Teaching and using analogy in law

Analogy plays a central role in legal reasoning, yet how to analogize is poorly taught and poorly practiced. We all recognize when legal analogies are being made: when a law professor suggests a difficult hypothetical in class and a student tentatively guesses at the answer based on the cases she read the night before, when an attorney advises a client to settle because a previous case goes against him, or when a judge adopts one precedent over another on the basis that it better fits the present case. However, when it comes to explaining why certain analogies are compelling, persuasive, or better than the alternative, lawyers usually draw a blank. The purpose of this article is to provide a simple model that can be used to teach and to learn how analogy actually works, and what makes one analogy superior to a competing analogy. The model is drawn from a number of theories of analogy making in cognitive science. Cognitive science is the “long-term enterprise to understand the mind scientifically.” The field studies the mechanisms that are involved in cognitive processes like thinking, memory, learning, and recall; and one of its main foci has been on how people construct analogies. The lessons from cognitive science theories of analogy can be applied to legal analogies to give students and lawyers a better understanding of this fundamental process in legal reasoning.

Teaching and assessing ethics and social responsibility in undergraduate science : a position paper

Institutional graduate capabilities and discipline threshold learning outcomes require science students to demonstrate ethical conduct and social responsibility. However, neither the teaching nor the assessment of these concepts is straightforward. Australian chemistry academics participated in a workshop in 2013 to discuss and develop teaching and assessment in these areas and this paper reports on the outcomes of that workshop. Controversial issues discussed included: How broad is the mandate of the teacher, how should the boundaries between personal values and ethics be drawn, and how can ethics be assessed without moral judgement? In this position paper, I argue for a deep engagement with ethics and social justice, achieved through case studies and assessed against criteria that require discussion and debate. Strategies to effectively assess science students’ understanding of ethics and social responsibility are detailed.

Liminal moments : designing, thinking and learning

This paper provides a contextual reflection for understanding best practice teaching to first year design students. The outcome (job) focussed approach to higher education has lead to some unanticipated collateral damage for students, and in the case we discuss, has altered the students’ expectations of course delivery with specific implications and challenges for design educators. This tendency in educational delivery systems is further compounded by the distinct characteristics of Generation Y students within a classroom context. It is our belief that foundational design education must focus more on process than outcomes, and through this research with first year design students we analyse and raise questions relative to the curriculum for a Design and Creative Thinking course—in which students not only benefit from learning the theories and processes of design thinking, conceptualisation and creativity, but also are encouraged to see it as an essential tool for their education and development as designers. This study considers the challenges within a design environment; specifically, we address the need for process based learning in contrast to the outcome-focused approach taken by most students. With this approach, students simultaneously learn to be a designer and rethink their approach to “doing design”.

Personal Epistemologies and Teaching

Over the last three decades, a growing body of research related to epistemic beliefs has been identified as a crucial for understanding teaching and learning (Yadav, Herron, & Samarapungavan, 2011). In particular, research related to beliefs about teaching, learning and knowledge has been considered important for understanding why teachers engage in certain approaches to pedagogy, curriculum and assessment in classrooms (Stromlo & Bråten, 2011). The beliefs held by teachers about knowledge and knowing, otherwise known as personal epistemology (Hofer, 2010), have been shown to influence other knowledge and beliefs (Schommer-Aikens, 2004). Five and Buehl (2012) indicated that because an individual’s understanding of reality is always seen through the lens of existing beliefs, the role of beliefs as a filter is particularly relevant in the context of teacher education. That is, if beliefs influence how individuals interpret new information and experiences, preservice and practicing teachers’ beliefs shape what and how they learn about teaching.” (p. 470-480). It is likely that such beliefs have an important relationship with teacher knowledge and practices...

Learning in and out of university : Aboriginal and Torres Strait Islander students’ conceptions and strategies used to learn

Research suggests that students’ approaches to learning and learning outcomes are closely related to their conceptions of learning. This paper describes a phenomenographically inspired investigation into conceptions of formal learning held by 22 Aboriginal and Torres Strait Islander students from three Australian universities in Queensland; experiences of informal learning, reasons for studying and strategies used to learn were also investigated. The attrition rate for these students in tertiary education is higher than that of any other group of students. It was hoped that information gained may delineate factors that contribute to high attrition rates and therefore inform courses of action that may lead to improved teaching and learning practices for these students. Additionally, success in tertiary education for Aboriginal and Torres Strait Islander students may increase their involvement in mainstream society. Results showed that they view and approach university learning in much the same way as other university students. It was also apparent that, generally, the strategies these students used did not match the conceptions of learning they held. An interesting result was the difference between the conceptions of formal learning and explanations of informal learning

Teacher and student readiness to use Facebook for learning in an adult vocational educational setting

The factors influencing both teacher and student readiness to use Facebook as part of their teaching and learning in a vocational educational institution were studied through a qualitative case study. Data included teacher and student questionnaire and focus group interviews. While it was found that the students demonstrated readiness and willingness to incorporate Facebook into their current learning, the teachers were more reluctant. Different perceptions around control of learning, time, and concerns around compartmentalisation of learning and social lives would need to be addressed before Facebook could be used as a formal learner engagement strategy.

Setting limits to laughter : university teaching and the boundaries of humour

This paper forms one part of a broadly-based study into the use of humour within tertiary teaching. One theme to emerge from semi-structured, in-depth interviews with university academics concerns the setting of boundaries to the appropriate use of humour within lectures and tutorials. Following the ‘benign violations’ theory of humour—wherein, to be funny, a situation/statement must be some kind of a social violation, that violation must be regarded as relatively benign, and the two ideas must be held simultaneously—this paper suggests that the willingness of academics to use particular types of humour in their teaching revolves around the complexities of determining the margins of the benign. These margins are shaped in part by pedagogic limitations, but also by professional delimitations. In terms of limitations, the boundaries of humour are set by the academic environment of the university, by the characteristics of different cohorts of students, and by what those students are prepare to laugh at. In terms of delimitations—where humour choice is moderated, not by the possibility of immediate laughter, but rather by the consequences of that choice—academic seniority and security play a large role in determining what kinds of humour will be used, and where boundaries are to be set. The central conclusion here is that formal maxims of humour use—‘Never tease students’, ‘Don’t joke about potentially sensitive issues’—fail to account for the complexity of teaching relationships, for the differences between student cohorts, and for the talents and standing of particular teachers.

Teaching and Assessing for Understanding at University in the South Pacific

Pacific people have their own unique ways of knowing that shape how they learn and this should be taken into account in planning curriculum and in teaching. Pacific people are more likely to want to learn by doing, seeing, collaborating and in a concrete environment whereas for Western students learning becomes formal quickly and depends more on words and theories. This assumed difference in learning preferences could present a problem for formal learning with the need to bridge the gap psychologically and epistemologically between concrete and formal modes of learning. It could be the reason why some students in the Pacific, even at the tertiary level, rely heavily on rote learning. This chapter is a discussion of learning and assessment practices that help to foster understanding as they might apply to teaching at university in the South Pacific.

Workplace Learning in Physical Education : Emerging Teachers’ Stories from the Staffroom and Beyond

Pre-service and beginning teachers have to negotiate an unfamiliar and often challenging working environment, in both teaching spaces and staff spaces. Workplace Learning in Physical Education explores the workplace of teaching as a site of professional learning. Using stories and narratives from the experiences of pre-service and beginning teachers, the book takes a closer look at how professional knowledge is developed by investigating the notions of ‘professional’ and ‘workplace learning’ by drawing on data from a five year project. The book also critically examines the literature associated with, and the rhetoric that surrounds ‘the practicum’, ‘fieldwork’ ‘school experience’ and the ‘induction year’. The book is structured around five significant dimensions of workplace learning: Social tasks of teaching and learning to teach Performance, practice and praxis Identity, subjectivities and the profession/al Space and place for, and of, learning Micropolitics As well as identifying important implications for policy, practice and research methodology in physical education and teacher education, the book also shows how research can be a powerful medium for the communication of good practice. This is an important book for all students, pre-service and beginning teachers working in physical education, for academics researching teacher workspaces, and for anybody with an interest in the wider themes of teacher education, professional practice and professional learning in the workplace.

Towards a potential model to enhance language learner autonomy in the Vietnamese higher education context

This constructivist theory-led case study explored how the term language learner autonomy (LLA) is interpreted and the appropriate pedagogy to foster LLA in the Vietnamese higher education context. Evidence through the exploration of the government policies and the cases of three EFL classes confirms the interpretation that learner autonomy and language acquisition are mutually supported. The study has proposed project work as a potential model while demonstrating the role of the teacher and the use of target language as mediators to enhance LLA in the local context. Findings of the study contribute a theoretical and pedagogical justification for encouraging LLA in Vietnam and other similar contexts.

Teaching manufacturing engineering at tertiary institutions in conjunction with engineering design and engineering materials

Tertiary institutions now face serious challenges. Modern industry requires engineering graduates with strong knowledge of modern technologies, highly practical focus, management skills, ability to work individually and in a team, understanding of environmental issues and many other skills and graduate attributes. Institutions in the tertiary sector change courses and modify curriculum to reflect challenges of the modern industry and make engineering graduates better prepared for the “real world”. Queensland University of Technology in the recent years introduced an innovative structure of engineering courses with a common core for Bachelor of Engineering Mechanical, Infomechatronics and Medical, where manufacturing is taught in conjunction with engineering design and engineering materials. In this paper we discuss the innovative curriculum structure, teaching and learning approaches of coherent delivery of manufacturing in conjunction with engineering design and

Mentors and modelling primary science teaching practices

Introduction There are concerns about the science performance of Australian primary school students (Good rum, Hackling & Rennie, 2001), which requires a “major set of initiatives that focus on teacher beliefs and practices in the teaching and learning of science” (Sharpley, Tytler & Conley, 2000, p. 1). The science education community is calling for a “new approach” to science education in American schools, with an approach where a “mentor models, then coaches, then scaffolds, and then gradually fades scaffolding” (Barab & Hay, 2001, pp. 74, 90). The mentor, as modeller of practice, appears to be a key factor for enhancing science teaching, which may assist towards implementing science education reform

Teaching independent learning skills in the first year: A positive psychology strategy for promoting law student well-being

Empirical evidence in Australia and overseas has established that in many university disciplines, students begin to experience elevated levels of psychological distress in their first year of study. There is now a considerable body of empirical data that establishes that this is a significant problem for law students. Psychological distress may hamper a law student’s capacity to learn successfully, and certainly hinders their ability to thrive in the tertiary environment. We know from Self-Determination Theory (SDT), a conceptual branch of positive psychology, that supporting students’ autonomy in turn supports their well-being. This article seeks to connect the literature on law student well-being and independent learning using Self-Determination Theory (SDT) as the theoretical bridge. We argue that deliberate instruction in the development of independent learning skills in the first year curriculum is autonomy supportive. It can therefore lay the foundation for academic and personal success at university, and may be a protective factor against decline in law student psychological well-being.

Pedagogical tools designed to promote engagement and active learning in the biomedical sciences and allied health disciplines

Perceiving students, science students especially, as mere consumers of facts and information belies the importance of a need to engage them with the principles underlying those facts and is counter-intuitive to the facilitation of knowledge and understanding. Traditional didactic lecture approaches need a re-think if student classroom engagement and active learning are to be valued over fact memorisation and fact recall. In our undergraduate biomedical science programs across Years 1, 2 and 3 in the Faculty of Health at QUT, we have developed an authentic learning model with an embedded suite of pedagogical strategies that foster classroom engagement and allow for active learning in the sub-discipline area of medical bacteriology. The suite of pedagogical tools we have developed have been designed to enable their translation, with appropriate fine-tuning, to most biomedical and allied health discipline teaching and learning contexts. Indeed, aspects of the pedagogy have been successfully translated to the nursing microbiology study stream at QUT. The aims underpinning the pedagogy are for our students to: (1) Connect scientific theory with scientific practice in a more direct and authentic way, (2) Construct factual knowledge and facilitate a deeper understanding, and (3) Develop and refine their higher order flexible thinking and problem solving skills, both semi-independently and independently. The mindset and role of the teaching staff is critical to this approach since for the strategy to be successful tertiary teachers need to abandon traditional instructional modalities based on one-way information delivery. Face-to-face classroom interactions between students and lecturer enable realisation of pedagogical aims (1), (2) and (3). The strategy we have adopted encourages teachers to view themselves more as expert guides in what is very much a student-focused process of scientific exploration and learning. Specific pedagogical strategies embedded in the authentic learning model we have developed include: (i) interactive lecture-tutorial hybrids or lectorials featuring teacher role-plays as well as class-level question-and-answer sessions, (ii) inclusion of “dry” laboratory activities during lectorials to prepare students for the wet laboratory to follow, (iii) real-world problem-solving exercises conducted during both lectorials and wet laboratory sessions, and (iv) designing class activities and formative assessments that probe a student’s higher order flexible thinking skills. Flexible thinking in this context encompasses analytical, critical, deductive, scientific and professional thinking modes. The strategic approach outlined above is designed to provide multiple opportunities for students to apply principles flexibly according to a given situation or context, to adapt methods of inquiry strategically, to go beyond mechanical application of formulaic approaches, and to as much as possible self-appraise their own thinking and problem solving. The pedagogical tools have been developed within both workplace (real world) and theoretical frameworks. The philosophical core of the pedagogy is a coherent pathway of teaching and learning which we, and many of our students, believe is more conducive to student engagement and active learning in the classroom. Qualitative and quantitative data derived from online and hardcopy evaluations, solicited and unsolicited student and graduate feedback, anecdotal evidence as well as peer review indicate that: (i) our students are engaging with the pedagogy, (ii) a constructivist, authentic-learning approach promotes active learning, and (iii) students are better prepared for workplace transition.

Multidisciplinary review of teaching and assessing competency attainment by non-medical prescribers

Background Prescribing is a complex task, requiring specific knowledge and skills, and the execution of effective, context-specific clinical reasoning. Systematic reviews indicate medical prescribing errors have a median rate of 7% [IQR 2%-14%] of medication orders [1-3]. For podiatrists pursuing prescribing rights, a clear need exists to ensure practitioners develop a well-defined set of prescribing skills, which will contribute to competent, safe and appropriate practice. Aim To investigate the methods employed to teach and assess the principles of effective prescribing in the undergraduate podiatry program and compare and contrast these findings with four other non-medical professions who undertake prescribing after training at Queensland University of Technology. Method The NPS National Prescribing Competency Standards were employed as the prescribing standard. A curriculum mapping exercise was undertaken to determine whether the prescribing principles articulated in the competency standards were addressed by each profession. Results A range of methods are currently utilised to teach prescribing across disciplines. Application of prescribing competencies to the context of each profession appears to influence the teaching methods used. Most competencies were taught using a multimodal format, including interactive lectures, self-directed learning, tutorial sessions and clinical placement. In particular clinical training was identified as the most consistent form of educating safe prescribers across all five disciplines. Assessment of prescribing competency utilised multiple techniques including written and oral examinations and research tasks, case studies, objective structured clinical examination exercises and the assessment of clinical practice. Effective and reliable assessment of prescribing undertaken by students in diverse settings remains challenging e.g. that occurring in the clinical practice environment. Conclusion Recommendations were made to refine curricula and to promote efficient cross-discipline teaching by staff from the disciplines of podiatry, pharmacy, nurse practitioner, optometry and paramedic science. Students now experience a sophisticated level of multidisciplinary learning in the clinical setting which integrates the expertise and skills of experience prescribers combined with innovative information technology platforms (CCTV and live patient assessments). Further work is required to establish a practical, effective approach to the assessment of prescribing competence especially between the university and clinical settings.