B. Waters

“A part to play”: the value of role-play simulation in undergraduate legal education

This article explores the argument for increased student participation in experiential learning approaches within the UK undergraduate law curriculum. It is supported by the findings of a very small-scale research study undertaken by the writer into law students’ perceptions of the efficacy of role-play simulation as a means of studying mediation, in an optional credit-based module within the final year of a UK undergraduate qualifying law degree. In order to provide situational context, the first part of this article will briefly address the experiential learning possibilities for undergraduate law students, a discussion of the study involving qualitative research methodology, which was used to demonstrate that role-play simulation as a method of experiential learning has a place within the UK undergraduate law curriculum. The final part of this article will consider the findings of the study which demonstrated that, inter alia, role-play simulation can be motivational, helps to build student confidence, enables deeper learning, assists graduate skills acquisition and arguably enhances employability. Based on the findings of this study and other empirical evidence, the article suggests that greater emphasis could be placed on experiential approaches such as role-play simulation for credit-based law courses, including those “core” foundational courses which form part of the undergraduate qualifying law degree in the UK, but achievement of this aspiration is not without its challenges.

The solicitors qualification examination: something for all?some challenges facing law schools in England and Wales

The forthcoming changes to the solicitors’ training regulations in England and Wales, which include the proposed introduction of the Solicitors Qualifying Examination (SQE), whilst generally considered to be unwelcome based on consultation responses and feedback from various stakeholders, present a perfect opportunity for law schools to reconsider the way in which the law degree curriculum is structured and delivered. In the competitive, marketised world of higher education, there are institutions who will undoubtedly see the changes as an opportunity to increase student numbers by making their law degree attractive to those students wanting to be ‘SQE ready’, possibly for both stages of the proposed examination. Others may wonder what all the fuss is about and continue to deliver the curriculum without regard to the proposed changes and rely on other providers to prepare aspiring solicitors for the new style centrally assessed examinations. In terms of regulation, the changes have been described as ‘light touch’ and the academy is being left to consider which direction it intends to take regarding curriculum development. This article briefly considers the current approaches to legal education (focusing mainly on the law degree) in England and Wales, what the new qualification changes mean and the possible response to those changes in the development and delivery of an enlightened contextual curriculum which could provide broad appeal. The challenges and viability of such a progressive approach are recognised and considered.

The importance of teaching dispute resolution in a twenty-first-century law school

ABSTRACT Civil justice reviews over the past 20 years have encouraged the use of alternative dispute resolution (ADR) and particularly mediation. Mediation is arguably now becoming more mainstream in terms of dispute resolution process choice. In some instances law changes have been introduced requiring parties in dispute to consider using mediation; similarly, lawyers have an ethical responsibility to provide advice to their clients about the range of dispute resolution processes available. What is lacking however is a corresponding appreciation of the changing attitudes to the teaching of dispute resolution in the majority of UK law schools, where the promotion of adversarialism within the curriculum appears to remain the focus as the primary and only method of dispute resolution. The article argues that this is unreflective of current attitudes and thinking towards dispute resolution in most common law countries, where litigation is no longer necessarily the primary dispute resolution process of choice. Whilst there was token appreciation of the importance of mediation advocacy and its inclusion recommended within the Bar Practice Training Course (BPTC), the recent Legal Education and Training Review was silent on any suggestions about the inclusion of dispute resolution based curriculum content at any stage of legal education in England and Wales. The article will explore the historical development of lawyers’ attitudes to dispute resolution within the civil justice arena and academics’ teaching of curriculum associated with it in UK law schools. The article will pose questions on why recent legal history suggests that law schools should now perhaps take a more socio-legal approach to their curriculum content and embrace the teaching of dispute resolution as a defined subject area for the twenty-first-century law school.

Geoffrey Woodroffe and Robert Lowe, Woodroffe & Lowe’s Consumer Law and Practice

accessibility. It is so extraordinarily well written; Chuah has the rare ability to be able to convey the nuanced complexities of his subject with such finesse, yet at the same time he does not overwhelm the reader. For example, the author’s use of footnotes is relatively minimal; they signpost interesting and relevant additional resources and works without the unnecessary length and detail that can become tiresome and alienate the undergraduate student as a reader. Furthermore, as well as explaining the theory and doctrinal framework of the law, the book provides useful summaries of key cases to illustrate how the law is applied in practice. This book will be particularly useful for both undergraduate and postgraduate students, who will undoubtedly find it to be an invaluable resource for their studies. Legal academics and practitioners with a keen interest in the law of international trade are also likely to find this book useful, as well as those persons who are involved with carrying out cross-border commercial transactions in their everyday business.

Widening participation in higher education: the legacy for legal education

New Labour’s first administration pledge to enable 50% of the adult population to pass through higher education by 2010 was predicated on the notion that an educated nation is beneficial and as such is linked to its long-term economic well-being. The dilemma confronting successive Neo-liberal Labour governments was that the creation of a more educated nation, was being proposed at the expense of the accusation that widening participation has caused a ‘dumbing down’ or devaluation of the degree qualification, law included. This article, among other things, analyses the various strategies which have attempted to achieve the policy, it will examine the effect that this has had on universities going into the 21st century with an emphasis on legal education. The author will attempt to show that widening participation has not fully achieved its intentions in that the effects have not been wholly beneficial; there are not the job opportunities available to offer the growing pool of graduates, including those with a law degree wishing to enter either branch of the legal profession. The author will also briefly explore the accusation that the law graduates are not attaining the kind of employment traditionally considered as being of graduate status. Sustainability of the policy has left the Conservative-led coalition government with no option but to introduce the promised rise in tuition fees initially implemented under Blair. As such, the future of higher education and indeed legal education is far from certain and this will be contextualised in a brief examination of the current state of UK legal education in anticipation of the eagerly awaited LETR review.