Anne Hewitt

Producing Skilled Legal Graduates: Avoiding the Madness in a Situational Learning Methodology

Many pedagogical and practical advantages of engaging students in experiential situational learning such as simulated practice involving teamwork are discussed in educational literature and are confirmed anecdotally by educators. However, many academics who implement situational learning methodologies encounter difficulties, particularly in relation to managing students who are working together, group assessment, and the assessment of skills rather than substantive knowledge acquisition. This article considers some of the common problems encountered with situational learning as discussed in the literature and as identified through research conducted in courses using this methodology. This discussion is then used to suggest tools and concepts in preparation which can be used to avoid or manage some of the common problems with situational learning, and ensure that legal simulations operate as successfully as possible from both student and teacher perspectives.

Can a Law School Help Develop Skilled Legal Professionals? Situational Learning to the Rescue!

While the importance of equipping graduates with professional skills is often recognized, both academics and students acknowledge that the process of teaching and learning skills at law school can be difficult. In this article the authors will reaffirm the continuing importance of skills teaching in Australian law schools and argue these difficulties are not insurmountable. We briefly explore our own experiences in teaching professional skills in a tertiary context, using a situational learning methodology (where students put themselves in the position of practicing lawyers), and discuss some of the lessons we have learned in the process of adapting and refining our approach to this perennially challenging issue.

Can and Should Burqas Be Banned? - The Legality and Desirability of Bans of the Full Veil in Europe and Australia

The last two decades have seen growing debate in many countries about the appropriateness of displaying religious symbols in the public sphere. Much discussion has focused on the wearing of religiously inspired dress and in particular Islamic dress. The latest chapter in this saga are attempts to ban in public the burqa and niqab, clothing worn by some Muslim women which covers the face.The primary focus of this article is not on the merits, or otherwise, of these arguments. Instead it examines whether legislative bans in a number of jurisdictions would be able to withstand challenges in court. First, we consider the developments in Europe, with particular emphasis on France and Belgium where the most concrete steps towards banning the burqa and niqab have been taken and examine whether enacted or proposed legislation will withstand scrutiny under the European Convention on Human Rights (‘ECHR’). We discuss in the second part whether similar bans could be validly enacted in Australia and show that the only legal protection in this jurisdiction is domestic anti-discrimination law.

Can you learn to lawyer online? A blended learning environment case study

Law students’ future clients and employers, and the broader community, all deserve graduates to be equipped with not only substantive legal knowledge, but also a range of skills and practical knowledge. However, most law schools face resource pressures that mean that traditional skills development methodologies (which are often resource intensive) can only be used judiciously. In this resource-poor environment, skills development methodologies which incorporate new technologies can be one way to assist law students to develop the professional skills they require. Online learning tools have the potential to be resource friendly, and law schools may therefore be able to utilise them to ensure that maximum learning potential is achieved from the limited resources available. Considering an online or blended skills development framework is also supported by evidence that new technology learning tools can usefully contribute to skills development. In this article the potential for online learning to replicate aspects of an apprenticeship model of learning is explored, as a means of explaining this contribution. This analysis is intended to facilitate consideration of a broad panoply of learning tools for skills development, and inform educators considering adding a new technology component to student skills development.

Give Me a Fish or Teach Me to Fish? Developing Law Students’ Capacity for Lifelong Learning

In addition to death and taxes, change and growth in bodies of knowledge are the new certainties in life. It is therefore imperative that law graduates are able to continually update and expand their knowledge. However, while the terminology of ‘lifelong learning’ has been adopted by law schools around Australia, there is less evidence of concrete action to develop among students the skills they will need to be lifelong learners. This article begins to de-mystify the concept of ‘lifelong learning’ for legal academics and provides concrete examples of how students’ capacity to engage in self-directed learning and to organize their knowledge throughout their professional careers can be developed in law school.

Can a Theoretical Consideration of Australia's Anti-Discrimination Laws Inform Law Reform?

Anti-discrimination law in Australia is at a crossroads. After four decades of proliferation of legislation to regulate discrimination, national attention has turned from increasing regulation to legislative consolidation and reform. This article contributes a theoretical analysis to the reform debate. Two liberal theoretical justifications for prohibiting discrimination, harm and redistributive justice, are considered. This investigation assists to determine when the state should intervene in order to restrict discrimination, and whether state and territory anti-discrimination regimes have a legitimate continuing role in Australias legislative landscape.