bluuebunny/crossref_metadata_2025 huggingface dataset:
Australian Clinical Legal Education: Designing and Operating a Best Practice Clinical Program in an Australian Law School by Adrian Evans, Anna Cody, Anna Copeland, Jeff Giddings, Peter Joy, Mary Anne Noone and Simon Rice
Authors: Cantatore Francina
Published: June 2021

Introduction:

The book provides a fresh look at Clinical Legal Education (CLE) in Australia in 2017, and examines the diverse factors which influence law clinics during a time when many disruptions are occurring in higher education. The authors argue that clinics make numerous contributions to Australian legal education, including fostering student awareness of concepts of justice and how the law and legal processes impact on people. They express the view that CLE can challenge a contemporary overemphasis on screen-based learning, particularly in cases where learning is purely technology-based without human interaction. They also argue persuasively that CLE is potentially the major disruptor of traditional law schools’ core functions, by challenging some of the accepted norms in traditional learning in law, such as a reliance on case law and teaching by way of a formal lecture. As the book is the result of research report prepared by the authors with funding from the National Office of Learning and Teaching, it is based on extensive and thorough research in the area of CLE in Australia. The book also considers the complex issues associated with enhancing law students’ public-interest professionalism in an Australian context, and offers practical guidance on how to construct and operate a ‘best practice’ CLE program for the benefit of various stakeholders, including regulators, law deans, associate deans, law teachers and students.
Heroism Science offers a New Framework for Cultivating Civic Virtue within Clinical Law Programs
Authors: Cantatore Francina , James Nickolas J
Published: June 2021

Law schools have an obligation to produce law graduates who are not only knowledgeable and competent but also committed to working towards the public good. Clinical law programs, and in particular pro bono law clinics, have the potential to provoke a positive personal transformation on the part of the law student, leading to the development of civic virtue, but law schools lack a useful framework for conceptualising, facilitating and evaluating this personal transformation. The emergent field of heroism science provides such a framework. In particular the notion of the ‘hero’s journey’ can be drawn upon to address some of the challenges in cultivating civic virtue within clinical law programs.
Exploring the role and value of Pre-Clinical Experiences in a Physiotherapy program in the development of employability skills: a qualitative case series
Authors: Edgar Susan , Connaughton Joanne
Published: June 2021

First and second year undergraduate Physiotherapy students from The University of Notre Dame Australia complete 55 hours of Pre-Clinical Experience (PCE) in the first two years of the program in the lead up to formal clinical placements. Anecdotal evidence from providers has identified the preparedness of students for their formal clinical placements as a result of PCE, however no research has been conducted to date on the outcomes of these experiences as viewed by students.

A case series of nine Physiotherapy students utilising focus group methods inclusive of Facebook feedback was employed to examine the experiences of Physiotherapy students and explore their thoughts on the role, outcomes and impact of PCE on their personal and professional development. Results demonstrated the value of early pre-clinical experiences in promoting ‘other’ personal skills including employability skills. Students valued the opportunity to liaise with professionals whilst also developing an appreciation of the relevance and context of prior learning undertaken at university, through the consolidation of foundational skills. This qualitative case series is a pilot study for a broader survey on the views of Physiotherapy students undertaking pre-clinical experiences during their program of study.
Enhancing Health Care Student Inter-Professional Learning Through a Pilot Simulation Ward Experience Using Mask-Edtm(KRS Simulation)
Authors: Lawlis Tanya R , Frost Jane S , Eckley Dionne , Isbel Stephen , Kellett Jane
Published: June 2021

Pre-clinical training is traditionally conducted in ‘siloed’ disciplines limiting inter-professional learning (IPL) opportunities. A pilot using Mask-EdTM technology was used to simulate an authentic IPL experience for health-care students and enhance the IPL experience of students in a preclinical simulation-training program. A multidisciplinary, simulated ward experience was conducted using Mask-EdTM. Students completed pre- and post-pilot Interprofessional Collaborative Competencies Attainment Surveys (ICCAS). A focus group was conducted to explore participant IPL experience and pre-clinical skill development. Statistically significant improvements were found in all six domains of the ICCAS (collaboration, roles and responsibilities, patient centred approach, conflict management and team functioning). Focus group analysis generated three themes: authenticity, mistakes are ok and learning. This pilot study suggests that Mask-Ed™ simulation is an effective method to teach IPL to health students.
A Critical Theory of Law
Authors: Frug Gerald E
Published: June 2021

Many law professors consider their primary job to be teaching legal doctrine and legal skills. Students, they think, must learn how to find applicable legal rules and how to make the kind of arguments lawyers use in court. Of course, as academics, these law teachers also feel that they should offer their students something more than legal doctrine; they need to provide students with some theoretical insight into the subjects they teach. But since the primary job of law professors is to teach law, not theory, they treat any theoretical dimension that law schools offer as necessarily limited. Some theoretical questions can properly be addressed in basic courses, and others can be addressed later in law school in optional courses such as jurisprudence or legal history. But these matters are “extras”, not the core of the curriculum It is obvious, they might say, that the primary focus of teaching law has to be law.
The Australasian Law Teaching Clinic: Its Past, Present and Future
Authors: Boer Ben
Published: June 2021

Discussing the techniques of teaching is not a common part of the experience of most law teachers. We are more often concerned with the content of what we teach than with the methods by which our students learn. Those times when we do explore our teaching tend to be irregular, unsystematic and somewhat haphazard. Discussions with colleagues in other disciplines also often seem pointless — the issues of teaching law are idiosyncratic. The Australasian Law Teaching Workshop is an attempt by a group of law teachers to change these circumstances; to explore the peculiar problems of teaching law and to do so in a systematic way, with others engaged in the same endeavour and in an environment of experimentation and cooperation. This note describes the programme which, although similar in many ways to those running in the United States and Canada, has developed its own regional variations.
Theory, Gender and Corporate Law
Authors: Hall Katherine
Published: June 2021

Explicitly teaching theory is vital to all areas of law. Theory, whether in the general sense of jurisprudential, philosophical or political theories or in the more specific sense of theoretical analysis of particular areas of law, is an integral part of law and learning. It is as vital to learning as air is to breathing. And we usually take them for granted in much the same way. The purpose of this paper is to emphasise the importance of explicitly teaching theory in corporate law. Traditionally, corporate law has been taught without much reflection upon theory. Perhaps this has been because of the growing scope and complexity of corporate law statutes, because of the technical nature of many corporate law concepts, or because the doctrinal, procedural and practical dimensions of the topic have been considered more important than the theoretical ones. Perhaps it has just been an issue of time and space within corporate law courses and of the significant demands already placed upon corporate law lecturers in teaching such a vast area of law. But whatever the reason, the fact remains that theorising about corporate law, either generally or specifically, has not only been a neglected area of legal scholarship but also a neglected area of teaching.
Evaluation of an Innovative Model for Teaching an LLB Program
Authors: Saenger Helen , Hayden Martin , Garkawe Sam , Jackson Jim
Published: June 2021

In 1993 the Faculty of Law and Criminal Justice at Southern Cross University developed an innovative “block or “intensive teaching” model for the delivery of the first and second years of its three-year graduate LLB program. This model represented a significant departure from the standard format for the teaching of LLB programs in Australia. In this article, we report an evaluation of the effectiveness of the model. The results of the evaluation shed light on its potential strengths and weaknesses and provide insights into what some Australian law students value in teaching and program design. Although the block model was largely discontinued in 1996 for pragmatic reasons, it was generally found to have been a successful innovation. The findings from the evaluation should, therefore, be of considerable interest to other law schools, particularly those actively exploring options to increase their flexibility in program delivery. There is an emerging trend for law schools to offer Masters courses over short intensive teaching periods, and to offer LLB units (mainly later-year ones) during summer semesters within time frames that are more intensive than in the normal semester. Staff administering these courses should find the evaluation results especially relevant, particularly as the students undertaking the block program at Southern Cross University were all graduate students whose reactions to an intensive teaching program are more likely to be comparable with those of LLM and later-year LLB students.
Bringing Diplomacy into the Classroom: Stimulating Student Engagement Through a Simulated Treaty Negotiation
Authors: Byrnes Rebecca , Lawrence Peter
Published: June 2021

This article carefully critiques existing educational literature in relation to simulations, identifying some methodological flaws in the relevant empirical studies, but also pointing to a strong correlation between simulations and student engagement in studies involving a range of methodologies. The article builds on this literature by reporting the findings of empirical research relating to a treaty simulation based on the Paris climate agreement. These findings support the value of treaty simulations in enhancing student engagement. The value of simulations as an effective method to assess both skills and conceptual knowledge is also analysed using a model based on Biggs’ ‘constructive alignment’ approach. The article provides a complete set of materials for running an international treaty negotiation simulation exercise which can be utilized in international law, international relations, international environmental law and negotiation subjects at university. This exercise places an emphasis on the teaching of negotiation skills and developing conceptual knowledge through stimulating student engagement. The simulation is designed to be time-effective, to mitigate any trade-offs with respect to the coverage of other course content. It is also largely free-standing and can be easily adapted to any subjects in which negotiation skills are relevant, including those suggested above.
Working the Nexus: Teaching Students to Think, Read and Problem-Solve Like a Lawyer
Authors: Galloway Kate , Heath Mary , Steel Alex , Hewitt Anne
Published: June 2021

Despite a clear case for thinking skills in legal education, the approach to teaching these skills often appears to be implied in law curricula rather than identified explicitly. Thinking skills could be taught as part of reading law and legal problem solving. However, learning the full suite of thinking skills requires active teaching strategies which go beyond exposing students to the text of the law, and training them in its application by solving problem scenarios. The challenge for law teachers is to articulate how to learn legal thinking skills, and to do so at each level of the degree. This article outlines how the nexus between three component skills: critical legal thinking, reading law, and legal problem solving, can be put to work to provide a cohesive and scaffolded approach to the teaching of legal thinking. Although the approach in this article arises from the Smart Casual project, producing discipline-specific professional development resources directed at sessional teachers in law, we suggest that its application is relevant to all law teachers.
“Warning! Graphic Content Ahead”: Advocating for Graphic Video in the Teaching of Animal Law
Authors: Timoshanko Aaron C
Published: June 2021

The educational benefits associated with the use of video in learning environments are well-known. For an animal law educator wanting to leverage these educational benefits, the use of video presents a dilemma. Much of the video relevant to animal law is confronting, distressing or difficult to watch, which may cause some students to experience a negative affective state. It is also largely unknown whether the educational benefits associated with non-graphic video continue to apply when the content is graphic in nature. This article aims to address this gap. It argues that student engagement, comprehension and knowledge acquisition, critical thinking skills, information retention and recall, and student interest can be improved with the use of graphic video. It also argues that educators have a role in shaping students’ values and opinions, and graphic video can help in this regard. To reduce the likelihood of students experiencing a negative affective state, five principles are presented which educators may employ when using graphic video. These five principles are then applied to a YouTube video depicting the surgical castration and tail docking of a piglet. By employing these principles, the risks associated with graphic video can be effectively managed while leveraging the educational benefits of video.
Critique in Legal Education: Another Journey
Authors: Ardill Allan
Published: June 2021

This article engages with a body of literature concerned with the demise of critique in Australian legal education. In particular it reflects on Thornton’s, Privatising the Public University: The Case of Law, a recent special issue of this Journal, ‘The Past, Present and Future of Critical Legal Education in Australia’ (2013) 23(2), and several articles by James on competing legal education discourses published between 2000 and 2013. This reflection narrates the story of the survival and consolidation of a deeply critical legal core course against the tide of corporatism, vocationalism and doctrinalism that have cemented their dominance in law schools since the 1990s as part of the neo-Liberal turn afflicting tertiary education. It concludes that the future of deep legal critique depends on a commitment to embed it across the LLB curriculum and to the extent students are persuaded to see it as relevant.
Promoting Learning in Law
Authors: Bond Carol , Brun Marlene Le
Published: June 2021

Today there is considerable interest in the enhancement of the quality of university teaching. In part this could be attributed to a change of focus in educational research during the last twenty years. The mid seventies and early eighties saw the development of a particular approach to the study of student learning that has significantly influenced teaching in higher education. The critical incident in this development was the work of Marton and his colleagues at the University of Gothenburg, Sweden, who argued for studies which focused on the students’ perspective and the ways in which they interpret their reality. Marton called the approach “phenomenonography”.3 Phenomenonography assumes that an understanding or conception of a phenomenon can be described in terms of a relation between an individual and that phenomenon. This method adopts a relatively open interview approach which generates qualitative descriptions of our understanding or conception of the phenomenon under study. The Swedish research indicates that our conceptions govern the way in which we think and act in a particular context. For example, how university students think about or conceptualise learning influences the ways in which they approach their study. The research distinguished between surface and deep approaches that students adopted to a learning task. Thus the relatively recent change in focus in educational research is reflected in a growing emphasis on student learning outcomes rather than classroom teaching — what students learn rather than how we teach.
Mooting in an Undergraduate Tax Program
Authors: Bentley Duncan
Published: June 2021

The non-law schools have long recognised the importance of the legal element in their programs and some of the most reputable commercial legal scholars are found in the law discipline within those schools. There is also an increasing number of non-law students in commercial law subjects within law schools. One of the main subjects attracting students from a variety of disciplines is taxation. For various reasons, but probably at least in part because of its association with traditional law school subjects for lawyers, mooting is seldom used in the teaching of taxation. This paper examines whether mooting can be used usefully in an undergraduate taxation law program that includes, or is made up of, non-law students.

The first part of the paper reviews the skills that have been identified as being important to tax professionals, whether lawyers or non-lawyers. It looks at the development of those skills in the context of a mooting program and concludes that mooting is a valid method for developing many of the skills required of a tax professional, in whatever discipline the instruction takes place. The second part of the paper provides a detailed model of how a moot can be used as part of an undergraduate tax course in the light of the underlying theory. The paper concludes with a review of possible resource implications of implementing a mooting program and consideration of two particular problems that need to be dealt with.
Foreword
Authors: Galloway Kate
Published: June 2021

This article poses an unjust case problem and proceeds to demonstrate how case problems often do not give students a chance to question unjust, immoral or outdated laws. By asking students to merely spot and apply the law, the typical case problem silences a student’s dissenting views and prevents students from questioning the impact of the law they learn on their society. Instead, students are trained to perceive the law as a static science built on the internal logic of precedent without any extrinsic justification.
Improving Criteria and Feedback in Student Assessment in Law
Authors: Johnstone Richard , Patterson Jenny , Rubenstein Kim
Published: June 2021

Spurred on by both the 1987 Pearce Report and the general changes to higher education spawned by the “Dawkins revolution” from 1988, there has been much critical self-evaluation leading to profound improvements to the quality of teaching in Australian law schools. Despite the changes there are still areas of general law teaching practice which have lagged behind recent developments in our understanding of what constitutes high quality teaching. One such area is assessment criteria and feedback.

The project Improving Feedback in Student Assessment in Law is an attempt to remedy this. It aims to produce a manual containing key principles for the design of assessment and the provision of feedback, with practical yet flexible ideas and illustrations which law teachers may adopt or modify. Most of the examples have been developed by teachers at the University of Melbourne Law School. The project was supported in 1996 by a Committee for the Advancement of University Teaching grant and the manual will be published late in 1997. This note summarises the core principles which are elaborated further in the manual.
Lecturing (and not Lecturing) Using the Web: Developing a Teaching Strategy for Web-based Lectures (Flexible Delivery in a First Year Law Subject, Part I)
Authors: McNamara Lawrence
Published: June 2021

The development of Australian law teaching in recent years has been characterised by critical and reflective approaches to educational theory and practice. These developments have transformed teaching through a critical consideration of what happens in law school classrooms. As institutional moves towards flexible delivery alter the landscape of higher education, the classroom-based focus of law teaching is under challenge; it has become increasingly necessary for law teachers to explore nontraditional modes of course delivery, including teaching using the Internet.
Role Playing in Consumer Protection Law: The Market Day Project
Authors: Hardy Samantha
Published: June 2021

[Extract] Following the March 2004 annual meeting of the National People’s Congress in China, the country’s Parliament formally approved 13 constitutional amendments, including some that addressed the issues of private property ownership and human rights.1 These amendments contain radical changes to the underlying legal framework that regulates life in China. The notion of private property ownership, whilst familiar to most developed and, indeed, many developing countries, represents a significant departure from the system of law that emerged as a result of the rise to power of the Communist Party in the 1940s. Despite ongoing debate about the nature of human rights and arguments of cultural relativism, the ongoing incorporation of basic international human rights standards into the domestic law of countries throughout the world highlights the increasingly “global” nature of many important issues.
Australian Law Students’ Values: How They Impact on Ethical Behaviour
Authors: Palermo Josephine , Evans Adrian
Published: June 2021

This paper proposes a solution for law schools seeking to enhance access to justice in their communities, but with inadequate resources to divert towards fully-fledged clinical legal education (CLE) programs. The solution, it is suggested, is a student lead initiative based on a Canadian model entitled Pro Bono Students Canada (PBSC). Australia boasts a number of excellent educational programs which incorporate a pro bono ethic; however, these are extremely resource intensive and often beyond the reach of law schools grappling with reduced government funding and other budgetary challenges. Confronted with similar resource constraints, Canada has not only recognised the benefits of involving students in access to justice initiatives, but has also taken steps to strategically align them with national pro bono objectives. It is argued that the creation of a Pro Bono Students Australia – a highly visible and formulated pro bono program - would allow both lawyers and law students alike to put the ideals of justice, equity and accessibility into practice.
Why Teach Alternative Dispute Resolution to Law Students? Part One: Past and Current Practices and Some Unanswered Questions
Authors: Gutman Judy , Fisher Tom , Martens Erika
Published: June 2021

The revolution in media and global communications in the last few decades has transformed the very basic foundations of knowledge and education. The pedagogical literature has been advocating for the development of media literacy across the curriculum. However, in Canada the Law School classroom, with its teaching philosophy built during an exclusively print-centred era, has not yet opened its doors to audiovisual teaching methodologies or to media literacy. The article describes some student-centred activities that are informed by visual pedagogy. Approaching the teaching of criminal law from the visual pedagogy perspective helps students develop media literacy, which enables a level of interactivity and critical thinking not achieved with traditional teaching methods.
Teaching About the Nexus Between Law and Society: From Pedagogy to Andragogy
Authors: Easteal Patricia
Published: June 2021

The purpose of this paper is to make an informed contribution to the discussion about appropriate responses to the critical issue of student workload in legal education. This paper will argue that the most appropriate response is to modify aspects of curriculum design. This option can reduce student perceptions of heavy workload without compromising educational outcomes. The paper considers the findings of a project to rigorously explore the issue of student workload and to develop an appropriate response for a postgraduate online practical legal education program. The authors submit that many of the recommendations from the project are potentially transferable to other teaching contexts.
Mentoring First-Year Distance Education Students in Taxation Studies
Authors: Martin Fiona , Collier Kate , Carlon Shirley
Published: June 2021

This article introduces and reviews the experience of video-conference teaching in a comparative Indigenous law course taught by a team of legal colleagues. This teaching team delivers an internationally comparative Indigenous rights course to law students in Canada, the United States, Aotearoa/New Zealand and Australia simultaneously via fully interactive live video-conferencing technology. The international universities currently involved include: University of Ottawa, University of Saskatchewan, University of Oklahoma, University of Auckland, Monash University and the University of Queensland. Situated in six sites in different parts of the globe and in various time zones, this team teaches together to discover just how much their countries have in common in relation to Indigenous issues. Not only does the course explore similarities and differences in the experiences of the four jurisdictions but it also challenges both students and teachers to understand why those differences have occurred. The article focuses on two significant aspects of this course: first, the dynamics and logistics of teaching and delivering a course through video-conferencing to a number of global sites; and secondly, an analysis of the benefits and advantages of an internationally comparative Indigenous law course. It aims to enable other law teachers to consider the suitability of video-conferencing for international and comparative areas of legal study and for others to learn from the experiences of this team in relation to the benefits and difficulties involved in this teaching mode.
Foreward
Authors: Sanson Michelle
Published: June 2021

Despite a burgeoning of law schools in Australia in the last 15 years, there has been very little exploration of the expectations and aspirations of students commencing a law degree in Australia. By contrast, a number of studies on features of professional life for practising lawyers are emerging. In particular, recent studies have shown high levels of stress, anxiety and depression among practising lawyers. In addition, there is evidence of high levels of attrition of women from private legal practice in the first few years following admission and a significant under-representation of women in the senior levels of the profession. Universities and their law schools have not traditionally focused on preparing students for the realities of the legal workplace, concentrating instead on technical legal knowledge and practical legal skills. We recently set out to ask commencing (that is, newly enrolled) students in their first few weeks of study what they thought legal practice would be like, and what sort of career and lifestyle they would have. In this paper, we set out the context for the 2009 study into first-year students’ career expectations and analyse some of the key findings.
Law Students’ Motivations, Expectations and Levels of Psychological Distress: Evidence of Connections
Authors: Larcombe Wendy , Malkin Ian , Nicholson Pip
Published: June 2021

Legal education should develop in every law student an appreciation of practitioners’ ethical obligations and an understanding of the law’s social and political context. Realising these objectives – creating ‘critical awareness’ – depends on communicating two key propositions: that the law is an instrument of power in a highly legalised society; and that the law is normative and dynamic. Whether these propositions are elucidated or obscured is critically dependent on how legal doctrine is presented. This article will use extracts from course materials to show how the language used can limit students’ development of critical awareness. This article proposes an alternative approach to the presentation of legal doctrine that will promote students’ critical awareness. This approach makes explicit the relationship of the law and lawyers to power, and the social and political context in which law operates.
Incorporating Indigenous Cultural Competency Through the Broader Law Curriculum
Authors: Wood Asmi J
Published: June 2021

Legal practice often requires interpretation of complex legislative provisions or simplification of indecipherable or incoherent precedents burdened with legalese. The fundamental aim of law school teachers is to equip students for the demands of legal practice and the Threshold Learning Outcomes for Law (specifically TLO 5) reflect the importance of developing the written communication skills of all law school graduates. A good legal education must equip students with the skills to meet the considerable challenges they will face as practising lawyers, and well-developed legal drafting skills are essential for effective legal practice. Using a consumer lending transaction as an example, this article will identify the difficulties associated with achieving the balance in legal drafting between protecting a client’s legal interests and clearly and concisely conveying the appropriate message to the intended audience. Drawing from this example, which highlights the complexity of standard commercial transactions, this article will demonstrate that utilising both scaffolded and experiential learning approaches to teach legal skills is an effective way for students to develop legal drafting skills.
Employer Perspectives on Essential Knowledge, Skills and Attributes for Law Graduates to Work in a Global Context
Authors: Bentley Duncan , Squelch Joan
Published: June 2021

Some law schools are responding to globalisation by ‘internationalising’ course content. This article evaluates such a response first by reconsidering why internationalisation is even valuable. It then presents ways in which law curriculum content can be internationalised. Both aims have been achieved in some depth because of the four-part mixed method used. Existing theoretical accounts of why and how to internationalise were enriched with case studies from two Australasian universities. Interviews with academics give the educators’ perspectives on internationalisation, course document analysis provides tangible examples of internationalisation in action, and a student survey makes available for comparison student perceptions of internationalisation. While this article focuses on tort law, its findings are properly seen as applying more generally across law. It finds internationalising curriculum content is valuable in economic, political, educational and academic ways. It also finds Faculties could make simple changes to better enjoy the benefits of internationalisation. The fusion of theoretical with academics’ and students’ actual perceptions into a single article provides a strong vantage point from which to restate the case for internationalisation.
Identifying Teaching and Learning Opportunities within Professional Relationships between Clinic Supervisors
Authors: Sage-Jacobson Susannah , Leiman Tania
Published: June 2021

There is growing attention in the educational literature on the role of postgraduate student research groups in Higher Degree Research (HDR) student learning and experience. Yet, there is little research specifically on law HDR students, including research on the factors key in successful development and sustainability of HDR groups in law. This article focuses on the institutional and disciplinary framing of postgraduate research student groups. It considers how academic involvement in these groups might be both limiting and productive and asks how the contours of legal scholarly inquiry might impact on students’ engagement in an interdisciplinary HDR group and on its sustainability. Given an absence of literature and empirical research specifically within the legal discipline, the article draws on empirical data from surveys and interviews we conducted to identify factors promoting postgraduate student group sustainability. HDR students surveyed indicated a strong desire for academic involvement. This may reflect a desire for longevity and stability in groups, but also a need for continuation or reiteration of the traditional “master-apprentice” type relationship between student and academic that has traditionally characterised HDR pedagogy. Alternatively this may signal a perceived need by HDR students to establish pathways for professional engagement with academics as a vehicle for transition and socialisation into the scholarly community. Although impermanence is a particular challenge given the transient nature of student populations and the sometimes onerous administrative burden placed on coordinators of groups, the development of academic independence in students is also vital to achieving sustainability. Further in light of the legal discipline’s particular tendencies towards isolationism and reductionism we consider whether successful strategies for longevity utilised by interdisciplinary groups, primarily from the humanities, might be successfully applied to a group based within the law faculty.
Undergraduate Grade-point Average as a Selection Criterion for a Postgraduate Entry-level Physiotherapy Program
Authors: Terry Rebecca , Hing Wayne , Orr Robin Marc , Milne Nikki
Published: June 2021

Aim: Undergraduate GPA (UGPA) is commonly used to select students into postgraduate physiotherapy programs. The aim of this study was to explore the relationships between UGPA and the academic and clinical performance of postgraduate entry-level physiotherapy students.

Method: A retrospective cohort study of students from four cohorts (2010-2013) of a postgraduate entry-level physiotherapy program. UGPA, average pre-clinical coursework marks and clinical performance scores were investigated. Clinical performance was measured by the Assessment of Physiotherapy Practice. Normality tests, descriptive analysis and correlations between variables were calculated. Participants were then grouped according to UGPA and a one-way ANOVA was performed to determine differences in clinical or coursework performance between groups.

Results: Data from 121 students were analysed. There were no significant relationships identified between UGPA and pre-clinical coursework or clinical performance scores. There were no significant differences in academic or clinical performance between groups when students were classified by UGPA.

Conclusion: These findings indicate a need to reconsider the use of UGPA as a sole selection criterion and supports the inclusion of other criteria to select students into competitive programs. Minimum UGPA entry requirements for postgraduate physiotherapy programs should be reviewed to ensure all suitable applicants are eligible for admission.
Indigenous Contexts in the Law Curriculum: Process and Structure
Authors: Galloway Kate
Published: June 2021

The rationale for reorienting the Australian law curriculum to incorporate and reflect Indigenous Australian knowledges, experiences, and perspectives, is well-rehearsed. Yet despite the need to enhance law graduate skills and knowledge in Aboriginal and Torres Strait Islander cross-cultural encounters, many law teachers remain reluctant to integrate what I call here ‘Indigenous contexts’ into law teaching. Adopting the standpoint of teacher-as-researcher, this article reflects on more than a decade of educational practice seeking to understand, theorise, implement, and improve law teaching that appropriately integrates Indigenous contexts into the law curriculum. Informed by an action research methodology, this paper analyses curriculum design practice, through a ‘self-reflective spiral’ following a deliberate, long-term, learning process. The article first outlines the methodological basis for practitioner action research that informs this paper. Part III then reports on an approach to curriculum arising from the author’s own experience in subject and program-level design strategies, developed deliberately to ‘embed’ Indigenous contexts in the law curriculum. Part IV reflects on the capacity of this curriculum framework to deliver change—both in terms of personal practice, notably from the perspective of a non-Indigenous law teacher, and at the program level. It concludes by identifying a widespread need for adaptive change by law teachers to complement the technical aspects of curriculum design: namely instructor knowledge, and personal commitment to implement curriculum goals.
Competitive Mooting: An Opportunity to Build Resilience Skills for Legal Practice
Authors: Parsons Louise
Published: June 2021

Competitive mooting is highly suitable for teaching law students to be prepared for legal practice. In particular, competitive mooting as experiential learning in a mock dispute resolution setting provides a unique pedagogical tool that is ideally suited to the development of resilience in law students. Developing resilience in law students is therefore important for their future career practice. Although competitive mooting can spontaneous develop resilience, this article draws on Positive Psychology and proposes some strategies and practices that moot coaches can use to assist competitive moot teams to develop resilience and learn resilience skills with a view to legal practice. It includes a ‘nutshell version’ of some practical tips for moot coaches such as the focus on a growth mind-set, the importance of focussing on strengths and positivity, effective feedback, the ABCD formula and reflective practice.
Book Review: Reimagining Clinical Legal Education
Authors: Cantatore Francina
Published: June 2021

This edited collection of contributions by academics, lawyers, and industry stake-holders addresses recent developments in Clinical Legal Education (CLE) in England and Wales and concludes with a final chapter by Australian CLE expert, Professor Jeff Giddings.
Mediadores e literatura para crianças
Authors: Arena Dagoberto Buim
Published: June 2021

No campo da literatura para crianças, o lugar ocupado pelos adultos é considerado como o do mediador. O objetivo deste ensaio é reafirmar que esse lugar pertence aos signos e, para isso, recupera o conceito de signo ideológico em Volochinov (1895-1936), a formação do psiquismo e a função mediadora dos signos em Vigotski (1896-1934) e o conceito precursor de mediadores em Sorokin (1889-1968). A tese a ser defendida considera os homens como seres humanos em relação mediada por signos organizados em gêneros, que compõem o campo da literatura para crianças. A conclusão aponta que as atitudes humanas, ao lidar com a literatura, podem vir a ser signos e que somente neste aspecto é que o homem pode fazer parte de um conjunto sígnico mediador.
Brief notes about the development of rights of traditional people under the jurisprudence of the Inter-American Court of Human Rights
Authors: Ricci de Amorim André , Gabriel Teixeira Silvia
Published: June 2021

The main objective of this paperwork is to demonstrate how the safeguarding of human rights in relation to minority groups, especially traditional peoples, is developed in the context of the Inter-American System for the protection of Human Rights. In this sense, it is highlighted the theme of decoloniality in order to reveal the importance of pursuing the development of human rights in an intercultural manner that meets the real desires of traditional populations. Therefore, the specific objective is to analyze how the search for the protection of these people's rights has been based on the jurisprudence of the Inter-American Court of Human Rights. For this, the present work uses the methodology of approaching legal dialectics, accompanied by doctrinal bibliographic research, as well as international legal instruments that allow a better perception on the reality of the evolution of international law in the protection of the rights of traditional peoples.
A Revisão das Cláusulas Obrigacionais em Tempos de Pandemia Covid 19 em Razão das Medidas Restritivas Impostas pelo Estado
Authors: Pilau Newton Cesar , Elias Vieira Patrícia
Published: June 2021

O objeto deste estudo consiste em investigar a revisão das cláusulas obrigacionais em tempos de Pandemia Covid 19 em razão das medidas restritivas impostas pelo governo federal, estadual e municipal. Neste contexto, indaga-se: a intervenção do Estado impondo medidas restritivas em tempos de pandemia COVID 19 viabiliza a revisão das cláusulas obrigacionais? A hipótese proposta é que: as cláusulas obrigacionais não devem ser modificadas com base no princípio da intervenção mínima e excepcionalidade da revisão contratual; exceto em situações imprevisíveis e/ou extraordinárias, a exemplo dos negócios formalizados antes do início da pandemia COVID 19 e que tem sua execução continuada periodicamente no curso da pandemia. Para análise desta hipótese, divide-se o relatório do estudo em três momentos: o mundo VUCA, suas características e o Direito 4.0; a pandemia COVID 19 e seus reflexos econômicos frente as medidas restritivas impostas pelo Estado; e a revisão das cláusulas contratuais.
MAZMUNDAN İMGEYE CENAP ŞAHABETTİN ŞİİRİNİN SERÜVENİ
Authors: ÖZDEMİR Hüseyin
Published: June 2021

Servet-i Fünûn Edebiyatı’nın önde gelen isimlerinden biri olan Cenap Şahabettin dış dünyaya ait gerçekliği kelimelere yeni ve çağrışımsal anlamlar yükleyerek kendi bakış açısı ile yeniden anlamlandırır. Oluşturduğu imgelerle şair kendisine bir şiir dili oluşturur.

Bu çalışmamızda Cenap Şahabettin’in, şiirlerinden hareketle duygu ve düşüncelerini ifade etmede bir araç olarak kullandığı mazmun ve imgeleri tespit etmeye çalıştık. İlk olarak mazmun imge kavramlarını açıklamaya çalıştık. Bu tanımlamalar ışığında Cenap Şahabettin’in şiirlerinde mazmun ve imgelerin kullanım örneklerini ve kullanıldığı şiir dönemlerini inceledik.

Cenap Şahabettin’de kelimelerin kullanım şekillerini ve kelimelere yüklediği ikincil anlamları tespit etmeye çalıştık.
Maintaining Career Momentum: Women-Centered Strategies for Social Sciences Career Success in the Context of COVID-19
Authors: Cronley Courtney , Ravi Kirsten E.
Published: June 2021

The COVID-19 pandemic poses unforeseen risks to women’s academic career advancement. Women faculty are more likely to be grappling with new challenges related to caregiving and work-life balance, compared to their male colleagues, and may be facing more research obstacles due to the disruption of human-subjects data collection. In the following essay, we, two tenure-stream social scientists, describe four strategies that we have relied on to maintain career momentum: staying passionate, engaging in active mentorship, making virtual connections, and launching research in COVID. We conclude with recommendations for institutions of higher education to formalize specific policies to support gender and intersectional equity in career advancement. These include more formalized mentor programs, professional development for and access to technology resources for the purposes of research, institutional training and support in leading research teams, seed grants for racial and gender disparities research, and pro-family policies that provide financial supports and job security in the context of caregiving.
Orphaned Landscapes: Violence, Visuality, and Appearance in Indonesia
Authors: Spyer Patricia
Published: June 2021

Less than a year after the end of authoritarian rule in 1998, huge images of Jesus Christ and other Christian scenes proliferated on walls and billboards around a provincial town in eastern Indonesia where conflict had arisen between Muslims and Christians. A manifestation of the extreme perception that emerged amid uncertainty and the challenge to seeing brought on by urban warfare, the street paintings erected by Protestant motorbike-taxi drivers signaled a radical departure from the aniconic tradition of the old colonial church, a desire to be seen and recognized by political authorities from Jakarta to the UN and European Union, an aim to reinstate the Christian look of a city in the face of the country’s widespread islamicization, and an opening to a more intimate relationship to the divine through the bringing-into-vision of the Christian god. Stridently assertive, these affectively charged mediations of religion, masculinity, Christian privilege and subjectivity are among the myriad ephemera of war, from rumors, graffiti, incendiary pamphlets, and Video CDs, to Peace Provocateur text-messages and children’s reconciliation drawings. Orphaned Landscapes theorizes the production of monumental street art and other visual media as part of a wider work on appearance in which ordinary people, wittingly or unwittingly, refigure the aesthetic forms and sensory environment of their urban surroundings. The book offers a rich, nuanced account of a place in crisis, while also showing how the work on appearance, far from epiphenomenal, is inherent to sociopolitical change. Whether considering the emergence and disappearance of street art or the atmospherics and fog of war, Spyer demonstrates the importance of an attunement to elusive, ephemeral phenomena for their palpable and varying effects in the world. Orphaned Landscapes: Violence, Visuality, and Appearance in Indonesia is available from the publisher on an open-access basis.
Cross-Sectional Study to Estimate Dependence among Tobacco Smokers Attending a Tertiary Care Government Hospital in Bhavnagar, Western India
Authors: Trivedi Bansi Jabakbhai , Trivedi Atul vishnubhai , Rupani Mihir Prafulbhai
Published: June 2021

Background: India is one of the countries where addiction to tobacco smoking is rampant. The consumption of tobacco products is quite high in the Bhavnagar region in the western part of India. Methods: We conducted a cross-sectional hospital-based study among 112 current tobacco smokers aged ≥18 years in April-May 2019 at Sir Takhtsinhji hospital in Bhavnagar. Fourteen smokers from each ward of the hospital were enrolled from eight randomly selected wards. Dependence was assessed using the Fagerstrom Test for Nicotine Dependence, with a score of ≥5 labelled as high dependence. Results: Among the 112 current smokers, 79% (95% confidence interval 70%-85%) were dependent on tobacco smoking. One-fourth of the smokers belonged to the age group of 51-60 years.“Mawa” (a mixture of tobacco, betel nut and lime) was the most commonly consumed smokeless form of tobacco among the smokers. Mean expenditure on tobacco smoking was Indian Rupees 460. Those who had stress had 7 times higher odds (95% CI 3-23) of being dependent on tobacco smoking than their counterparts. Conclusion: We conclude from the study that patients attending our hospital are highly dependent on tobacco smoking. Tobacco cessation activities in the form of provider-initiated counselling and treatment is warranted. Further research should focus on evaluating the implementation modalities and effectiveness of such provider-initiated activities.