Legal Education: Simulation in Theory and Practice PDF
Preview Legal Education: Simulation in Theory and Practice
LegaL education emerging Legal education Series Editors: Paul Maharg, Australian National University, Canberra, Australia, caroline Maughan, University of the West of England, Bristol, UK and elizabeth Mertz, University of Wisconsin-Madison/American Bar Foundation, USA emerging Legal education is a forum for analysing the discourse of legal education and creating innovative ways of learning the law. the series focuses on research, theory and practice within legal education, drawing attention to historical, interdisciplinary and international characteristics, and is based upon imaginative and sophisticated educational thinking. the series takes a broad view of theory and practice. Series books are written for an international audience and are sensitive to the diversity of contexts in which law is taught, learned and practised. Other titles in this series: the calling of Law the Pivotal Role of Vocational Legal education Edited by Fiona Westwood and Karen Barton Law and Leadership integrating Leadership Studies into the Law School curriculum Edited by Paula Monopoli and Susan McCarty the Moral imagination and the Legal Life Beyond text in Legal education Edited by Zenon Bankowski and Maksymilian Del Mar the arts and the Legal academy Beyond text in Legal education Edited by Zenon Bańkowski, Maksymilian Del Mar and Paul Maharg affect and Legal education emotion in Learning and teaching the Law Edited by Paul Maharg and Caroline Maughan Legal education Simulation in theory and Practice Edited by caRoLine StReVenS University of Portsmouth, UK RichaRd gRiMeS University of York, UK edwaRd PhiLLiPS University of Greenwich, UK © caroline Strevens, Richard grimes and edward Phillips 2014 all rights reserved. no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. caroline Strevens, Richard grimes and edward Phillips have asserted their right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work. Published by ashgate Publishing Limited ashgate Publishing company wey court east 110 cherry Street union Road Suite 3-1 Farnham Burlington, Vt 05401-3818 Surrey, gu9 7Pt uSa england www.ashgate.com British Library Cataloguing in Publication Data a catalogue record for this book is available from the British Library The Library of Congress has cataloged the printed edition as follows: Strevens, caroline, author. Legal education : simulation in theory and practice / by caroline Strevens, Richard grimes, and edward Phillips. pages cm. – (emerging legal education) includes bibliographical references and index. iSBn 978-1-4724-1259-1 (hardback) – iSBn 978-1-4724-1260-7 (ebook) – iSBn 978-1-4724-1261-4 (epub) 1. Law–Study and teaching. 2. computer simulation. 3. Simulation methods. i. grimes, Richard h., author. ii. Phillips, edward (writer on Legal education) author. iii. title. K100.S77 2014 340.071–dc23 2014015354 iSBn 9781472412591 (hbk) iSBn 9781472412607 (ebk–PdF) iSBn 9781472412614 (ebk–ePuB) V Printed in the united Kingdom by henry Ling Limited, at the dorset Press, dorchester, dt1 1hd Contents List of Figures and Tables vii Notes on Contributors ix Foreword xv Preface xvii Acknowledgments xix Introduction 1 Richard Grimes 1 Simulation and Technology in Legal Education: A Systematic Review 17 Paul Maharg and Emma Nicol 2 Simulation and the Learning of the Law: Constructing and Using an Online Transactional Assessment in Employment Law 43 Caroline Strevens and Roger Welch 3 Shaping the Future Lawyer: Connecting Students with Clients in First-Year Law 67 Nicola Ross, Ann Apps and Sher Campbell 4 Setting the Stage: Using a Simulation as a First Day of Class Exercise 87 Susan Marsnik 5 A Large-Scale Simulation, Practitioners, their Feelings and the Verfremdungseffekt 107 Jane Ching 6 Using Interviewing and Negotiation to Further Critical Understanding of Family and Child Law 127 Maebh Harding 7 Virtual Learning for the Real World: Using Simulation with Non-law Students 151 Karen Counsell vi Legal Education 8 Faking it and Making it? Using Simulation with Problem-Based Learning 171 Richard Grimes 9 From Trials to Simulations: Learning and Teaching Law and Ethics Using Famous Cases 193 David McQuoid-Mason 10 Revisiting the Law of Evidence: A Case Study on the Practicalities of Simulation-Based Learning and Teaching 215 Edward Phillips 11 Adding Realism to Professional Legal Education at the University of Hong Kong 231 Wilson Chow 12 ‘Ill-Structured’ Simulations in Two American Law Classes: Labour Law and Administrative Law 243 Roberto L. Corrada Postscript 263 Index 265 List of Figures and Tables Figures 1.1 Chronology of dataset items, 1970–2012 21 1.2 Geographical location of common law items 22 Tables 7.1 Key features of transactional learning taken from original text 153 7.2 Summary of Cyberdam phases of construction 158 7.3 Postgraduate computer law results 162 This page has been left blank intentionally Notes on Contributors Jane Ching is a qualified solicitor and Professor of Professional Legal Education at Nottingham Law School, working with colleagues in the Centre for Legal Education, of which she is co-director. She also takes care of the Doctorate in Legal Practice students in the multi-disciplinary NTU professional doctorate programme, as well as supervising EdD students researching early career professionals in other disciplines. She works extensively with professional bodies and regulators, here and abroad, in reviewing and designing structures of legal education and training for the professions, and was a member of the Legal Education and Training Review research team which reported in 2013 with recommendations on the regulation of legal services education (http://letr.org.uk). She also coordinated the paralegal stream of the Solicitors Regulation Authority work-based learning pilot between 2008 and 2013 in England and Wales, and worked with the Tertiary Education Commission in Mauritius on a project to reform the vocational education programmes for solicitors, barristers and notaries in that country. She has also worked with a number of law firms, reviewing, designing and delivering in-house education programmes for practitioners. Wilson Chow is Associate Professor at the University of Hong Kong’s Faculty of Law. Responsible for the curriculum reform and development in the HKU Postgraduate Certificate in Laws programme since 2001, he spearheaded all related proposals which have made significant and sustained contributions to the extensive reform. He conducted various research on teaching and reported the outcomes at legal education conferences in the UK (the 10th Learning in Law Annual Conference 2010 and the British and Irish Law Education and Technology Association (BILETA) Conference 2012), Australia (the Australasian Professional Legal Education Council (APLEC) Conference 2011), Singapore (the Asian Law Institute (ASLI) ‘Reflections on Legal Education in Asia’ Symposium 2005 and the Redesigning Pedagogy: Culture, Knowledge and Understanding Conference 2007), Taiwan (the Cross-Strait, Four-Region Law Developments in Taiwan, China, Hong Kong and Macau Conference 2010) and most recently, the USA (the CALI Conference for Law School Computing 2013). He was awarded the Faculty Outstanding Teaching award in 2012 in recognition of his outstanding teaching performance and continuing innovation in enhancing students’ learning experience.
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