The wrong story: regulation, innovation and research in the future of legal education Professor Paul Maharg Australian National University College of Law http://paulmaharg.com/slides/
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The wrong story:regulation, innovation and research in the future of legal education - Paul Maharg
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1. The wrong story: regulation, innovation and research in the
future of legal educationProfessor Paul Maharg Australian National
University College of Lawhttp://paulmaharg.com/slides/
2. preview 1. Avoid technification Regulation easily erodes
into technification of regulation: we need to resist that.2. Renew
learning spaces Adopt fresh approaches that can improve regulation
and the quality of legal education - focus on experiential
learning.3. Re-design relations Shape the future with regulators,
redesign relations between academy & profession, recast
curriculum design, learn & implement from other disciplines,
professions, jurisdictions.4. Map and improve legal educational
research Many gaps; almost no organized research programmes;
insufficient historical understanding of sub-disciplines and
practices; little shared understanding across the field. 2
3. 3Thanks to Doug Belshaw
4. 2. Renew learning spaces Adopt fresh approaches that can
improve regulation and the quality of legal education focus on
experiential learning.4
5. 2renew learning spacesLegal Education & Training Review
(LETR)5
6. 2renew learning spacesremitAddress the following issues: 1.
2. 3. 4. 5. 6. 7.What are the skills/knowledge/experience currently
required by the legal services sector? What
skills/knowledge/experience will be required by the legal services
sector in 2020? What kind of legal education and training (LET)
system(s) will deliver the regulatory objectives of the Legal
Services Act 2007? What kind of LET system(s) will promote
flexibility, social mobility and diversity? What will be required
to ensure the responsiveness of the LET system to emerging needs?
What scope is there to move towards sector-wide
outcomes/activitybased regulation? What need is there (if any) for
extension of regulation to currently non-regulated groups? 6
7. 2 1. 2. 3. 4. 5. 6. 7.renew learning spacesremitWhat are the
skills/knowledge/experience currently required by the legal
services sector? What skills/knowledge/experience will be required
by the legal services sector in 2020? What kind of legal education
and training (LET) system(s) will deliver the regulatory objectives
of the Legal Services Act 2007? What kind of LET system(s) will
promote flexibility, social mobility and diversity? What will be
required to ensure the responsiveness of the LET system to emerging
needs? What scope is there to move towards sector-wide
outcomes/activitybased regulation? What need is there (if any) for
extension of regulation to currently non-regulated groups? See esp
Lit Rev, chapter 3, Legal education and conduct of business
requirements,
http://letr.org.uk/wp-content/uploads/LR-chapter-3.pdf 7
8. 2renew learning spaceseg technology / curriculum innovations
required1. Information management Better, more powerful and social
platforms, enabling visualisation & sharing of legal data.2.
Managing voice, register and genre on digital platforms Focus on a
post-digital Ciceronian rhetoric3. Make legal research and
problem-based learning &experiential learning meaningful eg by
use of sims, clinic, PBL, breaching the fourth wall of the law
school, and many more4. Socialising processes in relational spaces
Create a zone, where students can discuss and reflect on their
work, try out identities that are at once professional &
personal, make mistakes or learn from others mistakes, and learn
how to communicate consistently & accurately with colleagues,
in any register. 8
11. 11Transactional learning, example 2Transactional learning @
ANU
12. 3. Re-design relations Shape the future with regulators,
redesign relations between academy & profession, recast
curriculum design, learn & implement from other disciplines,
professions, jurisdictions.12
13. 3redesign relationsconceptual change in law school
identityWisdom is not the only virtue that is having a poor time of
it in the modern university. Patience, humility, generosity,
perseverance, thoroughness, carefulness, quietness: these might
once have been felt to be signs of a strength of character. No
longer. In an age of self-promotion, selfpresentation, visibility,
efficiency, work-rate, personal performance indicators and sheer
competitiveness, character traits such as these come to be seen as
signs of personal weakness. Barnett, 1994, 151213
14. 3redesign relationsconceptual change in law school
identityNow is your time to begin Practices and lay the Foundation
of habits that may be of use to you in every Condition and in every
Profession at least that is founded on a literary or a Liberal
Education. Sapere and Fari quae sentiat are the great Objects of
Literary Education and of Study. ... mere knowledge however
important is far from being the only or most important attainment
of study. The habits of Justice, Candour, Benevolence, and a
Courageous Spirit are the first objects of Philosophy, the
constituents of happiness and of personal honour, and the first
Qualifications for human Society and for Active Life. Adam
Ferguson, Lectures, 1775-6, MSS, University of Edinburgh14
15. 3redesign relationsregulatory relationshipsColin Scotts
approach: a more fruitful approach would be to seek to understand
where the capacities lie within the existing regimes, and perhaps
to strengthen those which appear to pull in the right direction and
seek to inhibit those that pull in the wrong way meta-review: all
social and economic spheres in which governments or others might
have an interest in controlling already have within mechanisms of
steering whether through hierarchy, competition, community, design
or some combination thereof (2008, 27).15
16. NormsFeedbackBehavioural
modificationExampleHierarchicalLegal RulesMonitoring Powers/Dutie
sLegal SanctionsClassic Contractual Agency Model Rule-making &
EnforcementCompetitionPrice / Quality RatioOutcomes of
CompetitionStriving to Perform BetterMarketsCommunitySocial
NormsSocial ObservationSocial Villages, Sanctions, eg Clubs
OstracizationProfessional OrderingDesignFixed with ArchitectureLack
of ResponsePhysical InhibitionSoftware CodeParking
BollardsVariantPromotion SystemsModalities of control (Murray &
Scott 2002)16
17. 3redesign relationsregulatory alternatives?Shared spaces
concept in traffic zones: Redistributes risk among road users
Treats road users as responsible, imaginative, human Holds that
environment is a stronger influence on behaviour than formal rules
& legislation. All those signs are saying to cars, this is your
space, and we have organized your behaviour so that as long as you
behave this way, nothing can happen to you. That is the wrong
story. Hans Monderman,
http://www.pps.org/reference/hans-monderman/Drachten, Laweiplein,
Netherlands Thanx to Fietsberaad ,http://bit.ly/1dOwpRA 17
18. 3redesign relationsparticipative regulationPortrait of the
regulator as democratic designer: Not QA but QE Quality Enhancer,
to focus on culture shifts towards innovation, imagination, change
for a democratic society A hub of creativity, shared research,
shared practices & guardian of debate around that hub
Initiating cycles of funding, research, feedback, feedforward
Archive of ed tech memory in the discipline Founder of
interdisciplinary, inter-professional trading zones, for
cross-disciplinary learning 18
19. 3redesign relationsLETR recommendationRecommendation 25A
body, the Legal Education Council, should be established to provide
a forum for the coordination of the continuing review of LSET and
to advise the approved regulators on LSET regulation and effective
practice. The Council should also oversee a collaborative hub of
legal information resources and activities able to perform the
following functions: Data archive (including diversity monitoring
and evaluation of diversity initiatives); Advice shop (careers
information); Legal Education Laboratory (supporting collaborative
research and development); Clearing house (advertising work
experience; advising on transfer regulations and reviewing disputed
transfer decisions).19
20. 4. Map and improve legal educational research Many gaps;
almost no organized research programmes; insufficient historical
understanding of sub-disciplines and practices; little shared
understanding across the field. 20
21. 4improve researchfuture research needs?1. Map the field
& create taxonomiesfor research data2. Organise systematic
datacollection on law school stats across entry/exit points, across
jurisdictions (eg using Big Data Project methods) 21
22. 4improve researchfuture research needs?3. Focus on
learning,not NSS league tables see US LSSSE4. Provide meta-reviews
and systematic summaries of research, where appropriate 22
23. 4improve researchhow might HEA contribute to this?1.
Targeted funding for research initiatives, eg CochraneCollaboration
type of initiative 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.23
24. references Barnett, R. (1994). The Limits of Competence.
Knowledge, Higher Education and Society, Buckingham: Open
University Press. Hamilton-Baillie, B. (2008). Shared space:
reconciling people, places and traffic. Build Environment, 34, 2,
161-81. Legal Education & Training Review Report (2013).
Available at: http://letr.org.uk Monderman, H. (n.d.)
http://www.pps.org/reference/hans-monderman/ Murray, A., Scott, C.
(2002). Controlling the new media: hybrid responses to new forms of
power. Modern Law Review, 65, 4, 491-516. Scott, C. (2008)
Regulating Everything. UCD Geary Institute Discussion Paper Series,
Inaugural Lecture, 26 February.24