Education Review VOLUME 22 (2012) No 1&2. 2012 accessible at Tang S and Ferguson A, (2013). Surprisingly well: Preliminary results from Surveys of Australian Professional Legal Education Students, QUT Law Review Special Edition 2013 accessible at Barton, K., McKellar, P., Maharg, P. (2007) Authentic fictions: simulations, professionalism and legal learning, Clinical Law Review, 14, 1, 143-93. Available at: Maharg, P. (2012). Simulation: a pedagogy emerging from the shadows, in Educating the Digital Lawyer , edited by Oliver Goodenough and Marc Lauritsen. LexisNexis & Berkman Centre for Internet and Society, Harvard University. Maharg, P. (2012). ‘You are here’: learning law, practice and professionalism in the Academy, in Bankowski, Z., Maharg, P. del Mar, M., editors The Arts and the Legal Academy. Beyond Text in Legal Education, vol 1. Ashgate Publishing, Aldershot. Maharg, P. (2012). 'Associated life’: democratic professionalism and the moral imagination, in Bankowski, Z., del Mar, M., eds, The Moral Imagination and the Legal Life. Beyond Text in Legal Education, vol 2. Ashgate Publishing, Aldershot.
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