Teaching Legal Research Research Articles

МУНІЦИПАЛЬНА ПРАВОСВІДОМІСТЬ: СТРУКТУРНИЙ АНАЛІЗ

The article is devoted to the study of the structure of municipal legal consciousness, which plays a special role (along with municipal psychology) in the processes of forming the globalist potential of the territorial community. This is the first time that this topic has been studied in domestic law. The author notes that the structure of municipal legal awareness, as well as the general phenomenology of legal awareness, consists of the following elements: legal (municipal-legal) psychology, legal (municipal-legal) ideology and legal (municipal-legal) behavior. The author asserts that, as a phenomenon, legal profile psychology a priori arises at the municipal-legal level, that is, at the local level of the existence of society, because it is the person, his groups and associations that exist and function precisely at the level of territorial communities. Legal (municipal-legal) ideology, as a structural element of municipal legal awareness, encompasses knowledge, ideas, concepts about the content of law, including municipal law normative regulations, which are formed as a result of legal education and legal scientific research. The author considers that, unlike municipal legal psychology, which is formed mainly spontaneously, depending on subjective events in municipal life and the experience of past generations, municipal legal ideology is formed in a systemic way as a result of: a) scientific (doctrinal), theoretical reflection of the municipal legal reality, b) based on the generalization and development of the most famous and significant municipal legal theories of the past and present; c) study of the main regularities of the formation, development and functioning of municipalism and its regulatory support and maintenance; d) study of the fundamental principles of municipalism, which are enshrined in international legal standards of local democracy; e) study of the basic principles of the state municipal policy. The author emphasizes that the municipal-legal ideology has a direct impact on the formation, modernization and modification of the bases of the municipal-legal psychology, making its instructions more applicable to the changes associated with the various manifestations of globalization. The third element of municipal legal consciousness is legal (municipal-legal) behavior, which involves its volitional side, which is the process of transforming the norms of municipal law into real municipal-legal behavior of a person within territorial communities. The author emphasizes that local self-government bodies, especially representative ones, can also act within the framework of using the principles of municipal-legal behavior, because they, actually speaking on behalf of the territorial community and in its interests, relay the relevant guidelines of municipal-legal psychology and municipal-legal ideologies possessed by the local human community. The article states that the daily municipal legal reality is carried by all residents of the respective territorial communities at the planetary level. In turn, the municipal legal reality acts as a catalyst for the formation and development of the globalization potential of the territorial community.

Teaching Legal Research and Studies for Built Environment Students in Malaysian Universities

Legal studies and law related subject are unattractive to technical, engineering and design-based students. The research aims to explore the best way to approach legal studies for built environment students by examining the perceptions towards legal subjects, studying the method used in universities and finally, obtaining the best approach to tackle the least popular subject. Questionnaires were distributed to built environment students from Malaysian universities. The data collected were then processed using SPSS Software to better analyse the outcome. It is discovered that the students acknowledged the importance of legal subjects in preparing them for the industry. However, due to the unfamiliar nature and style of studies from what these students are accustomed to, deterred the students from taking great interest in the subjects. Improvement in the content of the syllabus and teaching approach are important in effort to make it less ‘black letter’ and less traditional, into something more animated and built-environment-friendly.

Can Feminist Legal Theory Transcend Vietnamese Legal Education and Legal Research Towards the Goal of Addressing Women’s Issues?

This article aims to figure out why feminist legal theory is called for being studied in Vietnam and what are the possible implications of the movement of adopting feminist legal theory in Vietnam, specifically, for Vietnamese academia legal education and scholarship. This article first argues that Vietnamese legal scholarship and education lacks a soul regarding gender-related issues—a feminist insight. This article points out that finding a feminist legal theory has long been a quest for Vietnamese scholars. It would follow from this that the recognition and adoption of feminist legal scholarship can have overall positive impacts on the Vietnamese legal academia and its scholarship and contribute to addressing the need for gender equality in legal academia and the whole society.

Telling stories about the law school: autoethnography and legal education

ABSTRACT Autoethnography is a contemporary qualitative approach to research and writing where the researcher uses their lived experience as data. Autoethnographers reflect deeply on, and make sense of, their own struggles as well as exploring cultural practices and beliefs. A diverse range of academic disciplines have embraced autoethnography as a research method. Legal education, however, rarely mentions autoethnography. This is a pivotal time. We have an opportunity to enhance the quality of legal education research, particularly where law teachers want to utilise creative, literary techniques and draw on personal experiences. This article provides the first comprehensive assessment of the practicalities and pitfalls of doing autoethnography in legal education research. It uses lived experience narrative, employing first-person present tense storytelling, to examine and extend discussions on major methodological issues faced by autoethnographers. Above all, however, this article challenges law teachers to develop robust and rigorous autoethnographic research.

The Politics of Legal Education

The chapter unpacks the politics of nexus between legal education, legal practice and legal research. We start by problematising some common assumptions and subsequently lay out contemporary challenges to legal education and academia. We argue that we need to abandon all reflexes associating national=doctrinal=useful for legal practice and hence legal education, and international=non-doctrinal=useless for lawyers and hence legal education. First, legal education has to be conscious of the complexity of inter-connected, and ever-changing, laws, regulations and governance structures in the contemporary world. Second, it needs to be built on pluralist research agendas, that draw on doctrinal and non-doctrinal scholarship, with both national and global perspectives in mind. Finally, legal education for the 21st century has to be accountable to a broader set of actors than it has been the case thus far: it needs a more inclusive concept of ‘legal practice’.

What Have We Here? The Relationship between Law Student Attendance and Wellbeing

Two significant areas of contemporary legal education research are student wellbeing and student attendance. It is well established that, when compared with the general population, university students, including those studying law, are at greater risk of experiencing psychological distress and, when they do, it is likely to be at higher levels. Student attendance at face-to-face classes is also gaining traction as a research area, but there is a dearth of robust empirical data in this area. Moreover, the relationship between attendance and wellbeing is underexplored. This article seeks to address this gap in the literature.We recently undertook a large empirical, mixed method study at our university, involving a survey of law students, a manual count of student attendance, and student focus groups. While the primary purpose of the study was to better understand motivations for student attendance or non-attendance, using a constructivist methodology, we extracted a wealth of qualitative data that gave additional insights into both student wellbeing and the attendance–wellbeing nexus. In this article, we present these findings through the lens of Self-Determination Theory and its principles of relatedness, autonomy and competence and in particular explore the tension between autonomy and relatedness when students do not attend lectures.

Towards a Taxonomy of Legal Education Research

This chapter develops a taxonomy of scholarship in legal education through examination of research papers published in a sample of Australian journals between 2006–2017. The taxonomy is designed to make explicit the methods, approaches, and purposes of legal education scholarship as a reflection of the intersection of scholars’ discipline practices in both law and education, as both teachers and as researchers, as both lawyers and teachers. Through description and theorization of legal education research, it substantiates the contribution of SoLE to the legal academy, and to law and legal practice, within an explicit research framework.

Bridging the Gap Between University and Practice: Findings from a Study on Legal Research Education

AbstractLegal research is an important aspect of the legal profession and is something that students will learn how to conduct during their education. David Hand and Matthew Terrell describe a research project, conducted by Justis, a vLex company, which has identified that the teaching of legal research is highly variable across universities, who broadly adopt one of three models. At individual universities, students are not always aware of the legal research platforms to which their university may subscribe. These are factors which can have an impact on student confidence in conducting legal research and may contribute to the level of additional support that students seek. To address these issues, this research suggests the possibility of a standardised approach to legal research teaching.

Finding the Theory and Method for the Pedagogy of Teaching Legal Research: A Response to Callister's “Time to Blossom”

ABSTRACTIn his article “Time to Blossom,” Callister invites legal research experts to begin a discussion as to what theory and methodology would be most effective for teaching legal research. This article suggests that utilizing a tailored form of systems theory in conjunction with active learning methods would allow legal educators not only to teach students in an effective and understandable manner but also to adapt their teaching methods to correspond to changes in the legal research field.

Clinical Legal Education Conference: Quality & Supervision

This conference principally explores the aims of supervision and the role of the supervisor in University Law Clinics.Jonny Hall, Associate Dean for Learning & Teaching, Northumbria Law School, will give a keynote speech on the qualities and responsibilities.We have invited student law clinic volunteers from Manchester, Huddersfield, Strathclyde and LSBU to give 10 minute presentations on their personal reasons for working in a law clinic.In the main panel discussion, chaired by Professor Elaine Hall, Professor of Legal Education Research, Northumbria Law School, representatives from University Law Clinics at Strathclyde, Kent, Northumbria, London South Bank and the Norwegian, student-led Jussbuss will lead a discussion on how much supervision of law clinic student volunteers is required, by who and for what purpose(s). The perspective of clients, students, supervisors and host institutions will be considered.The final session, led by Andy Unger, Associate Professor and Head of the Law Division, LSBU School of Law & Social Sciences, will discuss the threats and opportunities facing university law clinics in the light of the Solicitors Regulation Authority’s training for tomorrow consultation proposals.

A Case Study: Teaching Legal Research and Writing in a Fully Integrated Way

This Article outlines the past model of legal research and writing at Wake Forest School of Law, the problems it presented and the redesign methods implemented over the course of two academic years. It details student evaluations and evidence of better student learning when legal writing and research is taught together, in an integrated fashion, rather than in two paralleling courses. Most importantly, this Article provides evidence to support an argument that legal research should never be taught outside the context of a legal writing, or a doctrinal, problem set. Collaboration among faculty is the key to successful student learning.

Introduction to AsianLII's Myanmar/Burma Legal Databases

The Australia/Myanmar Constitutional Development Project at UNSW Faculty of Law is one of a number of Faculty initiatives intended to assist the development of the rule of law, legal education and legal research in Myanmar. Myanmar is also one of three initial priority countries in the UNSW Vice-Chancellor’s ‘Global Development Network’ initiative. The databases and other resources in this Myanmar/Burma collection have been developed by the Australasian Legal Information Institute (AustLII), a joint facility of UNSW and UTS Faculties of Law, as a contribution by AustLII to assist these initiatives, and to provide what we hope will be useful free-access resources for the people of Myanmar. A small amount of financial assistance has been provided from UNSW and other universities.

The Need for Experiential Legal Research Education

With thirty-five percent of a new attorney’s time and over thirty percent of all attorneys’ time being spent conducting legal research, law schools cannot produce practice-ready graduates without significant legal research instruction. Although attorneys hiring new associates routinely report that new hires’ research skills are insufficient, most firms are unable or unwilling to take on the cost of preparing their new associates to perform the skills they are expected to perform as members of the legal profession. Furthermore, legal research is closely tied to each of the four competencies laid out by the ABA in Standard 301, which requires law schools to ensure that their graduates are ready to be effective, responsible members of the legal profession. Since overcrowded first year skills courses are usually the only mandatory law school course with any time spent on legal research instruction, most law schools cannot honestly state that they meet these requirements without a shift in the availability of legal research courses throughout all three years of law school. With most legal research courses already having significant experiential components, designating legal research courses as experiential would allow schools to both increase offerings in legal research and to meet the ABA’s newly-expanded six credit experiential course requirement for every student. When structured appropriately, stand-alone legal research courses clearly meet the requirements laid out in the simulation category of experiential courses.

The State of Legal Research Education; A Survey of First Year Legal Research Programs or 'Why Johnny and Jane Cannot Research'

Dissatisfaction with the research skills of the new associate is an oft-repeated refrain. This article explores the state of research education in the law school curriculum. Questions explored include: whether or not legal research is a required first year class; the number of semesters of research instruction; the expertise of the professor; number of credits awarded for legal research, scope of the curriculum and observed challenges. Also considered is the impact of a more vigorous writing focus on research skills education. Survey data collected from the two hundred ranked law schools is used to explore these questions and as the basis for reforming research education.

Exploring Autoethnography as a Method and Methodology in Legal Education Research

Legal education is a new area for autoethnographic research. Indeed, there is a significant lack of autoethnography located in higher education generally. This article explicitly seeks to fill a considerable gap in the literature by fixing the narrative in the law school. Drawing on her own autoethnographic vignettes and reflexive journal entries, the author provides a first-hand account of entering the world of autoethnography. She argues that the hyper-reflexivity at the heart of a narrative approach is valuable and appropriate for legal education research. Yet, she also addresses and explores the challenges of such an approach, including subjectivity, ethics and the politics of discontent.

Information needs, perceptions and quests of law faculty in the digital era

Purpose – The purpose of this paper is to ascertain the law faculty members’ information needs and seeking behaviour to provide library resources and services in a better way. Libraries play a very important role in supporting legal education and legal research. The past decade has brought about a sea of change in the relationship between library and user. Information technology enabled new products and services, and the availability of online information resources has changed the provision of services in legal academic institutions. In this context, library professionals working in a legal academic library are required to have a sound knowledge of the information needs, perceptions and information-seeking behaviour of legal academicians and users to ensure solid collection development, to provide effective library services and to satisfy the needs of library users. Librarians are professionally committed to update a core, qualitative and need-based collection for the optimum utilization of the resources for the greater satisfaction of the user community. Design/methodology/approach – This study used questionnaire-based survey methods. A questionnaire was designed and administered to the law faculty to investigate the information-seeking behaviour at the Institute of Law, Nirma University (ILNU). The study is limited to faculty members of ILNU. Data were collected through the surveys based on a well-structured questionnaire and personal interviews. An in-depth literature search on topics related to the research work was also carried out. Findings – The results of this research showed that law faculty members used a range of information sources to pursue their teaching, research and academic work. When they use print resources, many respondents preferred books/reference books, law reports, statutes and journals. The study also revealed that a number of respondents preferred to use Information and Communication Technology-based library resources in comparison to print resources, with most of them stating that they have very good computing skills. This use may be due to availability, advancement and promotion of legal e-resources. HeinOnline is the most preferred online database, followed by Westlaw India and Manupatra. It is also noted that most of the faculty members have reported that Internet-based items are preferred over conventional documents for teaching and that the Internet has expedited the research process; thus, overall dependency on Internet access has increased. Practical implications – The findings of the paper will help library and information science practitioners working in academic law libraries to address the key factors which influence users’ intention to seek information and to intensify their performance to meet user needs and perceptions. Results will also be useful to them in collection development. Originality/value – The paper is relevant and useful to those who are interested to know the trends of information needs and determine the information-seeking behaviour and users’ perceptions for library resources of legal professionals. This study is also useful to librarians who are professionally committed to update a core, qualitative and need-based collection for the optimum utilization of the resources for the greater satisfaction of the user community.

A qualitative study of the impact of law clinics on students’ perceptions of emotional labour expectations

The benefits to students of being given some form of clinical legal education are well documented. Research has been conducted in the area of legal education and emotion, emotional intelligence and clinical legal education. There have also been studies which explore emotional labour in the legal profession. However, there is currently no research into the role of clinical legal education in advancing law students’ understanding of emotional labour expectations in the legal profession. This Legal Education Research Network (LERN) funded project aims to fill that gap by examining the contribution law clinics make to the development of law students’ emotion management skills in preparation for entry into the legal profession. The project seeks to achieve this by considering the changes to law students’ perceptions of emotional labour expectations as a result of undertaking this type of clinical legal education. The paper offers insights into the types of emotional labour as well as the perceived drivers of emotional labour, which are regarded as necessary to fulfil the role of the solicitor. The paper will also analyse the potential consequences of performing emotional labour identified by participants.

How Much “Law” in Legal Studies? Approaches to Teaching Legal Research and Doctrinal Analysis in a Legal Studies Program

Abstract This article addresses the teaching of legal research methods and doctrinal analysis within a legal studies program. I argue that learning about legal research and doctrinal analysis is an important element of legal education outside professional law schools. I start by considering the ongoing debate concerning the role of legal education both inside and outside professional law schools. I then describe the way in which the research methods courses offered by the Department of Law and Legal Studies at Carleton University attempt to reconcile the tension between “law” and legal studies. In particular, I focus on how the second-year research methods course introduces students to “traditional” legal research and doctrinal analysis within a legal studies context by deploying a number of pedagogical strategies. In so doing, the course provides students with an important foundation that allows them to embrace the multiple roles of legal education outside professional law schools.

Teaching Legal Research Methodology to Undergraduate Law Students at a Historically Disadvantaged University

The abolition of the Apartheid system has brought about a huge quest and at the same time agitation for skills development in all major critical and scarce skills courses and endeavours in the South African educational system. The teaching and learning of legal research methodology is not an exception given the fact t hat most of the previously disadvantaged universities are stigmatised as 'teaching based universities' as opposed to 'research based universities.' Since 1994, there has been significant restructuring in higher education and this is an integral part of the changes required to overcome the legacy of apartheid division and inequalities. Against this backdrop, historically black law faculties have now introduced extensive research training into their course modules in order to enhance the legal writing skills of the students. This paper describes the teaching and learning of the Legal Research Methodology module by a lecturer to the undergraduate students. It also highlights and analyses the inherent problem of disseminating the peda gogy of research to the students and the interventions tha t were introduced to find solutions to the problem are now eventually producing good results whereby students are writing standard research reports/dissertations. It finally highlights various improvements needed in order to strengthen pedagogy and make the art of skill development in research sustainable

The Road Not Yet Taken: How Law Student Information Literacy Standards Address Identified Issues in Legal Research Education and Training

Legal research education has been slow to adopt information literacy as a framework, despite the demonstrated utility of this framework when applied to library instruction and assessment. This article defines law student information literacy (LSIL), analyzes how LSIL standards address existing and identified deficits in the current state of legal research education, and offers a copy of the draft LSIL standards. The recently approved AALL Law Student Research Competencies and Information Literacy Principles are appended to the article.