Legal education and the 'idealistic student': using Foucault to unpack the critical legal narrative

It appears that few of the students holding ‘socially idealistic’ goals upon entering law school actually maintain these upon graduation. The critical legal narrative, which explains and seeks to act upon this shift in the graduate’s ‘legal identity’, posits that these ideals are repressed through power relations that create passive receptacles into which professional ideologies can be deposited, in the interests of those advantaged by the social and legal status quo. Using the work of Michel Foucault, this paper unpacks the assumptions underpinning this narrative, particularly its arguments about ideology, power, and the subject. In doing so, it will argue this narrative provides an untenable basis for political action within legal education. By interrogating this narrative, this paper provides a new way of understanding the construction of the legal identity through legal education, and a new basis for political action within law school.

Reading in the Australian curriculum English : describing the effects of structure and organisation on multimodal texts

The recently introduced Australian Curriculum: English Version 3.0 (Australian Curriculum, Assessment and Reporting Authority [ACARA], 2012) requires students to ‘read’ multimodal text and describe the effects of structure and organisation. We begin this article by tracing the variable understandings of what reading multimodal text might entail through the Framing Paper (National Curriculum Board, 2008), the Framing Paper Consultation Report (National Curriculum Board, 2009a), the Shaping Paper (National Curriculum Board, 2009b) and Version 3.0 of the Australian Curriculum English (ACARA, 2012). Our findings show that the theoretical and descriptive framework for doing so is implicit. Drawing together multiple but internally coherent theories from the field of semiotics, we suggest one way to work towards three Year 5 learning outcomes from the reading/writing mode. The affordances of assembling a broad but explicit technical metalanguage for an informed reading of the integrated design elements of multimodal texts are noted.

Sourdough & other stories : a story told in parts (a mosaic novel and exegesis)

The mosaic novel - with its independent 'story-tiles' linking together to form a complete narrative - has the potential to act as a reflection on the periodic resurfacing of unconscious memories in the conscious lives of fictional characters. This project is an exploration of the mosaic text as a fictional analogue of involuntary memory. These concepts are investigated as they appear in traditional fairy tales and engaged with in this thesis's creative component, Sourdough and Other Stories (approximately 80,000 words), a mosaic novel comprising sixteen interconnected 'story-tiles'. Traditional fairy tales are non-reflective and conducive to forgetting (i.e. anti-memory); fairy tale characters are frequently portrayed as psychologically two-dimensional, in that there is no examination of the mental and emotional distress caused when children are stolen/ abandoned/ lost and when adults are exiled. Sourdough and Other Stories is a creative examination of, and attempted to remedy, this lack of psychological depth. This creative work is at once something more than a short story collection, and something that is not a traditional novel, but instead a culmination of two modes of writing. It employs the fairy tale form to explore James' 'thorns in the spirit' (1898, p.199) in fiction; the anxiety caused by separation from familial and community groups. The exegesis, A Story Told in Parts - Sourdough and Other Stories is a critical essay (approximately 20,000 words in length), a companion piece to the mosaic novel, which analyses how my research question proceeded from my creative work, and considers the theoretical underpinnings of the creative work and how it enacts the research question: 'Can a writer use the structural possibilities of the mosaic text to create a fictional work that is an analogue of an involuntary memory?' The cumulative effect of the creative and exegetical works should be that of a dialogue between the two components - each text informing the other and providing alternate but complementary lenses with which to view the research question.

Using reflective practice assessment in the first year of law to encourage a positive professional identity and promote law student well-being

In this paper we argue that intentional curriculum design in the first year of law should encourage law students to develop an emergent sense of a positive professional identity. When first year law students engage with a nascent notion of a positive professional identity, their well-being is supported because their studies are informed and contextualised by a sense of purpose for their future professional life. In a first year law subject run for the first time at the QUT Law School in 2011, reflective practice was successfully used to achieve these goals. The paper discusses the subject, the opportunity of using reflective practice to teach a positive sense of professional identity, and some student perspectives on the subject’s design.

Reflective practice as a tool for addressing high levels of psychological distress in Australian law schools and the legal profession

This paper discusses: -The need for law schools to use curriculum as a site for positive interventions to support student psychological well-being. -The potential for law school interventions to impact on the psychological well-being of the profession. -Reflective practice as a possible tool for promoting psychological well-being in law school and the profession because it provides a way of coping with ‘indeterminate zones’ of experience.

Multimodal and monomodal discourses of marketization in higher education : power, ideology, and the absence of the image

The ubiquity of multimodality in hypermedia environments is undeniable. Bezemer and Kress (2008) have argued that writing has been displaced by image as the central mode for representation. Given the current technical affordances of digital technology and user-friendly interfaces that enable the ease of multimodal design, the conspicuous absence of images in certain domains of cyberspace is deserving of critical analysis. In this presentation, I examine the politics of discourses implicit within hypertextual spaces, drawing textual examples from a higher education website. I critically examine the role of writing and other modes of production used in what Fairclough (1993) refers to as discourses of marketisation in higher education, tracing four pervasive discourses of teaching and learning in the current economy: i) materialization, ii) personalization, iii) technologisation, and iv) commodification (Fairclough, 1999). Each of these arguments is supported by the critical analysis of multimodal texts. The first is a podcast highlighting the new architectonic features of a university learning space. The second is a podcast and transcript of a university Open Day interview with prospective students. The third is a time-lapse video showing the construction of a new science and engineering precinct. These three multimodal texts contrast a final web-based text that exhibits a predominance of writing and the powerful absence or silencing of the image. I connect the weightiness of words and the function of monomodality in the commodification of discourses, and its resistance to the multimodal affordances of web-based technologies, and how this is used to establish particular sets of subject positions and ideologies through which readers are constrained to occupy. Applying principles of critical language study by theorists that include Fairclough, Kress, Lemke, and others whose semiotic analysis of texts focuses on the connections between language, power, and ideology, I demonstrate how the denial of image and the privileging of written words in the multimodality of cyberspace is an ideological effect to accentuate the dominance of the institution.

International pre-service teachers' self-confidence in critical reflective thinking and writing through an intercultural Patches program

This paper describes part of an action research study that was designed to explore the outcomes of an ongoing program in which the participants, a group of domestic and international pre-service teachers and lecturers, worked together in reflective writing workshops. While the primary long-term goal of the program was to develop the intercultural competence and understanding of all of the participants through social activities, the development of social relationships was initiated and supported by involving the participants in weekly writing workshops that focused on shared salient skills of critical reflective thinking and writing. The focus of this paper is upon the outcomes for the international students, a cohort of second year pre-service teachers from Malaysia. Findings indicated that the program was successful in developing the Malaysian pre-service teachers’ self-confidence in perceiving themselves as writers and future teachers of writing, in shifting their focus from writing product to writing process and content, and in increasing the depth of their critical reflective thinking and writing

Optimising container transfers at multimodal terminals

The use of containers have greatly reduced handling operations at ports and at all other transfer points, thus increasing the efficiency and speed of transportation. This was done in an attempt to cut down the cost of maritime transport, mainly by reducing cargo handling and costs, and ships' time in port by speeding up handling operations. This paper discusses the major factors influencing the transfer efficiency of seaport container terminals. A network model is designed to analyse container progress in the system and applied to a seaport container terminal. The model presented here can be seen as a decision support system in the context of investment appraisal of multimodal container terminals. (C) 2000 Elsevier Science Ltd.

Genetic algorithms to schedule container transfers at multimodal terminals

Optimising the container transfer schedule at the multimodal terminals is known to be NP-hard, which implies that the best solution becomes computationally infeasible as problem sizes increase. Genetic Algorithm (GA) techniques are used to reduce container handling/transfer times and ships' time at the port by speeding up handling operations. The GA is chosen due to the relatively good results that have been reported even with the simplest GA implementations to obtain near-optimal solutions in reasonable time. Also discussed, is the application of the model to assess the consequences of increased scheduled throughput time as well as different strategies such as the alternative plant layouts, storage policies and number of yard machines. A real data set used for the solution and subsequent sensitivity analysis is applied to the alternative plant layouts, storage policies and number of yard machines.

The Socratic classroom : reflective thinking through collaborative inquiry

This book was written to serve two functions. First it is an exploration of what I have called Socratic pedagogy, a collaborative inquiry-based approach to teaching and learning suitable not only to formal educational settings such as the school classroom but to all educational settings. The term is intended to capture a variety of philosophical approaches to classroom practice that could broadly be described Socratic in form. The term ‘philosophy in schools’ is ambiguous and could refer to teaching university style philosophy to high school students or to the teaching of philosophy and logic or critical reasoning in senior years of high school. It is also used to describe the teaching of philosophy in schools generally. In the early and middle phases of schooling the term philosophy for children is often used. But this too is ambiguous as the name was adopted from Matthew Lipman’s Philosophy for Children curriculum that he and his colleagues at the Institute for the Advancement of Philosophy for Children developed. In Britain the term ‘philosophy with children’ is sometimes employed to mark two methods of teaching that have Socratic roots but have distinct differences, namely Philosophy for Children and Socratic Dialogue developed by Leonard Nelson. The use of the term Socratic pedagogy and its companion term Socratic classroom (to refer to the kind of classroom that employs Socratic teaching) avoids the problem of distinguishing between various approaches to philosophical inquiry in the Socratic tradition but also separates it from the ‘study of philosophy’, such as university style philosophy or other approaches which place little or no emphasis on collaborative inquiry based teaching and learning. The second function builds from the first. It is to develop an effective framework for understanding the relationship between what I call the generative, evaluative and connective aspects of communal dialogue, which I think are necessary to the Socratic notion of inquiry. In doing so it is hoped that this book offers some way to show how philosophy as inquiry can contribute to educational theory and practice, while also demonstrating how it can be an effective way to approach teaching and learning. This has meant striking a balance between speaking to philosophers and to teachers and educators together, with the view that both see the virtues of such a project. In the strictest sense this book is not philosophy of education, insofar as its chief focus is not on the analysis of concepts or formulation of definitions specific to education with the aim of formulating directives that guide educational practice. It relinquishes the role of philosopher as ‘spectator’, to one of philosopher ‘immersed in matter’ – in this case philosophical issues in education, specifically those related to philosophical inquiry, pedagogy and classroom practice. Put another way, it is a book about philosophical education.

Mentoring preservice teachers' reflective practices towards producing teaching outcomes

Reflective practice appears crucial for professional growth, and making connections between mentoring practices and mentees’ reflections may assist mentors to guide reflective processes. This interpretive study initially explores, through the literature (e.g., Dewey, Schön), common processes of reflective thinking and uses a mentoring feedback framework with six practices to collect and analyse video, audio and observational data around two mentor-mentee case studies. The findings showed that these mentors (experienced primary teachers) articulated expectations for teaching, modelled reflective practices to their mentees (preservice teachers), and facilitated time and opportunities for advancing teaching practices, which influenced the mentees’ reflective practices and their pedagogical development. This study showed that the mentors’ personal attributes influenced the mentoring relationship and the mentees’ abilities to critically reflect on their practices.

Coming to belong : a narrative analysis of international students’ experiences in an Australian university

This thesis reports on an interview study with 17 international students about their experiences of coming to belong in an Australian university. All used English as an additional language (EAL). The students’ narratives of ‘coming to belong’ are conceptualised through the theory of Bourdieu, in particular the concepts of field, capital, habitus and legitimation; and the methodological premises of critical realism’s layered ontology. The literature review argues that access to and accrual of a range of capital is critical to successful adaptation to a new educational system. This, and processes of legitimation by others in the fields, affects the senses of belonging for students of various linguistic backgrounds, of different countries of origin, studying from primary to higher education in diverse parts of the world. Data were collected by semi-structured interviews and email dialogues at three points during the students’ first year of study in Australia. The analysis shows how the students’ empirical experiences were ordered in terms of narrative structure—orientation, complication, evaluation, resolution and coda—and highlight the emotions generated by the sequence of events. The findings show that EAL international students sought new field positions through legitimation in multiple senses across (sub-)fields. They also show that academic, social and linguistic legitimacy granted by others produced a spectrum of belonging: in the centre, at the margin, and/or to meaningful intercultural encounters. This study makes a contribution to the growing literature around the experience of international students in higher education, and to empirical literature using Bourdieu to understand educational relations.

Using staffing ratios for workforce planning : evidence on nine allied health professions - a narrative review

Background: Modern healthcare managers are faced with pressure to deliver effective, efficient services within the context of fixed budget constraints. This requires decisions regarding the skill mix of the workforce particularly when staffing new services. One measure used to identify numbers and mix of staff in healthcare settings is workforce ratio. The aim of this study was to identify workforce ratios in nine allied health professions and to identify whether these measures are useful for planning allied health workforce requirements. Method: A systematic literature search using relevant MeSH headings of business, medical and allied health databases and relevant grey literature for the period 2000-2008 was undertaken. Results: Twelve articles were identified which described the use of workforce ratios in allied health services. Only one of these was a staffing ratio linked to clinical outcomes. The most comprehensive measures were identified in rehabilitation medicine. Conclusions: The evidence for use of staffing ratios for allied health practitioners is scarce and lags behind the fields of nursing and medicine.

Young Children, Pedagogy, and the Arts

"Young Children, Pedagogy and the Arts is an innovative text that describes practices and research that cross all five strands of the arts—visual, drama, music, dance, and media—and illuminates ways of understanding children and their arts practices that go beyond the common traditions. The book: - Offers practical and rich illustrations of teachers’ and children’s work based on international research that integrates theory with practice; - Brings a critical lens to arts education; - Includes summaries, reflective questions, and recommended further readings with every chapter. Young Children, Pedagogy and the Arts provides a more nuanced understanding of the arts through an exploration of specific instances in which committed teachers and researchers are discovering what contemporary multimodal tools offer to young children. Chapters contain examples of ‘doing’ the arts in the early years, new ways of teaching, and how to use emerging technologies to develop multiliteracies, equity, agency, social and cultural capital, and enhance the learning and engagement of marginalized children."--publisher website