Governmentality and the reflection of legal educators : assessment practices as a case study

This paper presents a conceptual framework, informed by Foucault’s work on governmentality, which allows for new kinds of reflection on the practice of legal education. Put simply, this framework suggests that legal education can be understood as a form of government that relies on a specific rationalisation and programming of the activities of legal educators, students, and administrators, and is implemented by harnessing specific techniques and bodies of ‘know-how’. Applying this framework to assessment at three Australian law schools, this paper highlights how assessment practices are rationalised, programmed, and implemented, and points out how this government shapes students’ legal personae. In particular, this analysis focuses on the governmental effects of pedagogical discourses that are dominant within the design and scholarship of legal education. It demonstrates that the development of pedagogically-sound regimes of assessment has contributed to a reformulation of the terrain of government, by providing the conditions under which forms of legal personae may be more effectively shaped, and extending the power relations that achieve this. This analysis provides legal educators with an original way of reflecting on the power effects of teaching the law, and new opportunities for thinking about what is possible in legal education.

Standards-driven reform years 1-10 : moderation an optional extra?

While externally moderated standards-based assessment has been practised in Queensland senior schooling for more than three decades, there has been no such practice in the middle years. With the introduction of standards at state and national levels in these years, teacher judgement as developed in moderation practices is now vital. This paper argues, that in this context of assessment reform, standards intended to inform teacher judgement and to build assessment capacity are necessary but not sufficient for maintaining teacher and public confidence in schooling. Teacher judgement is intrinsic to moderation, and to professional practice, and can no longer remain private. Moderation too is intrinsic to efforts by the profession to realise judgements that are defensible, dependable and open to scrutiny. Moderation can no longer be considered an optional extra and requires system-level support especially if, as intended, the standards are linked to system-wide efforts to improve student learning. In presenting this argument we draw on an Australian Research Council funded study with key industry partners (the Queensland Studies Authority and the National Council for Curriculum and Assessment of the Republic of Ireland). The data analysed included teacher interview data and additional teacher talk during moderation sessions. These were undertaken during the initial phase of policy development. The analysis identified those issues that emerge in moderation meetings that are designed to reach consistent, reliable judgements. Of interest are the different ways in which teachers talked through and interacted with one another to reach agreement about the quality of student work in the application of standards. There is evidence of differences in the way that teachers made compensations and trade-offs in their award of grades, dependent on the subject domain in which they teach. This article concludes with some empirically derived insights into moderation practices as policy and social events.

The centrality of teachers’ judgement practice in assessment : a study of standards in moderation

There is a strong quest in several countries including Australia for greater national consistency in education and intensifying interest in standards for reporting. Given this, it is important to make explicit the intended and unintended consequences of assessment reform strategies and the pressures to pervert and conform. In a policy context that values standardisation, the great danger is that the technical, rationalist approaches that generalise and make superficial assessment practices, will emerge. In this article, the authors contend that the centrality and complexity of teacher judgement practice in such a policy context need to be understood. To this end, we discuss and analyse recorded talk in teacher moderation meetings showing the processes that teachers use as they work with stated standards to award grades (A to E). We show how they move to and fro between (1) supplied textual artefacts, including stated standards and samples of student responses, (2) tacit knowledge of different types, drawing into the moderation, and (3) social processes of dialogue and negotiation. While the stated standards play a part in judgement processes, in and of themselves they are shown to be insufficient to account for how the teachers ascribe value and award a grade to student work in moderation. At issue is the nature of judgement as cognitive and social practice in moderation and the legitimacy (or otherwise) of the mix of factors that shape how judgement occurs.

Entertainment industries at university : designing a curriculum

Universities have not traditionally trained students to work as producers in the entertainment industries. This key entertainment role involves balancing creativity, business and legal skills in order to generate and run entertainment projects. Queensland University of Technology has recently introduced a program to train students for these jobs. The program is interdisciplinary, drawing on expertise from the Creative Industries, Law and Business faculties. This Scholarship of Teaching and Learning (SOTL) article details the course learning outcomes developed from extensive industry and academic consultation, and addresses some of the difficulties involved in developing such an interdisciplinary teaching program.

Mapping the territory of economic risk

It is widely contended that we live in a „world risk society‟, where risk plays a central and ubiquitous role in contemporary social life. A seminal contributor to this view is Ulrich Beck, who claims that our world is governed by dangers that cannot be calculated or insured against. For Beck, risk is an inherently unrestrained phenomenon, emerging from a core and pouring out from and under national borders, unaffected by state power. Beck‟s focus on risk's ubiquity and uncontrollability at an infra-global level means that there is a necessary evenness to the expanse of risk: a "universalization of hazards‟, which possess an inbuilt tendency towards globalisation. While sociological scholarship has examined the reach and impact of globalisation processes on the role and power of states, Beck‟s argument that economic risk is without territory and resistant to domestic policy has come under less appraisal. This is contestable: what are often described as global economic processes, on closer inspection, reveal degrees of territorial embeddedness. This not only suggests that "global‟ flows could sometimes be more appropriately explained as international, regional or even local processes, formed from and responsive to state strategies – but also demonstrates what can be missed if we overinflate the global. This paper briefly introduces two key principles of Beck's theory of risk society and positions them within a review of literature debating the novelty and degree of global economic integration and its impact on states pursuing domestic economic policies. In doing so, this paper highlights the value for future research to engage with questions such as "is economic risk really without territory‟ and "does risk produce convergence‟, not so much as a means of reducing Beck's thesis to a purely empirical analysis, but rather to avoid limiting our scope in understanding the complex relationship between risk and state.

Business process management education in academia: Status, challenges, and recommendations

In response to the growing proliferation of Business Process Management (BPM) in industry and the demand this creates for BPM expertise, universities across the globe are at various stages of incorporating knowledge and skills in their teaching offerings. However, there are still only a handful of institutions that offer specialized education in BPM in a systematic and in-depth manner. This article is based on a global educators’ panel discussion held at the 2009 European Conference on Information Systems in Verona, Italy. The article presents the BPM programs of five universities from Australia, Europe, Africa, and North America, describing the BPM content covered, program and course structures, and challenges and lessons learned. The article also provides a comparative content analysis of BPM education programs illustrating a heterogeneous view of BPM. The examples presented demonstrate how different courses and programs can be developed to meet the educational goals of a university department, program, or school. This article contributes insights on how best to continuously sustain and reshape BPM education to ensure it remains dynamic, responsive, and sustainable in light of the evolving and ever-changing marketplace demands for BPM expertise.

Silly Citizenship

This paper traces historical changes in the concept of citizenship, in order to show how it has shifted from a state enterprise to a form of self-organising, user-created, ludic association, modelled by online social networks in which children - formally non-citizens but crucial to the continuing and changing discursive practices of citizenship-formation - are active agents. The implications of this 'silly' citizenship for communication scholarship are considered.

An examination of factors influencing effective and continuous improvement of Indonesian contractors' quality management systems

This paper presents the results of a pilot study examining the factors that impact most on the effective implementation of, and improvement to, Quality Mangement Sytems (QMSs) amongst Indonesian construction companies. Nine critical factors were identified from an extensive literature review, and a survey was conducted of 23 respondents from three specific groups (Quality Managers, Project Managers, and Site Engineers) undertaking work in the Indonesian infrastructure construction sector. The data has been analyzed initially using simple descriptive techniques. This study reveals that different groups within the sector have different opinions of the factors regardless of the degree of importance of each factor. However, the evaluation of construction project success and the incentive schemes for high performance staff, are the two factors that were considered very important by most of the respondents in all three groups. In terms of their assessment of tools for measuring contractor’s performance, additional QMS guidelines, techniques related to QMS practice provided by the Government, and benchmarking, a clear majority in each group regarded their usefulness as ‘of some importance’.

Eschewing the fat: strong production but Neil LaBute below his best : a review

AWARD-WINNING American play and screen writer Neil LaBute is known for producing character-driven dramas that concentrate on the darker side of human nature and desire. In Fat Pig, LaBute picks up on a familiar theme: the way a perverse social preference for physical perfection affects human relationships. It is a topic LaBute has tackled before in The Shape of Things, a compelling play in which a beautiful young woman's efforts to help her new boyfriend pursue a program of self-improvement are eventually revealed to be part of a bizarre human experiment for her master-of-fine-arts degree.

Reflections from Senior Women Academics

The Tiddas Showin’ Up, Talkin’ Up and Puttin’ Up: Indigenous Women and Educational Leadership project was led by Flinders University in partnership with the Australian Catholic University through the Indigenous Higher Education Centres located in Adelaide (Yunggorendi First Nations Centre) and Brisbane (Weemala Indigenous Unit) (Bunda and White 2009). At the beginning of the project, two levels of governance were established: a Circle of Senior Indigenous Women from the higher education sector, and a Steering Committee of Senior Executive Women from partner universities. The Circle of Senior Indigenous Women included experts in the fields of learning and teaching, scholarship, administration and management, and community engagement. The Circle’s members were: • Professor Wendy Brady, Charles Darwin University • Dr Jackie Huggins, University of Queensland • Ms Angela Leitch, Education Queensland • Professor Aileen Moreton-Robinson, Queensland University of Technology • Dr Bronwyn Fredericks, Queensland University of Technology and Monash University The Steering Committee members were: • Professor Gabrielle McMullen, Australian Catholic University • Professor Marie Emmit, Australian Catholic University • Professor Faith Trent, Flinders University • Dr Jane Robbins, Flinders University The two levels of governance provided advice to the project leaders throughout the project. Three of these women share their reflections in this paper.

Byron's back from the dead? : revenants of Romanticism in contemporary young adult fiction

Often identified as the origin of today’s children’s literature, Romanticism offers a particular context for interrogating boundaries between child and adult. Since the turn of the nineteenth century, however, Western society has “invented” the teenager to figure and to police the boundary between childhood and adulthood. In due course, twenty-first-century young adult (YA) novels such as Susan Davis’s Mad, Bad and Totally Dangerous (2004) and Cara Lockwood’s Wuthering High: A Bard Academy Novel (2006) have combined the Romantic and the adolescent in narratives which turn on supernatural invocation of Romantic authors as “really” present in contemporary adolescent lives. These novels tell stories of adolescence in which the self comes to be known via embodied encounters with dead authors, in particular, with Byron. Where “Byron scholarship has worked hard to disassociate the poet from this kind of pop-Gothic depiction, seeing it as the inevitable but regrettable offspring of nineteenth-century Byromania” (McDayter 30), contemporary YA fiction suggests that it is precisely via pop-Gothic depictions that today’s adolescents may first come to know the Romantic in general and the Byronic in particular. This paper reads these novels in the context of current anxieties about cultural illiteracy and educational “failure” in order to consider what work is being undertaken in the name of Byron, and to shed light on the ways in which cultural education may be taking place far beyond the realms of schools or cemeteries for today’s young readers.

Social control of the drinking driver

It is more that 20 years since the “Social Control of the Drink Driver” edited by Laurence, Snortum and Zimring (1988) were published. It was, and remains a major examination of the issue involving 17 scientists from all relevant disciplines and policy centres and represents the current practice and experience at the time. While much of, but by no means all, the content is centred on the North American experience the scholarship and range of research data explored through the investigative lens of lawyers, pharmacologists, psychologists, sociologists, criminologists and economists covers all the major issues being examined in Europe, and Australia at the time. More importantly, it presents the policy aspirations and goals of nine countries and includes a comparison of deterrence and the legal context in six countries; emerging technologies for control and the potential contributions of education and rehabilitation. The experience of promoting evidence based policies and practices are generally experienced in all countries as both laborious and painfully slow. However, this ICADTS meeting in Norway provides an opportunity to challenge these feelings by re-examining the current situation compared with that documented over 20yrs ago. This presentation will undertake a reality check on just what we have achieved within that time and try to attribute success and failure towards recommendations for our future endeavours.

Cultivating Innovation through Social Relationships: A Qualitative Study of Outstanding Australian Innovators in Science, Technology and the Creative Industries

In this chapter, we describe and explore social relationship patterns associated with outstanding innovation. In doing so, we draw upon the findings of 16 in-depth interviews with award-winning Australian innovators from science & technology and the creative industries. The interviews covered topics relating to various influences on individual innovation capacity and career development. We found that for all of the participants, innovation was a highly social process. Although each had been recognised individually for their innovative success, none worked in isolation. The ability to generate innovative outcomes was grounded in certain types of interaction and collaboration. We outline the distinctive features of the social relationships which seem to be important to innovation, and ask which ‘social network capabilities’ might underlie the ability to create an optimal pattern of interpersonal relationships. We discuss the implications of these findings for universities, which we argue play a key role in the development of nascent innovators.

Analysing queer student media using a combined queer theoretical and media studies approach

Australian queer (GLBTIQ) university student media is an important site of cultural and political self-representation. These groups exist within university student unions and the unions provide them with space, financial support and resources. Community media is a significant site for the development of queer identity, community and a key part of queer politics. This paper reviews my research into queer community media which is grounded in a Queer Theoretical perspective of identity performativity. Cover argues that Queer Theoretical approaches that study media products fail to consider the material contexts which contribute to their construction. I use an ethnographic approach combined with discourse analysis in order to reveal queer student activists’ media representations of queer, and the production contexts which shape them. My research contributes to queer media scholarship by using a methodology to address the gap that Cover identifies.