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Legal Education Review |
EVALUATION OF AN INNOVATIVE
MODEL FOR
TEACHING
AN LLB PROGRAM
HELEN SAENGER, MARTIN HAYDEN, SAM GARKAWE
& JIM
JACKSON*
INTRODUCTION
In 1993 the Faculty of Law and Criminal
Justice1 at Southern Cross University developed an
innovative “block or “intensive teaching” model for the
delivery of the
first and second years of its three-year graduate LLB program.
This model represented a significant departure from the standard format
for the
teaching of LLB programs in Australia. In this article, we report an evaluation
of the effectiveness of the model. The results
of the evaluation shed light on
its potential strengths and weaknesses and provide insights into what some
Australian law students
value in teaching and program design.
Although the
block model was largely discontinued in 1996 for pragmatic reasons, it was
generally found to have been a successful
innovation. The findings from the
evaluation should, therefore, be of considerable interest to other law schools,
particularly those
actively exploring options to increase their flexibility in
program delivery. There is an emerging trend for law schools to offer
Masters
courses over short intensive teaching periods,2 and to
offer LLB units (mainly later-year ones) during summer semesters within time
frames that are more intensive than in the normal
semester.3 Staff administering these courses should
find the evaluation results especially relevant, particularly as the students
undertaking
the block program at Southern Cross University were all graduate
students4 whose reactions to an intensive teaching
program are more likely to be comparable with those of LLM and later-year LLB
students.
The article begins with an explanation of the block model and a
description of how the evaluation was implemented. The article then
describes
how the first cohort of students to undertake the law program at Southern Cross
perceived block teaching in the first and
second years of their LLB program, how
they perceived the traditional semester system in the third year of the program,
and how they
reacted to the work experience placements made possible by the
flexibility provided by the block model. Lecturers’ perceptions
of the
model are also reported. The article concludes with a summary of the strengths
and weaknesses of the model. It examines the
potential criticism that the block
model was essentially reactionary in legal education terms, in that it may have
constrained opportunities
for student reflection, is addressed. While the model
may have some inherent difficulties, it is argued that these difficulties can
be
minimised with careful planning, particularly in relation to student assessment,
and that the model is potentially a highly effective
and flexible way of
delivering a law program.
THE MODEL
There were two distinguishing features of the block
model introduced in 1993. First, it employed sequential six-week teaching blocks
for the delivery of core subjects in the first and second years of the
three-year program.5 During each of these blocks,
students attended class for between 16 and 20 hours per week. In first year,
they completed four six-week
teaching blocks, one each for Introduction to Law,
Constitutional and Administrative Law, Torts and Contracts. In second year, they
completed another four six-week teaching blocks, one each for Property and
Equity, Criminal Law and Procedure, Family Law, and Evidence
and Procedure. In
addition, they completed two three-week teaching blocks, one in first year for
Skills 1, and the other in second
year for Skills 2. Upon completing each
teaching block the students undertook an examination in the subject
taught.6 In 1993 and 1994, the examinations took place
immediately following completion of each block. In 1995 and 1996, a one-week
swotvac
was introduced at the end of each teaching block to allow students time
to prepare better for their subject examinations.
Second, the timetable of
the block model during the first two years of the program was arranged so that
teaching commenced in January
and concluded in July.7
This timetabling arrangement was intended to allow students to commence work
experience placements in the legal industry from August
onwards.8 During these placements the students were
expected not only to obtain important insights into the practical operation of
the legal
system but also to finalise outstanding assignments, drawing upon
their work placement setting to inform their thinking. All assignments
were due
for submission after mid-September, at which point the students completed their
year’s work.9
The sequential six-week
teaching blocks were seen as being potentially attractive to graduates seeking
to undertake an LLB course
because of the opportunity each block provided for
students to engage deeply with the body of knowledge and skills in a subject
area.
The teaching blocks were also expected to enable better use to be made of
guest lecturing time and to provide staff with the timetabling
freedom required
to give students access to the courts and to community-based learning resources.
Access to these resources was essential
as a means of countering any sense of
intellectual isolation because of the Law Faculty’s location in the
relatively small
town of Lismore on the north coast of New South
Wales.10
Altering the commencement date for the
academic year to January was motivated by similar considerations: it would
provide an opportunity
for students from as early as August to undertake work
experience placements that would give them exposure to legal practice outside
the north coast region of New South Wales. The work experience placements were
also expected to contribute to the quality of their
classroom discussion, give
the students valuable practical experience and improve their prospects of making
a successful transition
to professional practice.11
A traditional semester model was adopted for the final year of the
three-year program because this was the only way in which students
could
undertake elective subjects. Third-year law subjects were taught concurrently,
therefore, and the academic year commenced in
March and concluded in October.
The block model was largely discontinued in 1996 in response to pressure
mounting from within the University to have combined undergraduate
degree
programs involving law. There was also a view within the Faculty that the needs
of high-achieving school leavers from north-eastern
New South Wales who wished
to study law were not being met because of the graduate entry requirement for
the program. Accordingly,
a decision was taken to allow undergraduate entry to
combined degree programs involving law from 1996 onwards. This meant having
to
revert to a traditional semester model with program delivery beginning in March.
The block model was not completely abandoned,
however. It continues to be used
for the teaching of three subjects; Evidence and Procedure, Family Law and
Criminal Law. This arrangement
is made possible because in all of the combined
law degree programs one semester of studies is devoted solely to the teaching of
law subjects.
As with the traditional semester model, the block model was
established primarily in response to pragmatic considerations (concerning
the
need to provide timetabling flexibility, extended student access to guest
lecturers, the opportunity for students to have work
experience placements, and
so on). It was also not formally grounded in an area of educational theory,
though insights from educational
theory, and from the literature on innovative
practices in legal education, were certainly influential, particularly on the
ways
in which teaching was undertaken and on the uses made of the assessment
requirements. Most staff of the Faculty were familiar with
and sought to
implement the “Guidelines for Effective University Teaching” issued
by the Australian Vice-Chancellors’
Committee in April, 1993; in
collaboration with staff from the University’s Teaching and Learning Unit,
they sought to implement
practices advanced by contemporary experts on student
learning such as Entwistle,12
Ramsden,13 Marton14 and
Biggs,15 and they discussed and drew ideas from
valuable recent contributions to the legal education literature such as those by
Rogers,16 Hasche,17 and Le
Brun and Johnstone.18 In terms of the framework for
teaching law elaborated by Joughin and Gardiner,19 the
block model, which involved studying one subject at a time, represented a major
change in “context” from the traditional
concurrent presentation of
law subjects. Ramsden has drawn attention to the critical importance of
“context” as an influence
on “student approaches to
learning” and “learning outcomes”.20
Of general interest in the evaluation, therefore, was the nature of the impact
of a block model “context” on student
approaches to learning and on
learning outcomes.
IMPLEMENTATION OF THE EVALUATION
Evaluation of the block model began in 1995 and
concluded in 1996, with partial support from an evaluation skills development
grant
obtained through the Commonwealth Staff Development Fund. The methods of
naturalistic inquiry21 and grounded
theory22 were employed to collect and analyse the data.
These methods entail “rich description” of the phenomenon under
evaluation,
from which “emergent themes” may be identified. The
importance of exploring the setting-specific nature of individual
experiences is
emphasised, which is consistent with current practice in educational research
and evaluation: “the single individual
is not or should not be the main
object of interest in educational research. Rather interest has to be focused on
people in institutional
settings, that is on the learner in
context”.23
The informants were 15 third-year
law students and five lecturing staff who taught in the block model. The fifteen
students were volunteers
from the cohort of 35 students enrolled in the third
year of the program in 1995. No bias was apparent in terms of the
representativeness
of the group.24 Third-year students
were selected because they had experience of both the block (in the first and
second years) and the semester
(in third year) models. As they were graduates of
other university courses, the students also had prior experience of traditional
semester models of program delivery. It was expected, therefore, that they would
be very well able to make comparisons between the
two formats.
An attempt
was made to interview all 10 academic staff in the Faculty who had taught in the
block model. This proved impossible because
five of the staff members concerned
were on extended periods of leave (study leave and maternity leave mainly) at
the time when the
evaluation was undertaken. Unfortunately, this resulted in
only one of the three female staff contributors to the block program being
interviewed.25
The interviews with staff and
students followed a set of guiding questions formulated in consultation with the
Dean of the Faculty.
Permission to conduct the evaluation was obtained from the
Southern Cross University Ethics Committee. The students were contacted
by
telephone and an interview was organised at a time convenient for them.
Semi-structured interviews were conducted by Helen Saenger,
who assured the
students of confidentiality, obtained signed informed-consent forms, and took
detailed notes during the interviews.
Immediately following each interview, the
interviewer checked the notes and completed any sections that were unclear.
Memos were
made at this point to assist with the thematic analysis. Data sets
consisting of the detailed notes from the interviews were then
analysed for
underlying themes. Responses were initially grouped according to whether they
related to the six-week subjects in the
first and second years, or to the
semester-length subjects in third year. Using a “constant comparative
method,”26 similar responses were then grouped
and summarised to form themes. Each piece of information was identified by
interview and numbered
so that a coding system of alphanumeric references could
be superimposed on the content of the data.27 This
technique provided an audit trail which was checked by an independent observer
who found the analysis was appropriate to the
data and that the data
corresponded closely to the information reported. The interviews with staff and
the analysis of the data collected
from them proceeded in a similar fashion.
To provide for the trustworthiness of the data, attention was paid to the
following: (a) triangulation — information on the
topic of the evaluation
was obtained from two sources, students and staff; (b) persistent observation
— data was collected
over a five-month period during which the informants
had ample opportunity to provide additional information through meetings on
up
to three occasions with the interviewer; (c) peer debriefing—the
interviewer routinely held discussions with professional
colleagues prior to
interviews and during the data processing as a means of checking assumptions,
clarifying interpretations, exploring
meanings and probing any biases; (d)
member checking—the informants were provided with an opportunity to check
the results
on two occasions, first when a summary of interview notes was
returned to each student interviewee for verification, and second when
the
students interviewed were invited to check themes and interpretations arising
from the data; and (e) auditing — as reported
above, an independent
auditor was invited to establish whether the conclusions arising from the
evaluation could be supported from
the data gathered.
STUDENT PERCEPTIONS OF THE BLOCK MODEL
The fifteen student informants were widely
experienced in terms of educational background, having all successfully
completed previous
university studies in areas as diverse as arts, business,
nursing, psychology and social science. They ranged in age from their
mid-twenties
to over fifty years. They were graduates who had decided to return
to full-time studies, in most cases at considerable personal and
financial cost,
and they were highly motivated to succeed. Overall, they were seeking a change
in career path, realising a lifelong
ambition to study law or hoping to apply
their legal training to their already-established professional activities in
areas such
as forestry or nursing.
They were asked a range of questions
intended to elicit their reactions to the block model. The questions included:
can you describe
to me what it was like learning under the block system? what
kinds of things did you do? how did you learn — can you give me
some
examples? what were the most valuable and least valuable aspects of the
system?28 From an analysis of their responses, the
following themes concerning strengths and weaknesses of the block model were
identified.
The principal strengths were that the model allowed for a
focused approach to learning, provided a good deal of structure, gave students
a
contextual framework, was efficient in its use of time, and allowed for extended
learning,29 continuous learning, and shared learning.
Some students also felt that the model required less effort in preparing for
exams.
About two-thirds of the students reported that the block model was
very attractive because it encouraged learning to be highly focused:
“You
had the ability to focus on one subject area.” Another student reported:
“[It was] a better way to learn,
being able to contemplate and do one
topic at a time. It is more conducive to being able to understand.”
Another commented:
“I enjoyed having no real distractions with another
topic, not robbing Peter to pay Paul.” The opportunity to focus on
one
subject at a time was generally seen as having been conducive to more effective
learning: “You could focus your brain on
one area, and I perform better
than when I have to spread it over four areas.”
Over one-half of the
students reported being satisfied with the highly structured nature of the block
framework. One student explained
how:
In the block model there was a structure. You get organised, and get your head into the books. You start indexing, do more reading, have 9-30 to 4-30 face-to-face, go home and read for three hours for the next day. The structure was good. You knew where you were going.30
The pressure to keep up with the work
imposed a valuable routine on learning: “It required a certain self
discipline. You had
to read all the material and cases prior to meeting in a
discussion group.” The structure encouraged better personal organisation:
“In the block model you have to divide up the block evenly, cover ground
in correct proportions and keep moving on” and
“The block model gave
us a structure and all we had to do was read our heads off.”
The block
model was considered to provide a valuable integration of learning by about
one-half of the students interviewed. The following
comments illustrate what
students meant by this: “You get an overall picture;” “In the
six-week block learning
system you get a basis, the broad umbrella;” and
“In the block system it is day-to-day and you listen and everything
comes
together. You can see how law is interrelated in the block model.” There
was a strong sense of the importance of being
able to build on a framework:
“It is a building process. You are building on law. A two-hour lecture was
followed by a two-hour
tutorial and you could clarify issues.”
For a
little over one-third of the students, the block model was popular for the fact
that it enabled an efficient use of time. These
students felt that it was good
to get individual units completed in the six-week blocks: “With the block
model you were away
and racing.” These students felt that, even though the
six-week blocks were compressed, more was being learnt through the block
model
than would have been the case had the individual subjects been spread over a
normal academic year. For these students coming
to the University for a full day
was considered to be efficient and there was a strong sense of personal
achievement, especially
if they had done the reading and were prepared.
One-third of the students referred to the fact that the block model had
allowed for extended learning in a number of ways:
... in Evidence and Procedure we went to Brisbane two days and sat in on cases and I found that was useful. Sitting and watching law at work. That would be hard to organise in the semester system because of clashes With other subjects. Students can be taken away in the block system. You can organise things with only one subject. That was a useful thing about the block system. We also went up to the Family Law Court for one day in Brisbane. That was a benefit, seeing the law at work.
For these students, one of the
most attractive features of the block model was the fact that it enabled them to
have months work experience.
Other strengths of the block model were
referred to by less than one-third of the students. Students commented the
continuity provided
by the model: “Everything flows logically” and
“You have a good sequence”. This “flow of the work”
was
linked with being able to have continuing contact with the lecturing staff
responsible for individual subjects. Staff were available
on a day-to-day basis.
Another attractive feature was that there was more opportunity for shared
learning. The fact that everyone’s attention was focused
on one subject at
a time enabled better discussion both inside and outside class: “You can
assume everyone has done the reading
and knows the issues. In the block model
you all have the same information and the same knowledge.” For one student
this shared
focus meant more in-depth study of material, while for another:
“It allowed you to read, make conclusions. Your ideas were
modified by
lecturers and other students and by the views they brought forward.”
Another attractive feature concerned revision for examinations. Several
students commented that because of the intensive nature of
studying under the
block model the information was still recent and fresh in their minds as they
approached examinations: “You
could study one unit all the time and the
stuff was still in your brain because you don’t need notes. You just
needed a trigger.
A case name was enough to trigger.”
All of the
students were aware of weaknesses in the block model, though some of these were
regarded as being of minor significance
by the students who raised them. The
main weaknesses were: the inappropriateness of the block system for some kinds
of subjects;
insufficient time for study, reflection and consolidation during
the six-week teaching blocks; the potential in the block system
for falling
behind with the work; monotony in being confined to the study of one subject at
a time; and stress associated with juggling
commitments.
Over two-thirds of
the students reported that some subjects were inappropriate for teaching in
six-week blocks because they were “too
dense” for absorption in the
time available. Subjects such as Property and Equity, and Constitutional Law,
were considered
to be especially unsuited because of the amount and level of
difficulty of the material covered. On the other hand, subjects such
as Criminal
Law, Torts, and Family Law, which “had an overarching continuity about
them”, were regarded as being well
suited to delivery in six-week teaching
blocks.
One-third of the students reported that the model did not allow
sufficient time for study. There did not seem to be enough time to
look at each
individual part, to grasp some of the detailed concepts, and to “see where
everything fitted. One student described
how: “In the block system you
rely a lot on memory, and very soon after the exam you have forgotten a lot. Not
much has sunk
into the long-term memory. The block system encourages rote
learning and relies on short-term memory.”31 The
theme underlying these kinds of comments concerned the rushed nature of study
during the six-week blocks.
A related theme, evident in the comments of
another one third of the students, concerned the sense that the six-week
teaching blocks
did not provide sufficient time for reflection and consolidation
of learning.32 One student commented: “... I
wonder how much sinks in and how much you are able to digest before you move on
to the next area.
Reflection time is missing in that respect.” Another
reported: “There was a major topic day after day. There was no time
to
consolidate and I was left with a real inferiority complex.”
About
one-third of the students felt that a major drawback of the block model was the
fact that it was possible to fall behind very
easily in the event of sickness or
family problems: “The problem was if you were sick or had family problems
and missed a day
or two, or if you just missed reading for the three or four
hours which was required each night, you would get a long way behind.”
One
student reported that if you missed a day it was impossible to recoup the time
and that the only chance to catch up was in the
revision period: “You can
go through a subject not understanding.” Another student remarked that
even missing part of
a lecture could prove crucial: “At the beginning of
the week if you missed a lecture and it was an integral or basic concept
it
would throw you and you couldn’t get a grasp on the whole thing.”
Studying intensively in six-week blocks was reported by about one-third of
the students as being monotonous. These students described
how it could get
boring if the student was not interested in the topic because the block model
did not allow any other outlets for
study. “Cross pollination” with
other subjects was described as being absent from the block model, and there was
also
lack of choice. This could lead to a feeling of saturation: “If I
read one more word about this topic I’ll explode. It
can be interesting,
but when you worked over it and over it, it gets a bit much.” The block
model was felt to lack the flexibility
of the “normal” situation:
You get to the point where you get tired of doing 100 pages of reading per day after 18 weeks. In the normal situation you get flat spots, you can stretch one or move onto another. In the block system you can’t juggle. You are stuck with one thing and reading all about a particular subject gets tedious. I found this the case far more last year and other people in second year have found it also. It is a definite factor in burnout.
Stress in
completing the six-week blocks was a major factor for as many as one-third of
the students. Two students admitted getting
very sick during the course, while
several others reported that they had felt socially isolated while doing the
course: “Socially
for the last two years I did not have much interaction
at all.” Others had to juggle family commitments, attend lectures and
do
all the readings at the same time. One student reported that there was extra
pressure on students receiving AUSTUDY in that these
students could not skip a
block for financial reasons. Financial support from AUSTUDY was dependent upon
continuous enrolment in
the blocks. The only students who could afford to skip a
block were those who were financially independent. For some students the
need to
persist in order to continue to receive AUSTUDY had placed a lot of pressure on
them and was described as an “all or
nothing situation.”
When
asked to comment on factors affecting the quality of their learning experience
in the block model, the students promptly identified
two important influences.
The first concerns teaching methods employed and the teaching context. The
second concerns individual differences
and the dynamics of the student group.
The teaching methods employed by staff varied. Some staff were reported as
having adopted a highly structured and strongly directive
approach. Others
encouraged a high level of class discussion and participation, referred to by
some of the students as a Socratic
approach.33 Six
students provided comments on this approach. A criticism was that use of the
approach allowed outspoken students to dominate
in class, with the result that
other students felt inhibited about contributing to
discussions.34 In addition, these students thought that
this teaching strategy had been introduced too early in the program, and that
some of the
lecturers were inexperienced.
Almost two-thirds of the students
commented on the teaching performances of the staff. There was a general
perception that “good
experienced lecturers with recent practical
experience” were required for the block model to be effective in terms of
student
learning. Several students felt that the block model “puts a lot
of responsibility on the lecturers.” One reported, for
example, that:
It is thrown back onto the lecturer and their presentation needs to be clear and in point form. That way you don’t have to reformulate it. It encourages rote learning. You can’t recast it. You have to learn it as it is presented. This puts a lot of pressure on lecturers. It is hard on them. It is dependent on their presentation and, if they are inexperienced at lecturing, it is hard for the students and you can’t understand all that well.
It was considered critical by these students that
staff teaching in the block system should be well organised and adequately
prepared
prior to commencing a block. It was essential that student learning
should be directed through the use of clear objectives accompanied
by lecture
outlines and summaries which focused attention on the main issues. In addition,
it was helpful to students if tutors and
lecturers were practically oriented and
were able to present material in a way that “related to the real
world.” This
“real world perspective” was appreciated and
described as having “contagious enthusiasm.”
The second group of
influences concerned individual differences and group dynamics. Eleven students
described at some length how their
own individual learning preferences had
affected the quality of their learning experiences in the block model. For some
students,
the block model was ideal because it suited the fact that they were
personally “well organised,” or “tended to
be crammers
anyway.” For others, the semester model was preferred because it allowed
“a perforation period,” that
is, it allowed time for material to be
understood and integrated. Seven students reported that the dynamics of the
group had adversely
affected the quality of their learning. There was apparently
a great deal of rivalry within the class, with some students tending
to dominate
at the expense of quieter and less confident students, and at times it was even
difficult for lecturers to maintain control
of the
class.35
Three students reported that their views
on the block system were coloured by their early experiences as a student in the
Faculty.
The Faculty was newly established when they commenced the LLB program
in 1993; some of the lecturing staff on the program were inexperienced;
and
there was limited access to the library collection because of the restricted
library hours during the summer months. These students
recalled also that the
summer months of 1993 had been extremely hot and very uncomfortable for study.
STUDENT PERCEPTIONS OF THE TRADITIONAL SEMESTER MODEL
Comments made by just over one-half of the fifteen
students surveyed suggest that the semester model represented a substantially
different
context for learning. The semester model was described by these
students as “an easy way of studying” and as having “a
more
relaxed pace.” Interpersonal rivalries among the students, which were
possibly accentuated by the pressures associated
with the block model, were
reported as having diffused by third year. There seemed to be more time for
relaxation and more time to
spend with their families. There was less structure
imposed on learning, and several students described how work could be “put
off” or “juggled.”
The flexibility of the semester model
meant that learning could be more student-directed: “It is more up to
individuals how
much time and effort they put into each subject.” Students
generally placed less emphasis upon the importance of lecturing
ability and
teaching styles in their comments about the semester model, and learning was
felt to depend a great deal more upon motivation
and personal organisational
skills than had been the case in the block model. Good organisational skills
were required to meet deadlines
for assignments, to keep up with reading and to
prepare for tutorials.
Undertaking four subjects concurrently in the
semester model was reported by about one-half of the students as having the
following
advantages: students learned how to deal with a number of areas of
learning at once; there was greater variety in the subject matter,
which
resulted in study being more interesting; students felt they had time to catch
up if they fell behind; the semester model gave
them more time to research
material; and they found that it was easier in the semester model to reflect on
material and retain information.
On the negative side, over one-half of the
students reported that they sometimes found it confusing to have to take in
information
from four relatively unrelated subjects at once, and there was much
less opportunity in the semester model for excursions and other
forms of
extended learning. For some, there was also a loss of continuity and focus:
“We are chopping and changing all the
time. We have a lecture, followed by
a different tutorial, followed by lunch, then something else.” The
semester model was
described as being “segmented” and
“disjointed”, which meant for some students that they were unable to
obtain
an overall picture.
STUDENT PERCEPTIONS OF THE WORK EXPERIENCE PLACEMENTS
Eleven students reported having undertaken work
experience placements, varying in duration from 6 weeks to 10 months over the
two-year
period of the block model. This range reflects the fact that some
students were able to take full advantage of the time available
to them for work
experience, while others for various reasons chose to do a work experience
placement in first year only, or on a
part-time basis. Some students were placed
with local solicitors, while others travelled as far afield as Brisbane,
Newcastle and
Sydney. Four of the students interviewed did not do work
experience placements. The reasons for this varied and included family
responsibilities
and financial commitments which necessitated remaining in the
Lismore region.
There was strong support for the value of the work
experience placements, which students described as “useful”,
“a
bonus” and “valuable in providing practical
knowledge”. For some students the placements compensated for having
coped
with the pressures of the six-week teaching blocks: “At the time, with
everything being cramped in, it’s difficult.
But it pays off in the
end—being able to work at the end of the year.” Some students
reported that the practical experience
obtained through the placements had given
them a strong advantage over students at other institutions.
The quality of
the work experience obtained varied across placements and was affected to a
large extent by what was happening in each
workplace. Students placed with
solicitors were most likely to have been engaged in family law and workers
compensation cases. Students
working in Sydney were involved with
non-English-speaking clients and with community legal centres — these
offered the students
a rich variety of experiences, including research work for
community services, attendance at meetings with representatives from government
organisations, and submission writing. Some students found, though, that they
were working simply as clerks or doing photocopying.
In some firms, the
solicitors did not have time to teach the students very much, and if firms were
short-staffed, then the students
ended up working long hours.
The quality of
learning from the work experience placements may possibly have been greater for
students in the second year than the
first year of the program. One student
commented: “In the Australian Securities Commission [in first year] I did
not know anything
and got stuck on one case. In the Crown Law Office last year
[that is, in second year] I had more knowledge and more to contribute.”
Other students expressed similar views.
There was an important link for five
students between having a work experience placement and obtaining future
employment. Indeed,
several students were initially attracted to the law program
at Southern Cross because of the opportunity to undertake a work experience
placement, which was seen as possibly making them more attractive to employers.
Several students saw their work experience placements
as providing them with
direct openings for future employment. One student described, for example, how a
legal firm had said: “Do
stay in touch. We’ll be interested to talk
to you after you finish your degree. And I have stayed in touch.”
Learning by doing and observing was a characteristic of work experience
placements for a majority of the students. Several described
how they had
acquired practical skills in case work, while others described becoming involved
with cases and how this meant taking
on responsibilities, going to court and
meeting with barristers. One student described how she had learned the art of
questioning:
“I learnt the art of asking the right questions, how to look
for flaws in an argument and how to bolster an argument.”
Others described
learning a great deal about office procedures, legal letter writing, preparing
submissions for government organisations
and how to write an advice. Some
students described how they learnt indirectly through observing: “I did
not learn much about
law. I learnt how a law office runs and about the pressure
solicitors are under.” Students described becoming familiar with
the
courts, with various court-related procedures and with court personalities. One
student commented: “It was good. You sort
of crept your way into the legal
system.”
Work experience placements were reported by six students as
having contributed to the quality of class discussion: “It raised
the
standard of discussion in the class more than if students hadn’t gained
practical experience.” The placements also
gave two students a greater
sense of direction in a discipline considered to be “all
encompassing” and in which there
was seen to be a need to specialise. One
student described how the experience had given him more direction regarding
which field
of law to pursue: “I consciously chose optional subjects and I
found out what’s needed out there and what is not.”
Some subjects
were considered to be of academic interest whereas others were “where the
bread and butter will come from.”
The placements also helped to bridge the
gap between theory and practice for about one-half of the group. One student
commented:
“I was able to relate theory to practical through
experience.” Another said: “I could apply law in reality.”
There was strong appreciation for the fact that the course as it was structured
was trying to bridge the “credibility gap”
between academia and the
legal world.
LECTURERS’ PERCEPTIONS OF THE BLOCK MODEL
The five lecturers interviewed reported that teaching
in the block model was very demanding. The situation required time, energy,
knowledge, experience, and good preparation. Staff were able to meet these
demands to varying degrees according to their personality,
level of other
commitments, preferred teaching style, legal background and prior experience in
teaching. All of the staff referred
to the difficult circumstances in which the
block model was introduced—a new Faculty, new staff, new course and
general need
for more administrative support: “If everything was in place,
perhaps the pressure would not have been so great. It doesn’t
mean I
don’t think it was a good idea. It was hard at the time.”
It was
generally agreed that one of the major attractions of the block model was its
capacity to allow flexibility and innovation
in course delivery. The six-week
blocks enabled visits, excursions, and guest lectures to be arranged for all
students: “In
Evidence and Procedure we had four weeks of teaching and two
weeks of court visits and discussion.” Further, the block model
allowed
significant access to external expertise, which helped greatly with the
credibility of the course during its early stages.
Within the classroom setting
there was more flexibility and greater opportunities for duplicating real life
situations in the conduct
of moots: “It was a more real-life experience
when students were limited in time to forty-eight hours in which to
prepare.”
The block model encouraged innovation: “The intensity also
forced me to think about other strategies. I moved into other sorts
of teaching
strategies to get students involved but ensure time was quality time for
them.” Several lecturers reported that
block teaching had forced them to
redefine their conceptions of teaching in ways that were more student-centred
and that required
them to become more concerned with the individual learning
needs of their students.
Teaching in the block model was attractive because
it was so highly focused: “The block model had the advantage of being able
to focus—to the exclusion of anything else. Nothing else was coming into
their [the students’] minds.” Another
student commented: “I
had their full attention and there were no other demands.” In this sense
lecturers did not have
to compete with other distractions and students were
observed chatting excitedly out of class about the subject matter. A related
advantage was that teaching over the summer break meant that it was easier to
access library resources, guest lecturers, a range
of teaching rooms and
teaching resources generally.
Some staff felt that they also performed
better within the highly-focused block system: “In the block system it was
full-on
and I would close my mind. All other responsibilities were put on hold.
I gave my all to my teaching.” Lecturers found that
they did not have time
during block teaching to be distracted.
Teaching in the block model was very
intense: “It takes 100 per cent of your time.” Another lecturer
reported: “It
was a hectic life, teaching all day and reading all night
just to cope.” It was particularly difficult for staff who had demanding
administrative responsibilities within the Faculty or who had family
commitments. The intensity could create anxiety for lecturers
if they got sick
or had to miss a day’s lectures. There was the worry of “What do I
do?” Several lecturers described
the block model as having been stressful:
“I was in a state of physical exhaustion” and “I needed to
take stress
leave at the end of the block.”36
Several staff were happy to return to a semester model because it was felt to be
much less stressful than the block model.
The block model required staff to
be prepared: “You had to be extremely well prepared before the course
started.” Lecturers
reported that once the six-week block teaching began,
there was no time for reconsidering the direction taken or for reconfiguring
lecture notes and plans for student learning experiences. Those teaching in the
block system for the first time found this to be
very demanding, but lecturers
teaching in the block system for a second and third time reported that it became
easier with experience.
Lecturers also found that some subjects fitted better
with the block model than others: “Some subjects benefited and some did
not.” It was considered that court-based subjects such as Evidence and
Procedure, Criminal Law, and Family Law were the most
suited to block teaching.
To a certain extent how staff reacted to the block model depended on their
personality and reflected individual teaching preferences.
For one lecturer the
block model was stressful but enjoyable: “You got wound up and could keep
going at that pace,” and
“Some are good at doing one thing at a time
and I find it better to be totally immersed.” For another the model
matched
the person’s professional background: “I found it very
satisfying and enjoyed it. I have a background as a barrister
and I fitted
happily into block teaching.”
Staff considered that the students were
generally very well prepared for examinations as a result of having intensive
teaching followed
by a short revision period. Several reported, however, that
they had been very concerned about the strain placed on students and
their
families by the block system, and also about the lack of reflection time
available to students. One lecturer reported, for
example, that it was not
possible to do much more in the six-week block than simply familiarise students
with a subject area. Others
reported that there seemed to be no time to attend
to details.
SUMMARY AND CONCLUSIONS
This article has presented insights into the
strengths and weaknesses of the block model introduced in 1993 at Southern Cross
University
for the teaching of an LLB program to graduate students. In general,
the block model was successful because it allowed students to
engage with
individual subjects in a way which was focused, structured, and time-efficient,
and its design allowed valuable opportunities
for extended learning, both within
individual subject blocks (through visits to courts, realistic time frames for
moots, availability
of guest lecturers for extended periods) and through its
highly popular system of work experience placements. At the same time, it
was
highly stressful and it resulted in learning under pressure, with insufficient
time during the six-week blocks for reflection
and consolidation (particularly
in some subjects such as Property and Equity, and Constitutional Law). However,
once the teaching
blocks were completed in July, students did have time for
reflection and consolidation from then until mid-September, during which
time
they completed outstanding assignments. Staff reported that students made
considerable progress in integrating their knowledge
during this period, and
students confirmed that they had found this period to be valuable to their
deeper understanding of the law
subjects studied in the six-week blocks.
The
evaluation has been interesting for the light it throws on the argument by
Biggs37 that teaching and learning do not take place in
a vacuum: how they occur and the conceptions students have of their
effectiveness
are critically dependent upon the nature of the interactions
between the learner and the specific setting. The block and the semester
models
represented two markedly different settings for learning. The experiences of the
same group of learners, and their needs from
the lecturing staff, varied
substantially across the two settings. In the block model, for example, the
students portrayed their
learning as having been dependent to a large extent
upon the quality of the direction provided by their lecturers—who needed
to be “organised,” “adequately prepared prior to commencing a
block,” willing to provide “clear objectives”
to accompany
lecture outlines, able to reinforce main points and practised in checking for
understanding. In contrast, learning in
the semester model was generally felt to
have been self-directed and largely dependent upon self-motivation and personal
organisational
skills. In the context of the semester model, students placed
less emphasis upon the importance of lecturing ability and teaching
styles. The
change in context, therefore, brought about a different set of interactions
which affected teaching and learning. As
Ramsden has asserted: “In
everyday studying, the context of learning is an ever-present influence on
students’ activities.”38
Critics of the
block model may assert that it is reactionary in legal education terms. One
argument, for example, is that a block
model reduces opportunities for student
reflection. The contention is that over the standard teaching semester of 13
weeks students
have more time to interact with the subject matter and to acquire
a much deeper and more critical understanding of it. This argument
might have
substance if the students were studying only one subject for 13 weeks, but in
practice students usually undertake four
subjects concurrently over a
traditional semester, which means that they probably have no more time for
reflection on an individual
subject than was possible in the block model.
Time is, of course, only one of the necessary conditions for student
reflection on the subject matter. Another important condition
is the student
assessment schedule. In the Southern Cross model, each of the six-week teaching
blocks was followed by an examination
in the subject taught. In addition,
however, for all subjects taught in a year, a major assignment had to be
submitted by the students
after mid-September, some seven months after the
conclusion of the first teaching block, and six weeks after the conclusion of
the
last. Given these time frames, a well-designed assignment could achieve
significant student reflection on all issues raised both
within and across the
subjects studied in a year. While the block model entailed a sequential approach
to studying individual subjects,
the assessment requirements provided
circumstances for ensuring that there was integration of learning across all
subjects.39 A similar approach could also answer the
criticism that block teaching may not be suitable for courses that include
significant amounts
of theoretical and/or critical
material.40 Again, by suitably designing the assessment
items and their timing, such problems could be minimised. Nevertheless, we do
not underestimate
the difficulties of teaching theoretical and/or critical
materials in a block system.
Another common claim in favour of the
traditional semester model is that knowledge learnt in one subject will assist
student learning
in another. Interestingly, the students interviewed did not
claim this to have been one of the advantages of the semester model.
Perhaps the
existence of this benefit from studying a number of law subjects at the same
time is assumed rather than actual, and
that the effect is not explicitly
planned for in the structure of most traditional semester programs.
Finally,
what are some of the tentative lessons for a law school wishing to replicate in
full or in part the block model introduced
at Southern Cross University? First,
a significant advantage of block teaching is that it permits students in first
year to develop
prerequisite knowledge of legal processes before proceeding to
study particular areas of law. In the Southern Cross course, for example,
students were able to complete an Introduction to Law unit before proceeding to
undertake the substantive law units of Constitutional
and Administrative Law,
Torts, and Contracts. Second, a key benefit of the block model is that it
enables the timetabling freedom
for valuable learning experiences in the form of
moots conducted over several days, court visits, and excursions. It also is a
more
efficient use of guest lecturer’s time and allows for scheduling of
work experience placements. Third, the block model may
well be better suited to
some subjects than to others. Full-year subjects such as Property and Equity,
Constitutional Law and Administrative
Law may be too demanding for students for
delivery by means of six-week blocks. Fourth, teaching in a block model is
highly demanding
of staff, requiring experience, excellent personal
organisational skills and detailed prior planning. With practice, however, staff
found it much less difficult to do. Nevertheless, block teaching will suit some
staff more than others. Finally, students appear
to require more support with
their learning in the block model than may be the case with a semester model.
Stress-management skills
are important, as well as the need to be prepared in
advance for the intensive nature of studies in a six-week teaching block.
* Lecturer, Teaching and Learning Unit, Professor, Teaching and Learning Unit, Senior Lecturer, School of Law and Justice, Professor, School of Law and Justice, Southern Cross University, respectively. ©1998. [1998] LegEdRev 3; (1998) 9 Legal Educ Rev 59.
1 Due to an organisational restructure of Southern Cross University, this Faculty was replaced in 1997 by the School of Law and Justice.
2 For example, most of the Melbourne University Law School’s Masters courses are taught in an intensive manner, often over a one-week period. See The University of Melbourne, Faculty of Law, Graduate Studies and Continuing Education Program 1998.
3 For example, subjects offered in the University of Queensland’s summer semester in 1998 are all taught over a three- or four-week period. See brochure of The University of Queensland, Summer Semester 1997/98.
4 The Southern Cross LLB degree in 1993 was only open to graduates. It was not until 1996 that the first non-graduates were admitted (see below).
5 The sequencing of units in the first two years of the program reflected pragmatic considerations related primarily to staff availability. The Introduction to Law unit was deliberately placed first, however, to address prerequisite knowledge requirements. Being able to teach this unit first represented a distinct advantage of the block model in comparison with a traditional semester model for LLB programs, where students undertake introductory and substantive law subjects simultaneously.
6 For each of the subjects taught in six-week teaching blocks, students were also required to submit a major assignment, due after mid- September. In some subjects, an additional requirement was a contribution to a moot court and/or the writing of a court report.
7 Teaching concluded in July but the academic year, and assessments, did not conclude until after mid-September.
8 Staff tried to help students to find placements but ultimately it was the responsibility of the students to find their own placements.
9 The mid-September date was set to accommodate requirements imposed by the federal government’s student financial assistance scheme, AUSTUDY.
10 The law program has grown rapidly since 1993 when 57 students enrolled in the program. There were a total of 89 students enrolled in the program in 1994, and a total of 132 students enrolled in 1995. Growth was contained in 1996, when a total of 118 students were enrolled in the program. There were 62 graduates from the program by the end of 1997.
11 The Skills 1 and 2 subjects made formal provision for linking these experiences with the study of law.
12 N Entwistle, Motivational Factors in Students’ Approaches to Learning, in DR Schmeck ed, Learning Strategies and Learning Styles (New York: Plenum Press, 1988).
13 P Ramsden, Learning to Teach in Higher Education (London: Routledge, 1992).
14 F Marton, Describing and Improving Learning, in Schmeck, supra note 12.
15 J Biggs, From Theory to Practice: A Cognitive Systems Approach (1993) 12 Higher Education Research and Development 73.
16 N Rogers, Improving the Quality of Learning in Law Schools by Improving Student Assessment (1993) Legal Educ Rev 133.
17 A Hasche, Teaching Writing in Law: A Model to Improve Student Learning [1992] Legal Educ Rev 267.
18 M Le Brun and R Johnstone, The Quiet (R)evolution: Improving Student Learning in Law (Sydney: Law Book Company, 1994).
19 G Joughin & D Gardiner, A Framework for Teaching and Learning Law (Sydney: Centre for Legal Education, 1996).
20 P Ramsden, Context and Strategy: Situational Influences on Learning, in Schmeck, supra note 12, at 159.
21 YS Lincoln & EG Guba, Naturalistic Inquiry (Beverly Hills: Sage, 1985).
22 B Glaser & AL Strauss, Discovery of Grounded Theory: Strategies for Grounded Research (Chicago: AVC, 1967).
23 Marton, supra note 14, at 76.
24 The volunteers were representative of the cohort in terms of gender, age and academic achievement.
25 There did not appear to be any pronounced difference along gender lines in the views expressed by staff in favour or against the block program. There were, however, some gender differences in the reasons given for favouring or being against the block system. Ideally, all female staff would have been included in the interviews.
26 The “constant comparative method” formulated by Glaser & Strauss, is described by Lincoln & Guba, supra note 21, at 339, and involves the coding of data into categories by comparing it with previous categories and by developing new categories where necessary.
27 This enabled extracts from interview data to be traced back to the original interview notes.
28 Students were asked the same questions about their learning in a traditional semester model. They were also asked: can you explain to me how the two methods are different? on balance, which method do you think was better for your learning, and why?
29 Extended learning is a term used in this paper to refer to learning that takes place outside the classroom through interactions with legal institutions and personnel and as a result of work experience placements, excursions and other out-of-classroom curricular activities.
30 While attendance at class was not compulsory in most units, students were given a class participation mark in recognition of the contribution they made to classroom discussion and debate, and to encourage the development of skills in the verbal articulation of argument.
31 These issues are returned to below in the summary and conclusions.
32 Students did, however, have time for consolidation of their learning during the period from July to mid-September when they were working on outstanding assignments.
33 Subsequent discussions with staff suggest that there had not been a serious and coordinated attempt to use a Socratic teaching approach, but some staff tried to use the approach, with varying success.
34 Interestingly, their comments accord with views expressed in the literature about the disadvantages of the Socratic approach. See, for example, J Morgan, The Socratic Method: Silencing Cooperation (1989) Legal Educ Rev 151.
35 Staff reported that they should have organised more social activities to try to achieve better integration of the group.
36 The Faculty introduced changes in teaching arrangements for 1994 and for subsequent years in order to reduce the extent of teaching stress. A major change was the introduction of tandem teaching, whereby two staff had responsibility for the delivery of individual subjects.
37 Biggs, supra note 15.
38 Ramsden, supra note 13, at 64.
39 Unfortunately the full potential for ensuring this kind of integration was only beginning to be realised at the time the block model was largely abandoned.
40 Known in legal education literature as the “affective domain”. See Le Brun & Johnstone, supra note 18, at 158, 164–169.
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