Why ADR must be a mandatory subject in the law degree : A cheat sheet for the willing and a primer for the non-believer

The profession of law is deeply steeped in tradition and conservatism, which influences the content and pedagogy employed in law faculties across Australia. Indeed, the practice of law and the institutions of legal education are in a relationship of mutual influence; a dénouement which preserves the best aspects of the common law legal system, but also leaves the way we educate, practice and think about the role of law resistant to change. In this article, the authors lay down a challenge to legal education orthodoxy and a call to arms for legal academic progressivists: that alternative dispute resolution (ADR) should be a compulsory, stand alone subject in the law degree. The authors put forward 10 simple arguments as to why every law student should be exposed to a semester-long course of ADR instruction.

Educating for digital futures : what the learning strategies of digital media professionals can teach higher education

This article explores how universities might engage more effectively with the imperative to develop students’ 21st century skills for the information society, by examining learning challenges and professional learning strategies of successful digital media professionals. The findings of qualitative interviews with professionals from Australian games, online publishing, apps and software development companies reinforce an increasing body of literature that suggests that legacy university structures and pedagogical approaches are not conducive to learning for professional capability in the digital age. Study participants were ambivalent about the value of higher education to digital careers, in general preferring a range of situated online and face-to-face social learning strategies for professional currency. This article draws upon the learning preferences of the professionals in this study to present a model of 21st century learning, as linked with extant theory relating to informal, self-determined learning and communities of practice.

Celebrating and sustaining Indigenous knowledges through higher education

In its intervention at the 10th session of the United Nations Permanent Forum on Indigenous Issues 2010, the World Indigenous Network Higher Education Consortium (WINHEC) acknowledged that despite a history of protracted but limited attempts by Governments globally to address the low participation and graduation rates of Indigenous peoples from higher education at post graduate level, this continues to be an area of considerable concern. This paper speaks to the development of an innovative academic process that profiles the ground breaking work of WINHEC and a cohort of Indigenous academics in developing academic programs designed to address this systemic failure. The concept of these programs was endorsed in 2006 at a WINHEC conference where Indigenous representatives from across the world met to discuss in part, historical and contempory impediments to Indigenous success within higher education. The goal of WINHEC has been to develop a nested suite of inventive postgraduate awards founded within the scholarship of Indigenous Knowledge which encapsulates an epistemological approach. This has been a ground breaking process that has included collaborative and intellectual contributions of Indigenous academics from diverse cultural nations across the globe and, in particular, Australia. In 2012 the culmination of this dream and the suite of courses developed, honours and embrace the uniqueness of Indigenous Knowledge and the cultural integrity of Indigenous Leadership.

Indigenous epistemology : creating an international Indigenous higher education space in the wake of the western “university of excellence”

Interest in the participation of Indigenous peoples in higher education has, in recent times, gained momentum with an increasing number of advocates challenging the global history of culturally inept policies and practices imposed within the western higher education system. To address the challenges being presented by Indigenous communities and other groups (often relegated under the banner of disadvantaged or equity) Western Universities are promoting a shift toward inclusive policies and practices. Frustrated with the offerings of the Western Higher Education system, a global movement of Indigenous academics, Elders and knowledge holders are developing strategies to meet the educational needs of their own communities, in order to find a way forward. The mobilization of Elders and Indigenous academics has resulted in the development of a global higher education network which is proving to be a significant force in changing the position of Indigenous participation in higher education. The World Indigenous Network Higher Education Consortium (WINHEC) has presented a significant challenge to those barriers within the western higher education system that has historically demonstrated an inability to develop culturally inclusive practices within their institutions. This paper examines the development of a world Indigenous higher education movement and its contribution to the history of the “university” within the context of western higher education institutions. Outlined in this examination will be a synopsis of the development of the “University of Excellence” and the creation of an international Indigenous space within higher education.

Student interactivity and teacher participation: An application of legitimate peripheral participation in higher education online learning environments

Lave and Wenger’s legitimate peripheral participation is an important aspect of online learning environments. It is common for teachers to scaffold varying levels of online participation in Web 2.0 contexts, such as online discussion forums and blogs. This study argues that legitimate peripheral participation needs to be redefined in response to students’ decentralised multiple interactions and non-linear engagement in hyperlinked learning environments. The study examines students’ levels of participation in online learning through theories of interactivity, distinguishing between five levels of student participation in the context of a first-year university course delivered via a learning management system. The data collection was implemented through two instruments: i) a questionnaire about students’ interactivity perception in the online reflective learning (n = 238) and then ii) an open discussion on the reason for the diverse perceptions of interactivity (n = 34). The study findings indicate that student participants, other than those who were active, need high levels of teacher or moderator intervention, which better enables legitimate peripheral participation to occur in online learning contexts.

Doctors' knowledge of the law on withholding and withdrawing life-sustaining medical treatment

Objectives To examine the level of knowledge of doctors about the law on withholding and withdrawing life-sustaining treatment from adults who lack decision-making capacity, and factors associated with a higher level of knowledge. Design, setting and participants Postal survey of all specialists in emergency medicine, geriatric medicine, intensive care, medical oncology, palliative medicine, renal medicine and respiratory medicine on the AMPCo Direct database in New South Wales, Victoria and Queensland. Survey initially posted to participants on 18 July 2012 and closed on 31 January 2013. Main outcome measures Medical specialists’ levels of knowledge about the law, based on their responses to two survey questions. Results Overall response rate was 32%. For the seven statements contained in the two questions about the law, the mean knowledge score was 3.26 out of 7. State and specialty were the strongest predictors of legal knowledge. Conclusions Among doctors who practise in the end-of-life field, there are some significant knowledge gaps about the law on withholding and withdrawing life-sustaining treatment from adults who lack decision-making capacity. Significant consequences for both patients and doctors can flow from a failure to comply with the law. Steps should be taken to improve doctors’ legal knowledge in this area and to harmonise the law across Australia.

Building a community of learners within the STEM higher education classroom

Building rich and authentic learning experiences in the STEM classroom, is a challenge for many educators within Higher Education. While many Higher Education Institutions have embraced the need to transform current teaching and learning practices and include a range of online tools, this has often been met with some resistance and approaches that do not always recognise the academic who are a critical component to the success of the transformational process. Over the last decade the Internet has evolved from being a tool used by a few dedicated educators to one that is being used by the majority of educators. However, what is important is how this great resource is used in teaching and learning to allow students to build knowledge. The ability for students to construct knowledge and engage in higher order thinking skills is at the heart of educational practices, and building a community of learners has the potential to support these practices, especially within STEM education. This paper explores the relationship between students and an academic teaching in a technology rich STEM learning environment and their adoption of social community and shared tools. In particular the paper reports on the critical components that make a successful community of learners and the educational tools and approaches that were successfully used to enhance the student learning experience in a STEM classroom.

Optimising the education and care experiences of children with 'difficult' temperament

This thesis asked whether more temperamentally reactive or difficult children are more sensitive to Early Childhood and Care (ECEC) environments than less reactive children. The aim was to assess what forms of ECEC provision best support more reactive children. The study analysed data from the national Effective Early Educational Experiences (E4Kids). Children with reactive temperament had less behavioural difficulties in classrooms with higher quality instruction but more when instructional quality was low. The findings underscore the importance of higher quality ECEC environments for temperamentally vulnerable children and the possibility that temperamentally reactive children are "barometers" of ECEC quality more generally.

Suicide, statistics and the coroner: A comparative study of death investigations

Australia has a significantly higher suicide rate than England. Rather than accepting that this ‘statistical fact’ is a direct reflection of some positivist truth, this paper begins with the premise that how suicide is counted depends upon what counts as suicide. This study involves semi-structured interviews with coroners both in Australia and England, as well as observations at inquests. Important differences between the two coronial systems include: first, quite different logics of operation; second, the burden of proof for reaching a finding of suicide is significantly higher in England; and third, the presence of family members at English inquests results in far greater pressure being brought to bear upon coroners. These combined factors result in a reduced likelihood of English coroners reaching a finding of suicide. The conclusions are twofold. First, this research supports existing criticisms of comparative suicide statistics. Second, this research adds theoretical weight to criticisms of positivist analyses of social phenomena.

Comparing the effectiveness of education and technology in reducing wood smoke pollution: A field experiment

This study describes a field experiment assessing the effectiveness of education and technological innovation in reducing air pollution generated by domestic wood heaters. Two-hundred and twenty four households from a small regional center in Australia were randomly assigned to one of four experimental conditions: (1) Education only – households received a wood smoke reduction education pack containing information about the negative health impacts of wood smoke pollution, and advice about wood heater operation and firewood management; (2) SmartBurn only – households received a SmartBurn canister designed to improve combustion and help wood fires burn more efficiently, (3) Education and SmartBurn, and (4) neither Education nor SmartBurn (control). Analysis of covariance, controlling for pre-intervention household wood smoke emissions, wood moisture content, and wood heater age, revealed that education and SmartBurn were both associated with significant reduction in wood smoke emissions during the post-intervention period. Follow-up mediation analyses indicated that education reduced emissions by improving wood heater operation practices, but not by increasing health risk perceptions. As predicted, SmartBurn exerted a direct effect on emission levels, unmediated by wood heater operation practices or health risk perceptions.

Enabling a positive first year experience in higher education through social media and mobile technologies

The first year experience for students within Higher Education institutions has become increasingly important as these institutions strive to improve student retention rates. With many universities also focusing on transforming teaching and learning in an effort to attract and retain students, there is a growing demand to understand and respond to individual student requirements, such as the need to feel a sense of belonging. The literature identifies a sense of belonging as being paramount to a students satisfaction with the institution and it is within this context that this paper reports on a three year study of how first year pre-service education students use social media and mobile technologies in their personal lives and their formal education. More specifically, the study identifies trends in the use of these technologies and the growing need for students to use digital media sharing tools to connect and engage with their peers. The paper contrasts the differences in use between these groups as it seeks to identify the role these technologies can play in their teaching and learning, as well as in promoting an overall positive first year experience.

Conference report : ‘For the Socially Responsible University’. Reflections on Universidad 2014, the 9th International Higher Education congress in Havana, Cuba, February 2014

This article describes salient aspects of 'Universidad', the 9th International Higher Education conference held in Havana, Cuba, in February 2014. Addressing the conference theme, 'For the Socially Responsible University', participants debated the university's capacity to lead societies in matters of knowledge creation and diffusion, and discussed how it could help governments in the quest for solutions to inequality and exclusion. A particularly interesting panel was one that discussed the social commitment of Hugo Chavez, the late president of Venezuela, and his work to support the expansion of education.

Introduction: Reflective and Reflexive Approaches in Higher Education : A Warrant for Lifelong Learning?

In our complex and incongruous world, where variety produces more variety, and there is no blueprint for dealing with unprecedented change, it is imperative that individuals develop reflexive approaches to life and learning. Higher education has a role to play in guiding students to be self-analysts, with the ability to examine and mediate self and context for improved outcomes. This chapter elucidates the catchphrase of lifelong learning and its enactment in higher education. Theories of reflexivity and personal epistemology are utilised to provide the conceptual tools to understand the ways in which individuals manage competing influences and deliberate about action in their learning journey. The case is made for the integral role of higher education teachers in developing students’ capacities for reflective thinking and reflexive approaches to learning as a life project.

A model for reflection in the pedagogic field of higher education

This chapter provides an introduction to the use of pedagogical patterns in capturing and sharing educational design experience. In higher education, helping students to learn to engage in productive reflection presents a complex set of challenges. Delicate balances must be found: too little structure and support for students’ reflective work can leave them floundering; too much, and some will remain dependent. Moreover, this is a dynamic teaching problem – scaffolding needs to be adjusted as students develop confidence and capability, which they will do at different rates. The model presented in this chapter embraces the three main elements that teachers can legitimately design, or help set in place, to support their students’ reflective activity: good tasks, the right tools, and appropriate divisions of labour. It delineates a complex, shifting architecture of tasks, tools and people, activities and outcomes associated with reflective learning. It shows how the designable elements of this complex mix can be described in patterns and pattern languages, which then become design resources for teachers’ own action, reflection and professional development.

Implementing the self-management threshold learning outcome for law : some intentional design strategies from the current curriculum toolbox

There is a growing awareness of the high levels of psychological distress being experienced by law students and the practising profession in Australia. In this context, a Threshold Learning Outcome (TLO) on self-management has been included in the six TLOs recently articulated as minimum learning outcomes for all Australian graduates of the Bachelor of Laws degree (LLB). The TLOs were developed during 2010 as part of the Australian Learning and Teaching Council’s (ALTC’s) project funded by the Australian Government to articulate ‘Learning and Teaching Academic Standards’. The TLOs are the result of a comprehensive national consultation process led by the ALTC’s Discipline Scholars: Law, Professors Sally Kift and Mark Israel.1 The TLOs have been endorsed by the Council of Australian Law Deans (CALD) and have received broad support from members of the judiciary and practising profession, representative bodies of the legal profession, law students and recent graduates, Legal Services Commissioners and the Law Admissions Consultative Committee. At the time of writing, TLOs for the Juris Doctor (JD) are also being developed, utilising the TLOs articulated for the LLB as their starting point but restating the JD requirements as the higher order outcomes expected of graduates of a ‘Masters Degree (Extended)’, this being the award level designation for the JD now set out in the new Australian Qualifications Framework.2 As Australian law schools begin embedding the learning, teaching and assessment of the TLOs in their curricula, and seek to assure graduates’ achievement of them, guidance on the implementation of the self-management TLO is salient and timely.