Profession, Education & Regulation in Law

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The Centre for Profession, Education and Regulation in Law focuses upon legal education, the legal profession and the transformation, partly through regulation, of both. It generates and shares research towards extending the value of legal education and the contribution of the legal profession to society at large.

Last updated date

11.33pm Saturday 23 September 2017

Upcoming

3
Dec
2017
UNSW Research in Legal Education conference (Sydney)

Honorary Professor Paul Maharg has been invited to give a keynote at the UNSW conference in Sydney on Research in Legal Education: State of the Art (3-5 December). Entitled ‘Prometheus, Sisyphus, Themis: three alternative futures for legal education research’, it will address the current global problems of legal educational research, including its lack of organisation, its thin historical awareness, and its scarcity of empirical evidence; and it will set out how we might, inter-jurisdictionally, improve the situation for all stakeholders in the process of legal education.

5
Dec
2017
Global Alliance for Justice Education Worldwide Conference

Associate Director of PEARL, Dr Liz Curran is presenting at the Global Alliance for Justice Education Worldwide Conference in Mexico 5-12 December 2017. Her topic is, ‘New Approaches to lawyering – Imperatives for changes in legal education’.
In this interactive paper Curran's recent research on people’s poor experiences of lawyers and the legal process will be explained.  Litigation has its place but is not enough especially given the gaps in legal assistance services. New ways of strategically solving problems not just of individuals but whole communities exist. Multi-disciplinary partnerships, interdisciplinary clinics, problem solving courts, therapeutic, conferencing, empowerment through community development, engagement in decision-making, justice reinvestment, impact on cultures of colonial and adversarial practices, story-telling, restorative justice including conflict conferencing are other ways of doing justice but are rarely taught.

Global Alliance for Justice Education Worldwide Conference

7
Dec
2017
Judith Harrison presenting at Global Alliance for Justice Educators

Sarouche Razi West Justice, Victoria, Australia and Judy Harrison, ANU PEAL, Long distance clinics: can remote area legal services exercise the right to the city?, 9th Global Alliance of Justice Education 9th World Wide Conference, Puebla, Mexico, 5-9 Dec 2017.Explores inversions in centre and periphery for legal services, legal clinics and legal education.See conference Link in Dr Curran's GAJE entry above.

Recently

24
Oct
2017
No Law Degree Required? Honorary Professor Paul Maharg

Honorary Professor Paul Maharg gave a paper on legal education regulation in Osgoode Professional Development, downtown Toronto. Entitled ‘No law degree required? Changes in solicitor licensing in England and Wales’ it focused on the forthcoming changes to assessment of professional education, and how it may affect undergraduate undergraduate legal education in England & Wales as well as professional; and the extent to which other jurisdictions may follow the innovations.

15
Aug
2017

Dr Liz Curran delivered conference papes and ran workshops throughout the UK, Ontario Canada and Washington DC & New York City on HJP in the second half of 2016.  HJPs involve lawyers working alongside health and allied health professionals to reach clients with a range of problems capable of legal solutions e.g. debt, family violence, poor housing, consumer issues, care and protection, human rights, and social supports.  She explained the model, how it works, research showing why it works, and share some lessons learned and resources. See SSRN for the range of papers delivered and the audieces.

1
Aug
2017
Dr Curran 'expert adviser' to the Law Council of Australia's 'Justice Project'

Dr Curran was appointed in February 2017 as 'expert adviser' to the Law Council of Australia's 'Justice Project'. The Law Council of Australia is undertaking a comprehensive national review into the impediments to justice in Australia, focussing on those facing significant social and economic disadvantage in community. The work will culminate in a Final Report at the end of November 2017 following a literature review and consultation process.

 

5
Jul
2017
International Journal of Clinical Legal Education Conference

Dr Liz Curran, Associate Director of the ANU Centres for the Profession, Education and Regulation in Law (PEARL)  presented in an international interdisciplinary collaboration with the Head of Law and the Head of Nursing, University of Portsmouth on IDSC at the International Journal of Clinical Legal Education Conference, Northumbria University UK . 2 July – 5 July.  

International Journal of Clinical Legal Education Conference

Latest news

23
Oct
2017
Watching television
I've watched Legally Blonde once (loved it) and just one episode of Suits (rest assured it's one of my desert island DVD box sets).
26
Sep
2017
Moira Murray
It is important to remember that clients are not just a set of facts or a problem to be solved. How do you learn how to listen to and talk to clients whose legal problems need your expertise? Here are some tips to help you.
18
Sep
2017
Working mothers
A significant gender divide continues to exist amongst the legal community towards work life balance, impacting career paths.
15
Sep
2017
Sir Nathaniel Dance-Holland, Captain James Cook, c. 1775
Injustice is observable only under certain conditions. Getting better at being able to see injustice is a vocational issue for people working in law. After all, justice is what legal systems are for.
01
Aug
2017
""
Resilience is an important part of anyone’s career, and we learn something new even from setbacks. It’s also important to have contingency plans.

In the Media

29
Aug
2017

ANU wins more than $1.24 million in New Colombo Plan grants

Vivien Holmes, Margie Rowe ANU Newsroom

19
Jun
2017

The funny thing about human rights

Marianne Dickie writes in APPS Policy Forum

22
Mar
2017

Everything you need to know about changes to the Racial Discrimination Act

Dilan Thampapillai, Margaret Thornton speaks to News.com.au

Research theme:
10
Feb
2017

Dutton defends increased immigration power amid 'Trump-like' comparison

Marianne Dickie speaks to SBS World News Radio

14
Jun
2014

Attorney-General George Brandis set to silence CLCs

Elizabeth Curran writes in The Saturday Paper

03
Apr
2014

Pell was wrong to blame the lawyers, but they aren’t blameless

Vivien Holmes writes in The Conversation

Research theme:

Upcoming events

No upcoming events found.

Past events

17
Aug
2017

The Solicitors Qualifying Examination (SQE) in England & Wales: How will it affect legal education?

Event image
1.00PM to 2.00PM
  • Paul Maharg, Distinguished Professor of Practice, Osgoode Hall Law School, York University, Toronto

The Solicitors Regulation Authority (SRA) Board has agreed to introduce a common assessment for all entrants to the profession in England & Wales from 2020, called the Solicitors Qualifying Examination (SQE).

16
Aug
2017

Simulated Clients: A workshop on interdisciplinary learning and teaching in legal education

PEARL
10.00AM to 4.00PM
  • Professor Paul Maharg, York University, Toronto
  • Professor Debra Nestel, Monash Medical School
  • Julienne Jen, The University of Hong Kong
  • Lucy Evans, Flinders University Law School

A workshop on interdisciplinary learning and teaching in legal education

The use of simulated clients in legal education derives from medical education’s simulated patients (SPs), where lay people (ie persons not medically trained) are trained to do three things well: first, simulate specific medical conditions, second, assess the patient-facing skills of communication and physical examination, third, to give feedback on those skills to learners.

25
May
2017

When and why do legal professions seek to influence law

Leslie Levin
1.00PM to 2.00PM
  • Professor Leslie Levin, University of Connecticut

In this presentation Professor Levin looks at the circumstances under which legal professions throughout the world, through mandatory and voluntary lawyer associations, attempt to influence the law by either advocating for legal change or opposing it.

23
May
2017

One day Ethics Roundtable: Reimagining lawyer regulation in light of the realities of practice?

Leslie Levin
9.30AM to 4.30PM
  • Professor Leslie Levin, University of Connecticut School of Law
This one day roundtable celebrates the visit of Professor Leslie Levin to the ANU College of Law. Professor Levin will initiate the discussion with a presentation of her most recent US empirical research work on the myriad factors that affect lawyer decisionmaking.
08
May
2017

Wellbeing in the Law Week - Mon 8 to Fri 12 May

Wellbeing week
12.00PM to 5.00PM

The ANU College of Law is committed to health and wellbeing in the law, for all our students and academic and professional staff. This is the inaugural Wellbeing in the Law Week, presented by the ANU College of Law Wellbeing Initiative and the ANU Law Students' Society.

The Centre for Profession, Education and Regulation in Law (PEARL) aims to generate and share high-quality research on the theories and practices of legal education and the legal profession, and the regulation of both. One key focus is systemic reviews of existing research within these domains.

Our research supports a range of projects that present radical alternatives to conventional legal educational curricula, in areas such as curriculum design, problem-based learning, clinical learning, transactional learning, use of technology, public legal education, legal writing and legal reasoning.  This also extends to analyses of interdisciplinary interventions, particularly involving medical and allied health education and professional education generally. 

In this way, we build collaborative networks across disciplines and with national and international institutions, including regulatory bodies.

The Centre is interdisciplinary, future-orientated and international in outlook and its members regularly collaborate with international scholars and institutions.

Research clusters

The Centre’s research is structured by research clusters of scholars working on various projects having a common theme. The research clusters are collaborative online spaces, enabling scholars from near and far to combine effectively towards producing specific research outputs.  

  • Access to Justice
  • Assessment in Legal Education: Global Critical Perspectives
  • Ethics in the Legal Profession and Legal Education
  • Future Justice
  • Legal Mind Network: History, Theory and Pedagogy of Legal Reasoning
  • Legal Writing
  • Problem Based Learning in Legal Education
  • Simulation in Legal Education
  • Transitions to Practice
  • Wellbeing

The Centre also offers opportunities for publication through PEARL Press, and for promoting awareness of publications and output using other avenues.

International network development

Most of the Centre’s clusters and projects contain international researchers and institutions bringing breadth, difference and fresh experience and insight to the research collaborations.

Directors


Craig Collins
Senior Lecturer

Staff


Scott Chamberlain
Senior Lecturer

Elizabeth Curran
Senior Lecturer

Vivien Holmes
Associate Professor

Members


Marianne Dickie
Senior Lecturer

Anneka Ferguson
Senior Lecturer

Tony Foley
Professor

Judy Harrison
Senior Lecturer

Molly Townes O'Brien
Associate Professor

Margie Rowe
Senior Lecturer

Stephen Tang
Lecturer

Margaret Thornton
Professor

Chris Trevitt
Education Design Consultant

International advisory board

Professor Jane Ching
Professor
Nottingham Law School, College of Business Law a & Social Sciences
Nottingham Trent University
Nottingham, United Kingdom
Julian Webb, Melbourne Law School
Professor
Melbourne Law School
University of Melbourne
Melbourne, Australia
Jeff Giddings, Griffith Law School
Director of Professionalism
Griffith Law School
Griffith University
Brisbane, Australia
President
Australian Learning and Teaching Fellows
Townsville, Australia
John Mayer, The Center for Computer-Assisted Legal Instruction
Executive Director
Center for Computer Assisted Legal Instruction
Chicago, United States
Professor Sara de Freitas, Murdoch University
Pro Vice Chancellor (Learning & Teaching)
Murdoch University
Perth, Australia
Professor Mitt Regan, Georgetown Law
Co-Director
Center for the Study of the Legal Profession, and McDevitt Professor of Jurisprudence, Georgetown Law
Georgetown University
Washington DC, United States
Clark D. Cunningham
W. Lee Burge Chair in Law & Ethics
College of Law
Georgia State University
Atlanta, United States

Furthering the collaborative, distributed and open-access principles that underlie Centre practices, research is conducted within specific project teams falling under the wider umbrella of a research cluster. A research cluster may have multiple active projects and a project may have multiple outputs.

Outputs may include: a book, an article, a conference paper, a series of explorations or investigations, a data project, slide set, workshop, systematic review, the development of innovations in educational heuristics that will lead to a research programme - the categories are not closed. The research output will be agreed between project team members and the Deputy Director.

Clusters and projects are initially approved by the Deputy Director who will organise the initial setup of any new clusters and project spaces.

The Centre will promote the work of the cluster and project teams where possible and final research outputs may appear on the Centre’s publication list or, if published externally, linked via the Centre’s website.

Projects & clusters

Access to Justice

Contact: Elizabeth Curran

The Access to Justice research cluster explores the roles and responsibilities carried by legal professionals and lawmakers in making justice accessible to all members within our communities. The rule of law and human rights protection fails to the extent that access to justice is denied. This project is focused on examining the difficulties faced in accessing justice by vulnerable and disadvantaged members of society, as well as the vital role performed by community legal centres and similar legal services.


Evaluation for The Consumer Action Law Centre ‘Responding Effectively to Family Violence Dimensions of Debt and Credit through Secondary Consultations & Training with Community Workers.’ 2017 - 2019

Evaluation of the Secondary Consultation Services through the qualitative and quantitative tools. The project is a Secondary Consultation and Outreach and Training Service by the Consumer Action Law Centre & aims to strengthen the capacity of the financial counselling and family violence support sectors to assist and respond to women dealing with family violence-related debt, as well as driving industry change as appropriate based on this work. Building collaboration and respect and trust between the services will be key in building capacity and confidence and responsiveness. (pro bono)

 
Project leader: Elizabeth Curran
New Approaches to Lawyering

Collaborators, Dr Liz Curran, ANU College of Law and Professor Jane Ching, Professor of Professional Legal Education at Nottingham Law School, the Law Faculty of Nottingham Trent University in England.

Facilitated interactive sessions/workshops/roundtables including at the Centre for Legal Education of Nottingham Trent University Law School where Dr Curran is Senior fellow (2017-2022) bringing together different agencies, students, academics, regulators, policy makers, the profession etc. to discuss new and emerging but effective ways of delivering justice and legal services given problems with the adversarial system (utilising suggestions of recent Royal Commissions into family violence and institutional abuse). What might the law and legal profession look like into the future - discuss opportunities to collaborate on health justice partnerships, interdisciplinary clinics, problem solving courts, therapeutic, restorative justice including conflict conferencing, justice reinvestment and other ways of doing justice + ethical issues that these may present and better opportunities to equip practitioners and students for legal practice in the future. Emergent outcomes article/book and teaching innovations for schools of legal practice.

New Approaches to Lawyering

Project leader: Elizabeth Curran
Conceptualising civil law legal needs

This project aims to re-examine concepts of civil law legal needs drawing on social, legal and political theory.

The project welcomes collaborators interested in energising and activating concepts of civil law legal needs in socially progressive ways. The project has policy, professional and service implications.

Project leader: Judy Harrison

Project leader: Judy Harrison
Collaborators: Elizabeth Curran
Health-justice partnerships in remote communities

In health-justice partnerships, lawyers and health professionals collaborate for better health outcomes and access to justice for patients with legal issues. What do existing HJPs look like in geographically remote communities? Is there further potential?
This project will draw in project collaborators, initially focusing on a small number of remote communities. In Australia, the project has policy and service implications in the fields of health, legal services, access to justice and Indigenous programs.

Project leader: Judy Harrison
Health Justice Partnerships (HJP) Australia and beyond

This project aims to examine effective practices to assist the vulnerable and disadvantaged - those most unlikely to gain legal assistance - gain access to the help they need. It will examine the flow on effect of building the capacity of different disciplines to identify, assist and advocate for clients/patients and where possible collaborate to bring about systemic change that improves that social and health determinants of community and leads to positive outcomes in lives.

Project Leader: Dr Liz Curran

Collaborator: Pamela Taylor-Barnett

Evaluation of the ‘Why Didn’t You Ask?’ – Project of the Family Violence Project of Loddon Campaspe Community Legal Community Legal Centre in Greater Bendigo

This evaluation uncovered a number of key lessons on how to deliver effective service and improvements to policing and the courts in relation to family violence assistance and representation. The project has provided a venue for women’s experiences of violence, the court system and the legal process and support system, to be heard through a research project.

Ethics in the Legal Profession and Legal Education

Contact: Vivien Holmes

This ethics cluster contains projects dedicated to exploring ethics and professionalism in legal practice through an interdisciplinary lens. The projects are also focused on researching effective ways to help students develop ethical skills for legal practice.


Interdisciplinary Student Clinics (IDSC)

Dr Curran’s recent research and practical experience as a clinical legal education supervising solicitor within a health service has led to the idea for the development of interdisciplinary student clinic (IDSC) as an important way of building better and more responsive future practitioners in health, law and allied health disciplines. Such an idea is not new, but much of the literature examined looks at interdisciplinary clinics narrowly as lawyers and law students working in non-legal settings. In Curran’s IDSC it envisages law students in joint learning at undergraduate level with students jointly undertaking courses in different fields such as doctors, nurses, psychology, law social worker, dentists, pharmacists and progressing into a joint student advice clinic. Dr Curran is now pro bono adviser on several small pilot IDSC in Australia and abroad and hopes to grow the movement to improve access to justice, legal education and holistic professionals.

Collaborators: Dr Liz Curran, ANU; Dr Isobel Ryder (Director of Nursing) Caroline Strevens (Head of Law) University of Portsmouth, United Kingdom

Project leader: Elizabeth Curran
Evaluating the effectiveness of the 'Giving a Voice to Values' (GVV) module for legal ethics, professional development and wellbeing

This project is focused on evaluating the effectiveness of the ‘Giving Voice to Values’ (GVV) module for legal ethics, professional development and wellbeing.

Project leader: Vivien Holmes
Collaborators: Anneka Ferguson, Stephen Tang

Assessment in Legal Education: Global Critical Perspectives

Contact:

This cluster is focused on developing a series of books that provide a global view of assessment in legal education in common law jurisdictions. Each volume in the series will highlight innovative research, theory and practice, as well as the regulatory issues and cultural and social practices that affect assessment in legal education. They will also focus on a single jurisdiction and provide:

  • a broad representative sample of assessment practices and thinking in legal education within a jurisdiction
  • insights into how assessment can be used effectively in legal education across jurisdictions
  • appreciation of the multi-disciplinary and interdisciplinary research bases that are emerging in the field of assessment generally, and
  • analyses and suggestions of how assessment innovations may be transferred from one jurisdiction to another.

 


Assessment in Legal Education: Global Critical Perspectives

We aim to publish books that evidence at least some of the following themes and traits:

  • Disciplinary grounding
    Our series will investigate the relation between more conventional ‘signature pedagogies’ and ‘signature assessments’, and new approaches to learning and its assessment.  This investigation will not be historical alone: essential as it is to understand how our practices have come to be as they are, the series will point to useful directions for the future of legal education assessment, in the wider context of academic, professional, and legal educational global and local change. 
  • Assessment, collaboration and social relations
    Many new forms of educational practice such as games, simulations, and PBL are often highly social and collaborative.  While there is much published on such areas in other disciplines, eg medical education, there is little in legal education; and we aim to change that. 
  • Design-led assessment
    One of the significant differences between conventional teaching and assessment is the design work that links learning and assessment and that goes beyond conventional ideas of alignment.  Our series will seek out innovative examples of design-led assessment in all forms of legal education. 
  • Innovative research methodologies
    We encourage all forms of action research (practice research, participatory action research, action science, etc) as well as the challenging of conventional approaches to educational theory and constructs of assessment. 

Each volume will be edited by a legal educator local to the jurisdiction, and the volume may be the output of a jurisdictional-wide conference or workshop.  The editor will write an interpretive Introduction setting out for that jurisdiction the:

  • major social and institutional pressures on assessment
  • educational challenges & successes
  • regulatory issues and the position of regulators vis-à-vis assessment
  • future directions of educational theory and practice within legal education assessment.

This would form a template for each volume’s introduction, and help readers to compare across jurisdictions on these and similar issues.  We would also ask editors to engage jurisdictional regulators to contribute on assessment from their perspective, having read the draft contributions (which will be available from the PEARL research cluster platform, Asana).  

We aim to publish volumes on at least seven jurisdictions, with the final volume gathering up and stating core themes for the future.  Our first volume, on England and Wales, will be published in PEARL Press in 2016, followed by a volume on the USA.  The series will thus be an international resource for academics, students, regulators, accreditors, educationalists, educators, technologists and legal librarians.  It will bring together some of the best contemporary commentators to challenge, inform and critique assessment of legal education globally.

 

Wellbeing

Contact: Stephen Tang

The Wellbeing research cluster explores how law students, legal professionals and other legal actors think, feel and act in their law-related roles and contexts in positive and negative ways. The project will examine how psychological wellbeing and mental health are directly affected by legal education and practice. It will also apply psychological methods and theory to understand the personal and social processes which help law students and lawyers to develop and thrive not only as ethical, competent professionals but also critical, creative, reflective and values-oriented people.


Developing and evaluating a ‘Curriculum on Legal Ignorance‘: Effects on professional development and wellbeing

The first output for this project is an article in the University of New South Wales Law Journal Tang, S. and Foley, T (2014). The practice of law and the intolerance of certainty, 37, 3 UNSW Law Review 1198. Further work is planned for 2016.

Project leader: Stephen Tang
Collaborators: Tony Foley
Psychological wellbeing and distress in ANU GDLP/MLP students and the application of Self-Determination Theory

This project is in data analysis phase.

Project leader: Stephen Tang
Collaborators: Anneka Ferguson

Transitions to Practice

Contact:

The Protégé Effect

This project will build on the learnings from the experiences of Protégé.

Project leader: Marianne Dickie
Protégé

This project will assess the efficacy of Protégé, an online community of practice designed for early career Australian migration agents.

Project leader: Marianne Dickie
Peer Support for Practice

This project will examine lessons learned and research into communities of practice to determine how they can be integrated within a capstone course curriculum that will combine individual cognition and socio-cultural learning for large cohorts of students.

Project leader: Marianne Dickie
Supervised Legal Practice in Victoria (Australia)

The Legal Profession Act 2004 (Vic) requires newly admitted lawyers to complete between 18 months and 2 years of 'supervised legal practice' before becoming eligible for a full practising cetrtificate. The Act does not define 'supervision' and policy guidelines are vague and general. By reference to other jurisdictions, this project seeks to lend substance to the supervision requirement to ensure that, for junior lawyers, their developmental opportunities are real, rather than just a matter of serving time.

Project leader: Tracey Mylecharane
Collaborators: Craig Collins
Transition to Professional Practice Project

This project examines the experiences of new lawyers in their first year of practice, specifically how they make the transition from student to lawyer and develop their professional identity. 

Project leader: Tony Foley

The legal mind network: History; theory and pedagogy of legal reasoning

Contact:

Imagination, communication and cognition are not words normally associated with legal reasoning but they are concepts that lie at the heart of legal analysis and legal education. These concepts are the focus of a network, The Legal Mind Network, set up by Maksymilian Del Mar at Queen Mary University of London, to explore fresh ways of thinking about legal reasoning and its teaching.  The ANU College of Law’s Centre for Professional Education and Regulation in Law is collaborating with the Queen Mary and the University of Toronto Faculty of Law in this cross-disciplinary inquiry into legal reasoning and its teaching, combining both contemporary accounts and pedagogical challenges with comparative and historical themes.

Three workshops will be held by the collaborating institutions on the history, theory and pedagogy of legal reasoning. These workshops will bring together scholars from a range of different disciplines all interested in legal reasoning – with a focus on discussing common themes as well as differences in the history and theory of the practice of legal reasoning and its teaching  Papers from the conferences will be published.


Legal Reasoning and Cognition: History, Theory and Pedagogy

Toronto 2018: mid-June, organiser Simon Stern

Legal Reasoning and Imagination: History, Theory and Pedagogy

London, 15 June 2016, organiser Maksymilian Del Mar

Legal Reasoning and Communication: History, Theory and Pedagogy

Canberra 2017. Mid-June, organiser Paul Maharg.

Simulation in legal education

Contact:

Simulation is still a relatively rare method of legal education.  It does not form part of the 'signature pedagogy' of law, nor of its 'signature assessment' culture.  This cluster aims to change that. Through a number of projects involving a range of disciplines and professions, this cluster investigates how simulation can be designed for legal education, its effects on learning and assessment and its wider role within education in the community of the law.  Projects will aim to investigate how, through simulation, legal education can move beyond merely acquiring knowledge to forms of participation that include, in John Dewey's terms, doing, becoming and belonging.


Simulated clients - transforming the culture of skills and knowledge learning and assessment

Simulated clients are non-lawyers who are trained to play the role of clients and others (eg witnesses) and are used in a variety of different learning and assessment roles in legal education.  While there have been a number of positive studies in different jurisdictions regarding the design and use of simulated clients in educational settings, there has not been an international overview of the way they are used in different jurisdictions, or their effectiveness in educating and assessing law students and lawyers. This project is focused around hosting an international workshop at the ANU College of Law on simulated clients, and a subsequent peer-reviewed collection of workshop proceedings.

Digital simulation engine: the next generation

This project seeks to build on the experience of other institutions that have constructed digital simulation engines such as SIMPLE (SIMulated Professional Learning Environment) in Scotland, Cyberdam in the Netherlands, and VOS (Virtual Office Space) in Australia. Funding is being sought to specify and design a new-generation engine, scalable, with open architecture and capable of supporting multiple forms of digital simulations across a variety of professions, build, test and evaluate student learning upon this platform, and publish the research findings.

Problem-based learning in legal education

Contact:

Problem-based learning (PBL) is an effective and powerful method of learning the intellectual structure and skills of a discipline and a profession. It derives largely from the medical and health sciences.  This cluster explores how a number of different law schools are approaching PBL, the variety of methods they use, the variation between practices, the achievements of students, the place of ethics and moral values in a PBL curriculum, and the effects on academics and other staff in the law school. The ANU College of Law is developing its own PBL program and is forming links with other law schools implementing similar learning approaches, including York Law School and Nottingham Law School in the United Kingdom.


Edited book

An edited book on problem based learning in the teaching of law will be produced by PEARL Press, comprising the papers given at the conference.

Workshop or conference

A workshop or conference will be held in 2017, on problem based learning in Law.

Legal writing

Contact: Craig Collins

The Legal Writing research cluster explores theoretical, historical and practical dimensions to legal writing, including how legal writing is shaped by technology and developed by legal education.

The research seeks to place legal writing within the broader historical and theoretical framework of law, discourse and social analysis and, at a practical level, proposes strategies and interventions for assisting law students and lawyers to develop technical proficiency with the art of the written word.


Learning by writing in Law - a fresh approach to legal writing practices in the academy

This project seeks to research how writing can support student learning in Law.  It takes as its departure point recent research by Spirgel and Delaney which shows that before students can 'write to learn they must first learn to write'.  Our pilot research project will set out to determine if this is true of writing practices in Australian law schools.

Project leader: Craig Collins
The DNA of Legal English – What the evolution of law and language tells us about effective legal communication today

Just as DNA analysis can tell genealogical stories and explain ways of being for living individuals, exploring the evolutionary path of the common law tradition can yield fresh insights into effective legal communication today.

Project leader: Craig Collins

Future justice

Contact: Scott Chamberlain

The Future Justice cluster examines the impact of technology upon law and legal practice at multiple levels. It includes:

  • predicting how technology can generate a restructuring of justice systems in modern societies
  • examining the impact of technology upon lawyers, law firms and the regulation of legal professions, and
  • the application of argument-mapping techniques towards achieving more effective e-discovery for modern litigation.

Project 4: Argument mapping and e-discovery

This project will test the hypothesis that argument mapping results in more effective e-discovery.

Project leader: Scott Chamberlain
Project 3: The Rise of Legal Entrepreneurism

This project introduces and develops the concept of Justice Divided as a concept for analysing and developing new ways of doing law and delivering justice as technology revolutionises the legal profession.

Project leader: Scott Chamberlain
Project 2: Justice 2.0

This project analyses and predicts the impact technology could and should have on the way modern societies structure their justice systems.

Project leader: Scott Chamberlain
Project 1: Future of Law

This project examines the potential impact of technology on lawyers, law firms and the regulation of the legal profession.

Project leader: Scott Chamberlain

The Centre for Profession, Education and Regulation in Law is committed to open access, and to disseminating its research as widely as possible through print and electronic publication. The Centre’s publications are published in a variety of formats, with peer-reviewed research published through the PEARL Press Monograph Series, under the aegis of the ANU Press. The PEARL Discussion Paper Series is published in the ANU Digital Collections. Research associated with the work of Centre researchers published elsewhere is available through External Publications

The Centre is keen to explore new formats and genres of academic research with researchers, and so our PEARL Press Board remains open to the possibility and potential of publishing new types of research and research content.  This is in keeping with ANU Press's own policy on innovative forms of academic publication. The Centre’s publication policies and processes for peer review are overseen by the PEARL Press Editorial Board.  To discuss any aspect of publication or publication projects, please contact Paul Maharg, Chair of the Editorial Board.

PEARL Press monographs

Our PEARL Press Monograph series publishes a variety of academic texts -- single-author monographs, edited collections, gatherings of research results, analyses of policy on major themes or issues, the proceedings of workshops or conferences, or reports on major pieces of consultancy research. All PEARL Press books are peer-reviewed, a process overseen by the PEARL Press Editorial Board, and published through ANU Press for print-on-demand sale and for free download in PDF, HTML and mobile device formats. 

Publication is normally undertaken only where there is a link with the activities of the Centre, or with the ANU College of Law. However, the Centre is open to new ideas, genres, or texts in any of the three areas of its activities, namely legal education, the legal profession and the regulation of both.  Book publication proposals can be sent to the Chair of the Editorial Board, Paul Maharg.

Discussion paper series

Informal papers produced by members of the Centre as a result of the research they are undertaking and reviewed by the PEARL Press Editorial Board before publication, but not peer-reviewed, are published in ANU Digital Collections under the category of PEARL Centre Discussion Papers. Authors and titles are listed below that in chronological order.

External publications

The following publications by Centre researchers have been published outside the PEARL Press Monographs, Journal and Discussion Paper Series. They include books, book chapters, journal articles, reports, slide sets and, in the future, will include datasets as well. The listing is alphabetical by author, starting in 2016.

2017

2016

2015

11
Jan
2016
Author(s): Margaret Thornton

‘Work/life balance’ (WLB) emerged as the catchcry of workers everywhere in the late 20th century. It was particularly appealing to women lawyers as it was thought that if a balance could be effected between work and life, satisfying careers and the raising of children could be combined. The key to effecting this balance, it was believed, was flexible work. Technology has facilitated this flexibility as all that is required is a computer, or other device with internet connection, and a mobile phone. Provided that the firm is agreeable, the lawyer would have a degree of autonomy in determining when and where the work is carried out. However, flexible work has not always proved to be the boon that was hoped, for the shift from face-time to virtual time has blurred the boundary between work and life, insidiously extending the hours of work and impinging on the realm of intimacy. Drawing on a web-based survey and interviews with lawyers Australia-wide, this article considers the ramifications of perpetual connectivity for lawyers in private practice, with particular regard to its gender significance.

Centre: PEARL
Research theme: The Legal Profession
05
Mar
2014
Author(s): Margaret Thornton

State disinvestment in higher education has been a notable characteristic of neoliberalism all over the world and the corporatization of universities has been the typical response. It has led to a proliferation of law schools with students paying high fees. Corporatization has also engendered a culture of relentless competition between universities, which manifests itself in league tables and rankings. The pursuit of prestige has compelled law schools to prioritize research over teaching, which poses a dilemma for what is taught and how it is taught. The contradictions of the corporatization thesis are graphically illustrated by the experiences of Australia, which might be described as the canary in the mine shaft. While corporatization plays out differently in decentralized regimes with a substantial private sector, such as the United States, its impact on the legal academy has been similarly profound. The dilemmas posed by corporatization for the legal academy require considered scholarly attention.

Centre: PEARL
Research theme: Legal Education

Activities archive

24
Oct
2017
No Law Degree Required? Honorary Professor Paul Maharg

Honorary Professor Paul Maharg gave a paper on legal education regulation in Osgoode Professional Development, downtown Toronto. Entitled ‘No law degree required? Changes in solicitor licensing in England and Wales’ it focused on the forthcoming changes to assessment of professional education, and how it may affect undergraduate undergraduate legal education in England & Wales as well as professional; and the extent to which other jurisdictions may follow the innovations.

15
Aug
2017

Dr Liz Curran delivered conference papes and ran workshops throughout the UK, Ontario Canada and Washington DC & New York City on HJP in the second half of 2016.  HJPs involve lawyers working alongside health and allied health professionals to reach clients with a range of problems capable of legal solutions e.g. debt, family violence, poor housing, consumer issues, care and protection, human rights, and social supports.  She explained the model, how it works, research showing why it works, and share some lessons learned and resources. See SSRN for the range of papers delivered and the audieces.

1
Aug
2017
Dr Curran 'expert adviser' to the Law Council of Australia's 'Justice Project'

Dr Curran was appointed in February 2017 as 'expert adviser' to the Law Council of Australia's 'Justice Project'. The Law Council of Australia is undertaking a comprehensive national review into the impediments to justice in Australia, focussing on those facing significant social and economic disadvantage in community. The work will culminate in a Final Report at the end of November 2017 following a literature review and consultation process.

 

5
Jul
2017
International Journal of Clinical Legal Education Conference

Dr Liz Curran, Associate Director of the ANU Centres for the Profession, Education and Regulation in Law (PEARL)  presented in an international interdisciplinary collaboration with the Head of Law and the Head of Nursing, University of Portsmouth on IDSC at the International Journal of Clinical Legal Education Conference, Northumbria University UK . 2 July – 5 July.  

International Journal of Clinical Legal Education Conference

3
May
2017
Paul Maharg - Appointment to Osgoode Hall, Toronto

Paul Maharg has left the ANU College of Law for the post of Distinguished Professor of Practice - Legal Education at Osgoode Hall Law School, York University, Toronto. He has therefore stepped down from the directorship of PEARL. Paul said of the move 'it's been a privilege to have spent the last four years working with colleagues in the ANU College of Law, particularly those in Legal Workshop, and of course in PEARL. Our dean has offered me the post of Honorary Professor which I've accepted, so I'll be continuing to work with people in ANU, and helping to build strong international links between PEARL and networks in Canadian Legal Education.

25
Apr
2017

Paul Maharg gave two papers at the BILETA (British & Irish Legal Education Technology Association) Conference, held this year in the Universidade do Minho, Braga, Portugal. The first was entitled 'Legal scholarship and OA publishing: developing radical pathways to free, open models'. It was co-written with his co-editor at the European Journal of Law and Technology, Abhilash Nair (Strathclyde University) and with Catherine Easton (Lancaster University), who is editor of the European Journal of Current Legal Issues. Both journals are entirely open and free online. The second paper was co-written with Dirk Rodenburg (Queen's University, Ontario) and Robert Clapperton (Ametros Learning), and was entitled 'The cognitive revolution in simulation for academic and professional education: an implementation and its implications'. The legal education stream was liveblogged by Paul on his blog at http://paulmaharg.com and there are final thoughts on the conference at http://paulmaharg.com/2017/04/25/bileta-2017-final-thoughts-the-redress-of-legal-education/

28
Feb
2017
Dr Curran appointed Senior Fellow Nottingham Trent University

Dr Curran  appointed Senior Fellow, Nottingham Trent University (2017-2022) based at the Centre for Legal Education with Director, Professor Jane Chin

28
Feb
2017
New Approaches to Lawyering

Facilitated interactive sessions/workshops/roundtables including at the Centre for Legal Education of Nottingham Trent University Law School where Dr Liz Curran is Senior Fellow (2017-2022) bringing together different agencies, students, academics, regulators, policy makers, the profession etc. to discuss new and emerging but effective ways of delivering justice and legal services given problems with the adversarial system. - discuss opportunities to collaborate on health justice partnerships, interdisciplinary clinics, problem solving courts, therapeutic, restorative justice including conflict conferencing, justice reinvestment and other ways of doing justice + ethical issues.

New Approaches to Lawyering

2
Jan
2017
Dr Curran - Grant Assessor for the Victorian LSB

Dr Liz Curran has been working as a Grant Assessor for the Victorian Legal Service Board and Commissioners (LSB) since June 2011.

10
Nov
2016
Liz Curran presenting at the Law Centres UK National Conference

Liz Curran, presently on sabbatical in the UK, is attending the Law Centres UK National Conference in N. Ireland where she is giving two workshops:

1.      Seminar Thursday 10 November 2016 ‘Reaching those most in need and those currently excluded from legal help: Health Justice Partnerships’. This seminar will discuss Health Justice Partnerships (HJP) and Multi-Disciplinary Practice (MDP) in Australia with a focus on Dr Curran’s recent research and evaluation and her own practical experience working in a HJP in Australia for ten years as well as her current work at Consumer Action Law Centre. It will explore MDP, specifically health justice partnerships and lessons emerging in Australia from an evidence base, practice and research experience.’

2.      Workshop Friday 11 November 2016 ‘Measuring Impact and evaluation – how and why? and some tips’. This workshop will be a practical workshop about why evaluation is key. It will flag some of the challenges of measuring impact. The workshop will flag some ‘how to’s’ from a vantage point of agencies who have limited resources but which would like to provide evidence of what they do, why they do it and how it has an impact, thus building an evidence base for what works well and why.

6
Nov
2016
Oxford: Realizing the right to health for the most disadvantaged

PEARL researcher Dr Liz Curran presents to the Oxford Human Rights Hub on Realizing the right to health for the most disadvantaged

3
Nov
2016
Book Launch: Being Well in the Law - A Guide for Lawyers

On 3 November the NSW Law Society will be hosting a launch for the first wellbeing self-help guide for the legal profession. The guide is a co-publication of the Law Society of NSW, NSW Young Lawyers and the ANU College of Law. It is edited and written by PEARL researchers Tony Foley, Vivien Holmes, Colin James, Margie Rowe and Stephen Tang (with Professor Ian Hickie of the University of Sydney).

8
Sep
2016
Oxford: Society of Legal Scholars conference

In early September two members of PEARL will be presenting at the Society of Legal Scholars conference at Oxford University.

  • Professor Paul Maharg (Director, PEARL) will be presenting with Dirk Rodenburg (Queen’s University, Ontario) on The Redress of Legal Education, and
  • Craig Collins and Paul Maharg will be participating on an expert panel of four legal education scholars about Technology and the Future of Legal Education – this follows on from a special edition of The Law Teacher (UK) edited by Paul and including papers from Paul and Craig, together with colleagues from the USA, UK and Australia.
16
Jun
2016
London: One day workshop

Imagination and Legal Reasoning: History, Theory, Pedagogy: An International, Interdisciplinary, One-Day Workshop (Queen Mary London)

Follow Paul Maharg's live blog.

This event is part of the ‘Legal Mind Network’, founded by Dr Maks Del Mar, Reader in Legal Theory at Queen Mary University of London. This network is an international collaboration between the Department of Law, QMUL, the Faculty of Law at the University of Toronto and the PEARL Centre at the ANU College of Law, Australian National University. The network explores the theory and history of legal reasoning and its teaching, under the heading of three concepts: Imagination, Communication and Cognition.

A triad of workshops is planned:

  • London 2016: ‘Legal Reasoning and Imagination: History, Theory and Pedagogy’ (June, 2016, organiser Dr. Maks Del Mar)
  • Canberra 2017: ‘Legal Reasoning and Communication: History, Theory and Pedagogy’ (June, 2017, organiser Professor Paul Maharg)
  • Toronto 2018: ‘Legal Reasoning and Cognition: History, Theory and Pedagogy’ (June, 2018, organiser Professor Simon Stern)
15
Jun
2016

The Legal Mind Network a collaboration of PEARL, Queen Mary University of London, and the Faculty of Law at the University of Toronto will begin with the first Workshop hosted by Queen Mary London on the theme: Imagination and Legal Reasoning: History, Theory, Pedagogy.

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