Learning to reflect in the first year of legal education : the key to surviving legal education and legal practice

Lawyers and law students suffer significant rates of depression and substance abuse. This paper suggests that Law Schools have an obligation to assist students to develop the emotional intelligence necessary in order to cope with the stressful nature of legal practice. We draw on Schön’s discussion of the indeterminate zone of professional practice to suggest that reflective practice is the means by which students can become sufficiently emotionally intelligent to become balanced and happy lawyers. We suggest that incorporating reflective practice in intentional curriculum design in the first year of law is an effective first step in assisting students to develop the emotional intelligence necessary to survive the study and practice of law.

Stepping out into the real world of education : an introduction

‘Stepping out into the real world of Education’ has been written to complement ‘Transitioning to the real world of Education’ (Millwater & Beutel, 2008). Both books are aimed at strategising the transition you are experiencing, from preservice teacher to professional educator, through issues that you will face as early career teachers from any specialist teaching strand - early childhood, primary, middle or secondary. ‘Transitioning to the real world of Education’ (Millwater & Beutel, 2008) addressed the particularities and practicalities of professional standards, life-long learning, teaching for diversity, values-education, teacher/student relationships, teaching in a digital age and teacher burnout. This text aligns with these and explores other areas, in recognition that your early career phase is the pivotal point of how much you commit to being a teacher in the long term.

Classroom management : developing your own approach to managing the classroom

A recent Australian survey of beginning teachers indicates that issue of classroom management continues to be a key concern for early career educators (Australian Education Union, 2007). This finding is supported by the wider literature that identifies managing the classroom, particularly managing behaviour within the classroom, as critical issues for early career teachers (Arends, 2006; Charles, 2004; Groundwater-Smith, Ewing & Le Cornu, 2007). In fact, struggling to manage student behaviour and maintain positive relationships with students are among the top reasons for teachers leaving the teaching profession (Charles, 2004). So, how does a teacher effectively organise and manage up to thirty students learning and behaviour at any one time? The issue of classroom management is a persistent one for all teachers, but is particularly daunting for new teachers. Historically, classrooms were established on strong hierarchical structures that relied heavily on teacher control and authority. However, more recent approaches to managing the classroom are proactive and more collaborative. That is not to say that there exists a single management recipe, far from it. Beginning teachers must view possible approaches to managing the classroom in light of their own beliefs about teaching and learning, their current classroom practice and variables from the context in which they are teaching.

A collaborative model for learning and assessment of legal placements

This paper will report on the evaluation of a new undergraduate legal workplace unit, LWB421 Learning in Professional Practice. LWB421 was developed in response to the QUT’s strategic planning and a growing view that work experience is essential to developing the skills that law graduates need in order to be effective legal practitioners (Stuckey, 2007). Work integrated learning provides a context for students to develop their skills, to see the link between theory and practice and support students in making the transition from university to practice (Shirley, 2006). The literature in Australian legal education has given little consideration to the design of legal internship subjects (as distinct from legal clinic programs). Accordingly the design of placement subjects needs to be carefully considered to ensure alignment of learning objectives, learning tasks and assessment. Legal placements offer students the opportunity to develop their professional skills in practice, reflect on their own learning and job performance and take responsibility for their career development and planning. This paper will examine the literature relating to the design of placement subjects, particularly in a legal context. It will propose a collaborative model to facilitate learning and assessment of legal work placement subjects. The basis of the model is a negotiated learning contract between the student, workplace supervisor and academic supervisor. Finally the paper will evaluate the model in the context of LWB421. The evaluation will be based on data from surveys of students and supervisors and focus group sessions.

Barriers to e-business adoption in construction: international literature review

The adoption of e-business by the Australian construction industry lags other service and product industries. It is assumed that slow adoption rate does not reflect the maturity of the technology but is due to adoption barriers peculiar to the nature of construction. This paper examines impediments to the uptake of e-business nationally and internationally. A systematic and extensive literature search of barriers (also referred to as obstacles, impediments or hindrances) to adoption has been undertaken and the findings discussed in this paper. This review included more that 200 documents and these have been published in a searchable database as part of a larger research initiative funded by the Cooperative Research Centre for Construction Innovation. The influence of levels of e-business maturity seen in other sectors such as retail, tourism and manufacturing was also captured and a number of major barriers were identified some including: privacy, trust, uncertainty of financial returns, lack of reliable measurement, fraud, lack of support and system maintenance. A total of 23 barriers were assessed in terms of impact to organisational type and size across reviewed documents. With this information it was possible to develop a reference framework for measuring maturity levels and readiness to uptake e-business in construction. Results have also shown that barriers to e-business adoption work differently according to organisational type and culture. Areas of training and people development need to be addressed. This would include a more sensitive approach to the nature of construction organisations, especially to those small and medium enterprises. Raising levels of awareness and creating trust for on-line collaboration are other aspects that need attention, which current studies confirm as lacking. An empirical study within construction, to validate these findings, forms the subsequent phase of this research.

Educating the Other: Standpoint and Theory on the 'Internationalisation' of Higher Education

How adequate are current theoretical standpoints, tools and categories for explaining the flows of international students to Anglo/American/European universities? This essay takes a different analytic tact and historical standpoint to the study of them and us, insiders and outsiders (cf. Foley, Levinson & Hurtig, 2001), in the internationalisation of education.

The role of decision-maker preferences in tenancy selection of CBD office accommodation – preliminary literature review

The literature and anecdotal evidence suggests that that there is more to tenancy selection (firm location) than the profit maximisation drive that traditional neo-classical economic location theory suggests. In the first instance these models assume property markets are rational and perfectly competitive; the CBD office market is clearly neither rational nor perfectly competitive. This fact alone relegates such models to the margins of usefulness for an industry that seeks to satisfy tenant demand in order to optimise returns on capital invested. Acknowledgment of property market imperfections are universally accepted to the extent that all contemporary texts discuss the lack of a coherent centralised market place and incomplete and poorly disseminated information processes as fundamental inadequacies which characterise the property market inefficiencies. Less well researched are the facets of the market which allow the observer to determine market activity to be significantly irrational. One such facet is that of ‘decision maker preferences’. The decision to locate a business operation at one location as opposed to another seems ostensibly a routine choice based on short, medium and long term business objectives. These objectives are derived from a process of strategic planning by one or more individuals whose goal is held to be to optimise outcomes which benefit the business (and presumably those employed within it). However the decision making processes appear bounded by how firms function, the institutional context in which they operate, as well as by opportunistic behaviour by individual decision makers who allow personal preferences to infiltrate and ‘corrupt’ the process. In this way, history, culture, geography, as well as institutions all become significant to the extent that these influence and shape individual behaviour which in turn determine the morphology of individual preferences, as well as providing a conduit for them to take effect. This paper exams historical and current literature on the impact of individual behaviour in the decision making process within organisations as a precursor to an investigation of the tenancy decision making process within the CBD office market. Literature on the topic falls within a number of research disciplines, philosophy, psychology and economics to name a few.

Literacy and identity : examining the metaphors in history and contemporary research

In this review, the authors interrogate the recent identity turn in literacy studies by asking the following: How do particular views of identity shape how researchers think about literacy and, conversely, how does the view of literacy taken by a researcher shape meanings made about identity? To address this question, the authors review various ways of conceptualizing identity by using five metaphors for identity documented in the identity literature: identity as (1) difference, (2) sense of self/subjectivity, (3) mind or consciousness, (4) narrative, and (5) position. Few literacy studies have acknowledged this range of perspectives on and views for conceptualizing identity and yet, subtle differences in identity theories have widely different implications for how one thinks about both how literacy matters to identity and how identity matters to literacy. The authors offer this review to encourage more theorizing of both literacy and identity as social practices and, most important, of how the two breathe life into each other.

On Indigenous education

A critical overview of current policy debates in Indigenous education, with a focus on the tensions between models of direct instruction and culturally appropriate pedagogy.

Mentoring preservice teachers in primary mathematics

A literature-based instrument gathered data about 147 final-year preservice teachers’ perceptions of their mentors’ practices related to primary mathematics teaching. Five factors characterized effective mentoring practices in primary mathematics teaching had acceptable Cronbach alphas, that is, Personal Attributes (mean scale score=3.97, SD [standard deviation]=0.81), System Requirements (mean scale score=2.98, SD=0.96), Pedagogical Knowledge (mean scale score=3.61, SD=0.89), Modelling (mean scale score=4.03, SD=0.73), and Feedback (mean scale score=3.80, SD=0.86) were .91, .74, .94, .89, and .86 respectively. Qualitative data (n=44) investigated mentors’ perceptions of mentoring these preservice teachers, including identification of successful mentoring practices and ways to enhance practices.

Inward exporting of professional services : lessons from an exploratory study of Australian educational firms

Inward export activities for services companies have been largely neglected in the literature. Little is known about how professional service firms export to overseas consumers who travel to the domestic market of the firm. This study utilizes a resource-based perspective (RBV) to explore the main barriers and drivers of export performance for professional education services. A case study of Australia’s education industry, as well as interviews with executives from four Australian education institutions, was conducted. Findings show that inward exporters confront most barriers in the domestic market where the service is provided, and drivers of export performance combine firm- and country-specific resources.

Decolonising the concept of knowledge

Controlling the definition of what was essentially a subjugated culture, the colonisers reserve the power to distinguish authentic aspects of the living traditions of the colonised. If the colonised argue political demands by reference to their culture, the colonisers are quick to adjudicate what is genuine in such claims. (Fannon, 1967) Since colonial invasions, Australia’s Indigenous people have weathered rapid change. While the origins of Australia’s Indigenous peoples continues to be an archaeological interest for many, how Indigenous cultures have survived, transformed and retained a sense of ‘difference’ is fundamental to understanding the diversity of Aboriginal and Torres Strait Islander cultures within this continent as both contemporaneous and historical. It is important that teachers, students and researchers within Indigenous studies remind themselves that much of the literature on Aboriginal and Torres Strait Islanders can be ideologically traced back to the emergence of ‘knowledge’ about native peoples in the context of European imperialism and expansion from the fifteenth century. Care must therefore be taken in not conveying ‘scientific’ rational knowledge as perhaps the hidden agenda or notion of assumptions of European ‘superiority’ and non-European inferiority. The recognition by the High Court of Australia (1992) abandoned the legal myth of terra nullius which based the dispossession of Indigenous land on the basis of it being considered an empty land. It could also be argued that this decision recognised that distinct customs and traditions continue to exist within the social and cultural ‘knowledge’ of Indigenous peoples of Australia. General issues and concerns relating to research design, methodology and articulation within QUT are not just confined to this university and the research project presented as a case study but are important in dealing with how Aboriginal and Torres Strait Islander students and academics participate or are employed within the university. We feel that the design and methodology of research that either covertly or overtly focuses on Indigenous Australians can no longer presume that all research will naturally follow protocols that are culturally appropriate as this appropriateness is usually defined by the institution. By no means do we feel that research should be debilitated as a result of raising these issues, but that collaborative approaches within the ‘process’ of research will address Aboriginal and Torres Strait Islander people and communities as much as the intended outcomes of research itself.

Moving from Awareness to Knowing, Understanding, Speaking and Doing: Indigenous Women Academics in Higher Education. National Tertiary Education Women's Conference, 18-19 July 2009, South Melbourne, Victoria.

Bronwyn Fredericks was asked to outline some of the issues faced by Indigenous women academics.

Race and equity in higher education : A harder path for Indigenous academics

Our experiences as Indigenous academics within universities often reflects the experiences we have as Indigenous people in broader society, yet I am still surprised and angered when it is others working in higher education who espouse notions of justice and equity with whom we experience tension and conflict in asserting our rights, values and cultural values. At times it is a constant struggle even when universities have Reconciliation Statements as most of them do now, Indigenous recruitment or employment strategies and university wide anti-racism and anti-discrimination policies and procedures.

Being and Living in an Australian Urban Community

There is a limited evidence base which highlights the plight of Australian Aboriginal and Torres Strait Islander populations living in urban areas and the issues that impact on Indigenous achievements in education, health status, housing needs, rates of incarceration and the struggle for cultural recognition. This is despite over 70 % of all Aboriginal and Torres Strait Islander people in Australia now living in urban or regional urban areas (ABS 2008). The statistics demonstrate that living in urban centres is as much part of reality for Australian Aboriginal and Torres Strait Islander people as living in a remote discrete community. Using the capital city of Brisbane, Queensland as a case study, this paper will explore some of the issues that Aboriginal and Torres Strait Islander peoples face against a backdrop of the statistics and some of the current literature. It will additionally explore why there has been limited research with Aboriginal and Torres Strait Islander populations in urban areas and highlight some of the innovative research taking place which will begin to redress this gap. The research issues presented within this paper will resonate with some of the Native American and Indigenous movement patterns and associated issues additionally occurring in the United States of America, Canada and New Zealand.