ALTA Newsletter EDITION ONE APRIL 2011

Transcription

1 EDITION ONE APRIL 2011 ALTA Newsletter This newsletter is sent to ALTA members around Australia, New Zealand and the South Pacific, as well as to a small number of overseas members. So this column is being written for people who come from many jurisdictions. It is being written for people who are law academics as such, we are teaching students in preparation for legal practice as well as for other purposes e.g. research training; specialised postgraduate courses; and core knowledge for other disciplines such as accountancy and nursing. It is also being written for people at various stages across a wide variety of law academic careers for example, law librarians; sessional staff; associate lecturers and lecturers who are early career academics; senior lecturers who are mid (and late) career academics; members of the professoriate; and senior staff who are Deans, Heads of School and other leaders within their academic organisational unit. These are some of the things that may differentiate how we spend our working week yet as people dedicated to the discipline of law, we have so much in common and this column draws together some current themes around these experiences. First, as law academics, we are engaged in encouraging and facilitating the learning of law by our students. If I had written this column when ALTA first began in the middle of the last century, I would have framed this as teaching law to students. During the intervening decades, we have been learning more about the scholarship of learning and teaching as it relates to our discipline of law and so we are now focussing more on what it is our students are doing and experiencing than on what we are doing to and for them. At the same time, our external environment has been changing with the introduction of user pays / student fees; increased regulation around quality assurance ; paradigm slippage, if not shift, to a focus on outcomes rather than inputs; and national benchmarking surveys around student experience. Meanwhile social change has brought a shift in the relativities of power between suppliers (e.g. universities) and consumers (e.g. students). What a shock it would probably be to the founding members of ALTA to even use such terms! My personal concern is that the university sector runs the risk of incrementally moving from a role to fulfil a mission to provide an education to a responsibility to supply degrees. The recent cost-saving decision by the Australian government to wind up the Australian Learning & Teaching Council (ALTC) and to transfer some of its functions to a government department signifies one such incremental step through abolishing national leadership for scholarly learning and teaching comparable to the national leadership for scholarly research provided by the Australian Research Council (ARC). It is unfortunate timing that the ALTC is being abolished when the new ERA process may discourage scholarship of teaching and learning - see below. Australasian Law Teachers Association ABN ISSN Secondly, we have in common as law academics that we are engaged in researching in and around the law and disseminating the outcomes of our research. This is often based on an intrinsic intellectual curiosity and a passion for our discipline and the contribution that law makes within our local and global communities, for our social and economic well being. Our research is not only disseminated to students and colleagues but also to the profession, government, and wider community. The current quality assurance drivers through the Excellence in Research for Australia (ERA)

2 and the New Zealand Performance-Based Research Fund (PBRF) exercises are affecting our discipline. While their laudable goal may be to improve the quality of our countries research on a world-ranking scale, their implementation is causing cognitive dissonance for law academics. The ERA evaluations for Law were informed by three categories of indicators: 1. Research quality on the basis of peer review of books, book chapters and ranked journal articles and research income. 2. Research volume and activity on the basis of total research outputs, research income and other research items within the context of the profile of eligible researchers. 3. Esteem measures that indicate that a researcher is held in particularly high regard by their peers or other qualified parties. These were editor of a prestigious work of reference; fellowship of a learned academy; and Category 1 research fellowships. (In Law, only 54 esteem counts were recognised across the country.) The one size fits all approach to journal ranking and esteem measures for all disciplines ignores the worth of much excellent research with real community and professional impact carried on within Law Schools. There is a worrying lack of confidence in the current ERA journal ranking, due in no small part to the opaque manner in which the final list was settled. This is especially pertinent to Law because the vast majority of research outputs counted through the exercise were journal articles While our discipline leaders may encourage academic staff to publish research regardless of the outlet (eg a non-ranked book or professional publication or non- or low ranked journal), these aspirational statements are likely to have little effect if (when?) they conflict with influence institutional criteria for recruitment, tenure and promotion. The ERA/PBRF approach provides perverse incentives to undertake the kinds of research that will be most readily accepted for publication in A* and A ranked journals. Such incentives militate against researching in areas whose outlets are not highly ranked (e.g. scholarship of learning and teaching) or not ranked at all (e.g. texts and professional publications) or against disseminating research in the public domain in a timely fashion. Recently a research portfolio leader in law wrote to me, concerned that: The strict application of the ERA framework over time will see the decline and extinction of a number of well regarded journals, the decline in the number of new journals being introduced, especially by commercial publishers who simply cannot afford to indulge the process financially over the years it will take to gain an ERA ranking, and the antipathy of the process to respectable journals with a strong professional orientation. These now highly regarded journals, often cited in judgments of the High Court and Appeal Courts nationally, cannot survive without academic input, a fact that the publishers are now coming to grips with as a review of the rankings proceeds. We are a discipline engaged with society and professional practice. The ERA / PBRF approach has the potential to discourage early career academics from developing a profile that requires the investment of significant thinking and writing time to produce seminal monographs for emerging areas of legal regulation (or even new editions of current books). It also has the potential to undermine our academic discipline s significant contribution to professional legal practice, for example through analysis of new developments in the law or through critiquing existing law in professional journals with a view to law reform. Publishing in academically well-regarded, but professionally irrelevant, journals will not disseminate research in a way which government, the profession, the broader community, and indeed our own students, have come to rely upon in the past. Potentially the research undertaken by academics will become irrelevant to our society and the profession with whom we engage. Management literature counsels that change produces stress during the transition phase. Change to how our research is valued/assessed will likely produce stress as we change our behaviour. It is hoped though that the levers for change will in fact achieve the national goal of improving research quality for our discipline and that ERA will acknowledge the importance of our disseminating our research in a way that has professional, as well as academic impact. It is encouraging that CALD (see Professor Jill McKeogh's report) is submitting a tender to take a role in the next stage of refining the ERA process. Finally, on matters which we share in common, I wish to comment on our common humanity. As people, we have been affected by our own, or our response to our colleagues, experiences of an unprecedented number of natural disasters since the last ALTA Newsletter. We have been distressed by scenes of devastation through floods, cyclones and earthquakes that have affected communities in which our colleagues live and work. It has been a shock to see centres of education in eastern Australia coping with floods, including the inundation of university campuses. It has been sobering to receive s from law colleagues at the University of Canterbury, Christchurch, about the effect of the quake on their School and Library and on their community. Such devastation, where their lives and their city will never be the same again, helps put into perspective any cognitive dissonance we may have on changes around ALTC, ERA, PBRF etc. Now, onto ALTA Executive matters. At our February meeting, we discussed the International Association of Law Schools, of which ALTA is a member. I encourage you to read Professor Michael Coper s item later in this newsletter about the forthcoming conference as well as to refer to the interesting papers available on the IALS website ( ) from their recent conferences. Edition One

3 We also farewelled Associate Professor Terry Hutchinson from our Executive following her secondment as a full-time Commissioner to the Queensland Law Reform Commission. Terry has taken an active role on the ALTA Executive over many years leading our Research Taskforce and establishing the ALTA Legal Research Series (ALRS) and previously acting as Editor in Chief and Associate Editor of the Legal Education Review. However, she assures us that she will continue her membership of ALTA and her interest in our activities. I look forward to greeting many of you and your colleagues at the ALTA 2011 conference in Brisbane on 3-6 July. The theme chosen by QUT around My Lawyer Rules: Assuring Legal and Education Standards is timely given the issues outlined above that currently face law academics and their leaders. The outcomes of the 2010 survey of ALTA members, reported on in this newsletter, also supports the theme s relevance. I encourage you to attend our annual gathering and to contribute to what I hope will be lively keynote and interest group sessions. Professor Rosalind Mason ALTA Chairperson Edition One

4 Preliminary Notice for Nominations The ALTA Executive would like to advise all members that nominations for Executive positions will be accepted throughout May to 1 July this year. At this time, nominations will be accepted for the following positions: (a) Chairperson (b) Deputy Chairperson (c) Secretary (d) Treasurer (e) Editor-In-Chief LER (f) Editor-In-Chief JALTA (g) Editor-In-Chief ALRS (h) Executive Member Executive Positions will be announced in July at the Annual General Meeting during the 66 th Annual ALTA Conference which will be held at Queensland University of Technology. Edition One

5 In This Issue ALTA Business Plan: Mission Statement, Objectives & Strategies A Report from New Zealand Queensland University of Technology to host 66 th Annual ALTA Conference Draft Preliminary 2011 ALTA Conference Program Events News 12 LexisNexis-ALTA Award for Excellence and Innovation in the Teaching of Law CCH-ALTA Best Conference Paper Award ALTA Survey Report.16 Keeping Research on the Agenda ALTA Institutional Members Publications included in your ALTA Membership Journal of the Australasian Law Teachers Association. 27 Legal Education Review Legal Education Digest: Volume 18 (3) Editorial Legal Education Digest: Volume 19 (1) Editorial ALTA Key Agency Reports; Council of Australian Law Deans Law Council of Australia...34 Australian Academy of Law Australian Law Students Association International Association of Law Schools Commonwealth Legal Education Association.40 Interest Group Conveners Convener Reports from the 2010 Conference Contact Us..45 Edition One

6 ALTA Business Plan: Mission Statement, Objectives & Strategies On the 2 nd July 2006, at the ALTA Executive Planning Meeting, Victoria University, Melbourne, the ALTA Executive drafted a three year Business Plan. This included creating a Mission Statement and Objectives, and of course, what good are objectives without Strategies, so strategies were developed to achieve these objectives, in accordance with the ALTA mission. In July 2009, the ALTA Executive held a Strategic Planning meeting in order to revise the 2006 business plan, including the previous Mission Statement and Objectives. This business plan is a revised version of the 2006 plan, and is outlined below. MISSION STATEMENT: Its overall focus is to promote excellence in the areas of: (a) research and scholarship; (b) teaching and learning; (c) professional development and networking; The Australasian Law Teachers Association (ALTA) is a professional body which represents and promotes the interests of law academics in Australia, New Zealand, and the South Pacific. (d) engagement with professional stakeholders and the community; (e) representation on developments in government policy and law reform OBJECTIVES: ALTA has as its objectives: 1. To develop closer collaboration between the ALTA Executive Committees in Australia & New Zealand Strategies: (a) Organise and support joint committee meetings; (b) Enable closer collaboration using and other technologies. 2. To build professional development and networking opportunities for members Strategies: (a) Appoint representatives within each School; (b) Develop a welcome pack for new members for distribution by School Representatives; (c) Publish biannual newsletter each semester; (d) Review and improve ALTA Website 3. To support and promote legal research and scholarship. Strategies: (a) Research and promulgate information on government initiatives such as the Excellence in Research for Australia (ERA) and the Performance Based Research Fund (PBRF) in New Zealand; (b) Explore how we can support legal academics in using such schemes effectively; (c) Increase the academic rigour of research papers delivered at the annual conference; (d) Publish a refereed journal, the Journal of the Australasian Law Teachers Association (JALTA), based on papers delivered at the annual conference; (e) In conjunction with CCH, award the CCH-ALTA Best Conference Paper Awards; (f) Inform the government and pertinent public agencies as to the nature and discipline specific aspects of legal research; (g) Where appropriate provide representative advocacy to encourage better linkages between the publishers requirements and government and university driven academic research imperatives such as peer review of research. Edition One

7 4. To support and promote legal education and the scholarship of higher education in law. Strategies: (a) Research and promulgate information on government initiatives such as the Australian Learning and Teaching Council; (b) Publish a refereed journal, the Legal Education Review (LER), on the scholarship of legal education; (c) Supply the Legal Education Digest (LED) to members; (d) In conjunction with LexisNexis, award the LexisNexis-ALTA Awards for Excellence and Innovation in the Teaching of Law (e) Inform the government and pertinent public agencies as to the nature and discipline specific aspects of legal education; (f) Where appropriate provide representative advocacy to encourage better linkages between the profession, academics and other stakeholders in legal education; (g) Investigate the degree of interest in organising specialist law teaching forums or workshops. 5. To liaise with key Australasian academic, government and professional organisations by publicising pertinent information to ALTA members for example through the ALTA Newsletter, while also providing written information about ALTA to these organisations for dissemination to their members. Strategies: Compile strategic information on ALTA and its work and communicate this to key agencies, for example: (a) Australasian Legal Information Institute (AustLII); (b) Australasian Professional Legal Education Council; (c) Australia and New Zealand Education Law Association; (d) Australian Academy of Law; (e) Australian Bar Association; (f) Australian Law Students Association; (g) Australian Learning and Teaching Council (ALTC); (h) Continuing Legal Education Association of Australasia; (i) Corporate Lawyers Association of New Zealand; (j) Council of Australian Law Deans; (k) Institute of Professional Legal Studies; (l) International Legal Services Advisory Council; (m) Law Council of Australia; (n) New Zealand Bar Association; (o) NZ Society for Legal and Social Philosophy. 6. To liaise with key international stakeholders by publicising pertinent information about their functions to ALTA members for example through the ALTA Newsletter, while also providing written information about ALTA to these organisations for dissemination to their members. Strategies: Compile strategic information on ALTA and its work and communicate this to key agencies, for example: (a) Association of American Law Schools; (b) Association of Law Teachers; (c) Canadian Association of Law Teachers; (d) Commonwealth Lawyers Association; (e) Commonwealth Legal Education Association; (f) European Law Faculties Association; (g) International Association of Law Schools; (h) International Bar Association; (i) Irish Association of Law Teachers; (j) Lawasia; (k) Society of American Law Teachers. Edition One

8 7. To actively engage in the planning and organisation of the annual ALTA Conference, so as to maximise the promotion of the ALTA mission and objectives. Strategies: (a) Meet with the Conference Committee at least once prior to the annual Conference; (b) Ensure that key sessions promoting ALTA s role are included in the conference program; (c) Organise a convener and School representative social event at the annual conference. 8. To expand our membership and representation to all Law Schools and Business Law Schools across Australasia and increase institutional support for membership in Australasia. Strategies: (a) Co-opt ALTA members from each law school and business law school in Australia and New Zealand to act as ALTA liaison persons within the schools; (b) Provide the liaison members with timely information so that they are able to effectively brief and advise the respective law schools management and staff of ALTA s activities and therefore encourage institutional support for membership. Edition One

9 A Report from New Zealand The 22nd of February 2011 was the second day of teaching for the new academic year. Life was returning to something like normal in Christchurch. The aftershocks from the September 2010 quake were decreasing in frequency and size and it was possible to go for days without feeling one. The clock ticked round to pm. We were involved in our usual activities. Some of us were teaching. Some were meeting with students. A large number were attending a lunch for post graduate students on Level 5 of the Law Building. Library staff were on duty in the Law Library. And then the shaking began: a more violent up and down movement than we experienced in September. No one needed to be told to evacuate buildings and it was soon apparent that we would not be permitted to return. Cell phone coverage was limited so it was difficult to check on family and friends. We started the long trip home in gridlocked traffic not knowing quite what or whom we would find when got there. For many of us it was on that trip home that we began to appreciate the seriousness of what had occurred. The Cathedral had lost its spire. Buildings had collapsed. There were casualties. Some of us saw the damage. Others heard about it on the radio or from passersby. Some staff returned to find homes with serious damage. Others found their homes surrounded by silt and mud because the ground on which they stood had liquefied in the shaking. Everyone was without electricity and some were also without water. For a few it was weeks before these services returned. However we were all fortunate in the most important respect: our families were safe. We were all cheered by the many messages of support we received from friends and colleagues elsewhere. Thank you. Back on campus the emergency response began almost immediately. Our Dean, Richard Scragg, was involved right from the beginning and key administrative staff soon returned to the one building that remained open on campus to plan for the restart. Planning was hampered by the fact that most teaching spaces were not immediately available. Buildings had been subjected to 150% of the stress that new buildings are designed to take under current building codes. Thorough checks were needed and this took time. Two weeks after the quake, wearing hard hats and accompanied by a search and rescue team, we were permitted back in the Law Building for 10 minutes to retrieve vital materials for the teaching restart. Marquees were erected in car parks on the periphery of campus and teaching in stage one (first year) courses began in those marquees three weeks after the quake. Teaching in other courses began one week later. Teaching spaces are now gradually reopening. We will be out of the tents by Easter. Our lovely Law Building was damaged, but remediation work is underway. Our estimated return date is 2 May 2011 and in the meantime we are operating out of four offices in the School of Forestry. And so life goes on. People are tired and nervous. Tears are never very far away. Some of us lost friends. Many of us grew up in Christchurch or have lived most of our lives here and we mourn the city we have lost. Large parts of the CBD remain cordoned off and are likely to remain so for months. Parts of the eastern suburbs may never be rebuilt. Repairs to our homes are likely to take years to complete. But sometimes clichés sum it up best. We have to look to the future and not dwell on the past. We have to count our blessings. Because it could have been much worse: events in Japan have made that plain. Lynne Taylor Senior Lecturer and Proctor School of Law University of Canterbury 10 April 2011 Edition One

10 66th Annual ALTA Conference- Queensland University of Technology Edition One

11 Draft Preliminary Conference Program Edition One

12 67th Annual ALTA Conference The University of Sydney BREAKING NEWS: The 67th Annual Australasian Law Teachers Association Conference will be hosted by the University of Sydney and will be held from Sunday 1st to Wednesday 4th of July The conference theme will be announced later in the year. Please pencil the dates into your diaries. Events News Edition One

13 LexisNexis-ALTA Award for Excellence and Innovation in the Teaching of Law Entries for the LexisNexis/ALTA Award for Excellence and Innovation in Teaching are open. Now in its fourth year, this award takes on growing importance as opportunities for law lecturers to demonstrate their education scholarship is greatly impacted by the closure of the Australian Learning and Teaching Council. Past entries in these awards clearly demonstrate not only the passion that many lecturers have for their teaching practice but also for education scholarship. Law teachers face many challenges, not least a rapidly changing technology environment and a desire to engage increasingly diverse student cohorts to learn both substantive legal knowledge and attributes that students will require in practice. The awards, which are open to Australasian university teachers, provide a forum to showcase how law teachers deal with such challenges and apply sound educational scholarship to do so. Past submissions demonstrate a breadth of interest including; creating interactive learning environments, using practical legal placement programs as learning strategies; and managing student behaviours to encourage successful learning. All winning entries were innovative and excellent examples of how the law may be taught. There are four criteria that reflect the dynamic life of a law lecturer, balancing research with excellent and innovative teaching. The assessment criteria provide a chance to demonstrate how an effective integration between assessment and learning objectives can develop the learning skills of students. Each year we have had an extremely high quality of submissions. An important aspect of the submissions was the time the winning entrant had taken to carefully respond to the entry requirements. Each entry showcased some of the best teaching being undertaken in law faculties across Australia. The award is open to New Zealand, the South Pacific and Papua New Guinea, and we look forward to greater involvement in the award from lecturers in these countries. Last year s Early Career Award Winner was Mohsen al Attar a Senior Lecturer, from the University of Auckland Faculty of Law. He was an inaugural winner from the wider region. His innovation is a workshop series for students of Pacific background aiming to increase enrolment of an under-represented group and to encourage older students to act as mentors to younger peers. The award is particularly valuable for Early Career lecturers. Not only is this a chance to demonstrate educational scholarship it is also the chance to join ALTA. One part of the prize is a one year membership of ALTA. This is a chance to become part of a law community who support the development of teaching and learning knowledge and practice. The success of having an Early Career category has been demonstrated by the strong response we have had to it. We encourage Law Schools to support Early Career teachers who are interested to contribute entries. This provides an excellent opportunity for recognition of the innovative and excellent teaching practice taking place in their schools. All previous winners of awards clearly demonstrate the integration of scholarly research with teaching innovation. Major Award winner 2010, Penelope Watson, Macquarie Law School, Macquarie University demonstrated the importance of Peer Assisted Learning (PAL). She demonstrated how the lecturer plays an advisory/mentoring role on the PAL team, but that students take ownership of their learning. The Award is judged by a panel of legal academics acknowledged for their teaching excellence (as well as representatives from LexisNexis). This establishes it as a unique opportunity to be recognised, very specifically, for the quality of teaching in this research area. Requirements for entry are that you must currently be teaching at a university in Australia, New Zealand, the South Pacific and Papua New Guinea. An Early Career teacher is one who has no more than five years experience teaching in a higher education setting. LexisNexis Australia is the leading provider of academic resources in the legal research area, and is very proud of its affiliation with ALTA in encouraging excellence in legal education. Both ALTA and LexisNexis are pleased to identify, through the award, those lecturers who are making significant contributions to the way learning is delivered. We look forward to receiving all nominations. Entries close on Monday, 16 May 2011 and the winner will be announced at the ALTA Conference Dinner in July For detailed information about the award visit either or Edition One

14 CCH Best Conference Paper Award The CCH-ALTA Best Conference Paper Award will be continuing in 2011, and submissions are now being accepted. The winners of the 2010 Best Paper Award will be announced at the Conference Dinner at the 66th Annual ALTA Conference at the Queensland University of Technology. We ask that all authors wishing to make submissions for the award in 2011 consider the following criteria before making their submission. In keeping with its mission to promote excellence in research and support early career academics, there will be three annual awards on offer for papers presented at the Annual Conference of the Australasian Law Teachers Association. They are: Best Overall Conference Paper Best Early Career Academic Conference Paper Best Conference Paper Presented to the Legal Education Interest Group The winner of each award will receive $500 AUD. To enter, simply elect to have your paper entered into the Award by selecting a category on the online ALTA Conference submission form ( or your paper and completed submission form to admin@alta.edu.au The Criteria and entry details for this award are available on the ALTA website at Edition One

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16 2010 ALTA Survey Report The inaugural Australasian Law Teachers Association survey was conducted in In 2010 the survey was repeated, albeit the main focus of the survey was on the ALTA Law Research Series (ALRS) and the Association s publications Legal Education Digest (LED), Legal Education Review (LER), Journal of the Australasian Law Teachers Association (JALTA) and the ALTA Newsletter. The questionnaire survey, which was distributed via using the Survey Monkey software, asked a variety of questions including the standard demographic information section. The ALTA Executive would also like to congratulate the winner of the Survey Competition for 2010, Ms Marina Nehme (UWS). 1. Snapshot of our members Approximately 7.1% (76) of our members responded to the online survey, with between 67 and 69 answering the demographic questions. Of these, the majority (53.7%) were female and 29% have been ALTA members for between 4 and 6 years. In terms of seniority, 29.4% (20) had been academics for less than 5 years, 19.1% (13) for more than 20 years. Over a third came from NSW (35.8%) with Queensland coming in second at 19.4% and Victoria third at 17.9%. The majority were Lecturers (30.4%) and Senior Lecturers (24.6%), but there were more professors (20.3%) than associate professors (17.4%). Almost a third, 32.8% had not attended an ALTA conference in the past five years. 2. Future Directions When asked about the policy issues members were interested in the ALTA Executive addressing in the next 12 months, the vast majority 73.7% noted their concern and interest in the Excellence in Research for Australia (ERA) implementation. 59.2% were concerned about the impact of quality assurance initiatives on law teaching, for example, TEQSA and AQF, and 44.7% wished the Executive to address Australian Learning and Teaching Council (ALTC) developments. 1. What policy issues do you wish the ALTA Executive to address in the next 12 months? (You may select more than one option) Answer Options Response Percent Response Count (i) Clearing house for information e.g. about job opportunities 30.3% 23 (ii) Clearing house for information about mooting 13.2% 10 (iii) Performance Based Research Fund (PBRF) (NZ) implementation 9.2% 7 (iv) Excellence in Research for Australia (ERA) implementation 73.7% 56 (v) Impact of quality assurance initiatives on law teaching e.g. Australia (TEQSA; AQF) 59.2% 45 (vi) Australian Learning and Teaching Council (ALTC) developments 44.7% 34 (vii) Improving teaching e.g. technology advances; skills 42.1% 32 (viii) Relations with the publishers 28.9% 22 (ix) Citation metrics 39.5% 30 (x) Opportunities for mentoring and career guidance 15.8% 12 (xi) Provide information on community engagement opportunities 19.7% 15 (xii) Other (please specify) 10.5% 8 answered question 76 skipped question 0 Edition One

17 3. Relations with legal Publishers Over 85% (63) had published with a commercial publisher during their careers. With refereed journals at 84.1% being the most common form of publication with a commercial law publisher in the past five years. 3. If yes, what have you published with a commercial law publisher in the last 5 years? (You may select more than one option) Answer Options Response Percent Response Count (i) Books (Australian HERDC - A1) or (NZ - Quality Assured) 31.7% 20 (ii) Books (Australian HERDC - not A1) or (NZ Non Quality Assured) 22.2% 14 (iii) Chapters in books 69.8% 44 (iv) Edited books 30.2% 19 (v) Loose-leaf services and updates 19.0% 12 (vi) Journal articles (Refereed) 84.1% 53 (vii) Journal articles (Non-refereed) 52.4% 33 (viii) Other (please specify) 6.3% 4 answered question 63 skipped question 13 Thomson Reuters (50%) and LexisNexis (46.9%) were the most common commercial publishers. 4. If yes, which commercial law publishers have published your work? (You may select more than one option) Answer Options Response Percent Response Count (i) Cambridge University Press 15.6% 10 (ii) CCH 15.6% 10 (iii) Federation Press 25.0% 16 (iv) Hart Publishing 4.7% 3 (v) LexisNexis 46.9% 30 (vi) Oxford University Press 26.6% 17 (vii) Palgrave Macmillan 6.3% 4 (viii) Pearson Education 4.7% 3 (ix) Routledge 18.8% 12 (x) Thomson Reuters 50.0% 32 (xi) Wiley 3.1% 2 (xii) Other (please specify) 35.9% 23 answered question 64 skipped question 12 Edition One

18 Nearly all respondents 91.9% planned to publish with a commercial publisher in the next five years. And journal articles 76.8% followed by Books (A1 or Quality Assured) 50.7% were the most likely type of publication to be published. 6. If yes, what items do you intend to publish with a commercial law publisher in the next 5 years? (You may select more than one option) Answer Options Response Percent Response Count (i) Books (A1 or Quality Assured) 50.7% 35 (ii) Books (Not A1 or Non Quality Assured) 18.8% 13 (iii) Chapters in books 49.3% 34 (iv) Edited books 26.1% 18 (v) Journal articles (Non-refereed) 30.4% 21 (vi) Journal articles (Refereed) 76.8% 53 (vii) Loose-leaf services and updates 7.2% 5 (viii) I am not sure what I will look at publishing in the next 5 years 8.7% 6 (ix) Other (please specify) 0.0% 0 answered question 69 skipped question 7 The most common reason provided for publishing books (not HERDC A1) and other non-refereed items was that books enhance respondents professional reputation 53.6%. 7. What are your reasons for publishing books (not HERDC - A1) and other non-refereed items with commercial law publishers? (You may select more than one option) Answer Options Response Percent Response Count (i) Non-refereed journal articles enhance your professional reputation 28.6% 16 (ii) Non-refereed journal articles provide wider impact for your research 33.9% 19 (iii) Royalty payments 17.9% 10 (iv) Books provide wider professional recognition and impact than journal articles 30.4% 17 (v) Books provide an excellent teaching resource 39.3% 22 (vi) Books enhance your professional reputation 53.6% 30 (vii) Books provide wider impact for your research 41.1% 23 (viii) Need to keep earlier edition updated 32.1% 18 (ix) Publishers' websites publicise your work and make book reviews available 10.7% 6 (x) Publishers support you more generally (eg. through conference dinners, etc) 8.9% 5 (xi) Other (please specify) 5.4% 3 answered question 56 skipped question 20 Edition One

19 The most common reasons for not publishing books and other non-refereed items was the lack of HERDC recognition for textbooks (73.9%) and the need to produce ERA/PBRF rated research publications (63%). 8. What are your reasons for not publishing books and other non-refereed items? (You may select more than one option) Answer Options Response Percent Response Count (i) Lack of HERDC recognition for textbooks 73.9% 34 (ii) Time required writing books (Not HERDC - A1) (NZ - Non Quality Assured) 54.3% 25 (iii) Lack of international marketing, book launches and exposure given to work 17.4% 8 (iv) Need to produce ERA / PBRF rated research publications 63.0% 29 (v) Other (please specify) 2.2% 1 answered question 46 skipped question 30 Interestingly journal rankings do not appear to be solely dictating where respondents are submitting work. 14.3% intend to submit only to A or A* journals, 27.1% to a mix of journals from B to A* and 52.9% to a mix of journals from C to A*. For those who intended to submit some articles to C ranked journals, the most common reason was that the specialist journals for which those respondents write for have tended not to be highly ranked. 10. In regards to the ERA and rankings of journals used in the PBRF: Answer Options Response Percent Response Count (i) I intend only to submit articles to journals ranked A or A* 14.3% 10 (ii) I intend to submit articles to a mix of journals: B, A and A* 27.1% 19 (iii) I intend to submit articles to a mix of journals from C through to A* 52.9% 37 (iv) Other (please specify) 5.7% 4 answered question 70 skipped question 6 Edition One

20 4. ALTA s Publications The ALTA Law Research Series (ALRS) is a new initiative for ALTA and is designed to allow members to utilize an online repository. Nearly half either intend to submit work to ALRS (41.5%) or have submitted work to ALRS already (7.7%). The primary reasons for not submitting a paper to ALRS are that respondents do not have the time to load papers on the ALRS (34.4%) and they are unsure of the advantages of uploading documents onto ALRS (32.8%). 12. If you have not yet submitted a document to ALRS what are your reasons for not doing so (You may select more than one option) Answer Options Response Percent Count Response (i) I am not confident in my technical skills in uploading material to ALRS 16.4% 10 (ii) I attempted to upload an item but was unsuccessful 0.0% 0 (iii) I am concerned about infringing copyright 21.3% 13 (iv) I do not understand what the advantage is to me in uploading documents onto AustLII 32.8% 20 (v) I have no items in a suitable format that I can load 8.2% 5 (vi) I have no items free from publishers copyright that I can load 13.1% 8 (vii) I do not have the time to load papers on ALRS 34.4% 21 (viii) I do not have time to seek publishers permissions to load items 31.1% 19 (ix) I am not clear as to which categories of items can be loaded on ALRS 29.5% 18 (x) Other (please specify) 19.7% 12 answered question 61 skipped question 15 Of the three journals which ALTA members receive as part of their membership and the ALTA newsletter, the Legal Education Review (LER) was seen as the most important of the publications for respondents with 24% indicating that receiving the LER was very important to them. 13. ALTA members receive electronic copies of three main publications as part of their membership of ALTA: the Legal Education Review (LER), Journal of the Australasian Law Teachers Association (JALTA) and the Legal Education Digest (LED). ALTA uses membership fees to pay for LER and JALTA and subsidises LED. Additionally ALTA s a newsletter twice a year. Please indicate the level of importance of the publications to you: Answer Options (i) Legal Education Digest (LED) (ii) Legal Education Review (LER) (iii) Journal of the Australasian Law Teachers Association (JALTA) (iv) ALTA Newsletter Very Important 6.4% 8.5 % 24% 26% 13.7% 8.9% 23.5 % 16.1 % 25. 5% 22 % 13. 7% 23. 2% 23.4 % 8 % 25.5 % 25 % 10.6 % Not Important I do not read this publicat-ion Rating Average Response Count 12.8% 12.8% % 4% 6% % 17.9 % 3.9% 11.8% % 1.8% answered question 71 skipped question 5 Edition One

21 5. Teaching workshops Of those that responded to the teaching workshop questions, 65.2% had previously attended a teaching workshop organised by ALTA and 56.5% would like ALTA to organise teaching workshops once again. The most popular choice of timing of teaching workshops was before the conference at the same venue (53.3%), followed by after the conference at the same venue (31.1%). The most popular topic for a teaching workshop to address was using technology in teaching (66%). What topics would you like a Teaching Workshop to address? (You may select more than one option) Answer Options Response Percent Response Count (i) Using technology in teaching 66.0% 31 (ii) Teaching for diversity 40.4% 19 (iii) Teaching large lectures 40.4% 19 (iv) Teaching international students 27.7% 13 (v) Supervision as teaching 34.0% 16 (vi) Teaching research nexus 48.9% 23 (vii) Other (please specify) 8.5% 4 answered question 47 skipped question The ALTA Conferences The main benefits of attending an ALTA conference were identified as networking with other academics (81.7%), giving a paper (70%) and attending interest group sessions (63.3%). Over a half of respondents (55.7%) preferred the current format (Sunday afternoon/early evening cocktail function, full days on Monday and Tuesdays including dinners with the conference finishing after lunch on Wednesday) to a change where the time used for Wednesday interest group sessions was used instead to discuss possible research collaborations and/or major issues relating to legal education (36.1%). What are the main benefits of attending an ALTA Conference? (You may select more than one option) Answer Options Response Percent Response Count (i) Giving a paper 70.0% 42 (ii) Getting my paper published in JALTA 10.0% 6 (iii) Attending interest group sessions 63.3% 38 (iv) Attending plenary sessions 23.3% 14 (v) Networking with other academics 81.7% 49 (vi) Connecting with publishers and/or seeing the books on display 30.0% 18 (vii) Getting a break from work 16.7% 10 (viii) Other (please specify) 0.0% 0 answered question 60 skipped question 16 Edition One

22 7. Community Engagement Respondents have a wide range of community engagement. The most common being editorial work (54.8%) and board/advisory involvement (37.1%). 34. What community engagement activities are you involved in during 2010? (You may select more than one option) Response Percent Response Answer Options Count (i) Giving Continuing Legal Education papers (ii) Speeches to the legal profession (iii) Speeches to the community (iv) Pro bono legal work (v) General volunteer work in community organisations including work for not for profits and schools (vi) Board/advisory involvement (vii) Editorial work (viii) Active participation in Law Society or equivalent professional body (ix) Submissions to law reform commissions and similar bodies (x) I am too busy to do community engagement (xi) Other (please specify) 29.0% % % % % % % % % % % 2 answered question 62 skipped question In Conclusion Although the response rate was lower that the first survey in 2007, the demographic information and other information was consistent with the 2007 survey, thus the survey will be of use for planning purposes for the ALTA Executive. The information gained in respect of ALTA s publications in particular will be useful, for example when liaising with AustLII about the authorinterface for ALRS. It also provides useful information, albeit from limited numbers of members, for the ALTA Chair to contribute to any relevant discussions at the meetings of the Council of Australian Law Deans. For example, it indicates members concerns about the current regulatory environment. On the publication outlets, it shows that a slight majority of respondents still intended to publish across the range of ranked journals. However it is noted that the survey was undertaken prior to the release of the Australian ERA 2010 results. If you have any queries regarding this survey, please the ALTA Secretariat at admin@alta.edu.au Edition One

23 Keeping Research on the Agenda ALRS on AustLII - Activity to Date The ALTA Law Research Series Editorial Committee and Editorial Advisory Board were established and began work on ALRS in The service was formally launched by Robert Orr QC, Chief General Counsel, Australian Government Solicitor at the ALTA Conference in July 2010 at Auckland University. ALRS now has 84 research papers authored by ALTA members dating back to 1997 loaded on the AustLII website. Please take the opportunity to visit the website - We need to continue to augment the site. Every member is eligible to upload papers onto the site! Why is it worthwhile for you to load your research onto ALRS? All papers made available on ALRS are searchable across the whole AustLII database. In addition, your papers will be indexed in Lawcite Searches on AustLII. This means that if other papers or documents loaded on AustLII have cited your research, it will be picked up on a Lawcite Search. With the Excellence in Research for Australia (ERA) and Performance Based Research Fund (PBRF) being such an important aspect of academic career planning, this additional access to citation data is of real benefit to our members. It is important that your work appears on the site. The ALRS Editorial Committee is attempting to save your time and make the whole process seamless so that at QUT, for example, we are trialling a method of making items available on ALRS at the same time as they are posted on the university eprints database. For those universities that do not have an eprints database the advantages to academics are even more evident. Please contact alrs@alta.edu.au if you have any difficulties uploading your material. Excellence in Research for Australia (ERA) The results of the first full evaluation of universities under the ERA have been released. These results cover the period The individual institution results for 1801 Law are available on the ARC website - Another ERA round is scheduled for The ARC is at present taking submissions as part of a Review of the ERA process. The closing date for these submissions was Thursday 7 April - Review of the Ranked Journal Lists Public consultation on the review of the journal rankings began on the 14 February with the new lists due to be released in September. Further information on how to take part in the consultation process is at You can be involved in this process. The Legal Education Review which is published by ALTA and is the only legal education journal published in Australia was downgraded from A* to C in the latest ranking round. ALTA intends making a strong case for this decision to be reviewed and would appreciate support from individual ALTA members. Associate Professor Terry Hutchinson Edition One

24 Staff Profile: Professor Steven Freeland What is your current position? I am Professor of International Law at the School of Law, University of Western Sydney and its Associate Head (Research). I also hold a number of other academic positions, including Visiting Professor of International Law at University of Copenhagen and Faculty Member of the London Institute of Space Policy and Law, and have been a Visiting Professional (Chambers) at the International Criminal Court. What is your area of legal specialty? I like to regard myself as a generalist in Public International Law, although I tend to concentrate my research and teaching in the areas of International Criminal Law, Human Rights Law and, believe it or not, Space Law. I believe, however, that many aspects of international law interact with each other, and thus am also conscious of the need to be aware of general principles as well as specialised areas. When and how did you come to be an academic? I think I have had a fairly non-traditional career path for a University academic. Prior to becoming a full-time academic in 2002, I had a 20 year professional career as an international attorney and investment banker, during which time I was fortunate to live and work in approximately 30 countries. I believe that this experience strongly influenced my academic interests and research profile, which I try to base on a cross-disciplinary analysis of not only relevant legal issues, but also political, cultural, market and economic factors. What have been your main academic career steps? I began my academic career in January 2002 as a Lecturer (Level B), and over the past nine years have successfully applied for promotion to Senior Lecturer (Level C) as from 2004, to Associate Professor (Level D) as from 2006 and Professor (Level E) as from What are your thoughts on teaching? I try in my classes to challenge students to excel and to question, rather than simply to accept, the structure and effectiveness of the international legal system and the role played by law in this regard. In this way, I seek to help them develop a broader understanding of contemporary international law, and to be able to apply the law to practical situations, thus equipping them to meet the undoubted legal and regulatory challenges that will arise in the 21 st Century. What are your thoughts on research? I have always tried to direct my research towards academic excellence in my case primarily focussing on the development of supranational regulatory regimes designed to address global issues of concern. I have found that research is best developed layer upon layer, continually building upon one s previous research and then developing ideas and conclusions as to how the pieces fit together. I feel that the research of public international law often requires a holistic approach to the theory, design and/ or implementation of supranational regulation. What are your thoughts on university involvement? To be honest, I initially tried as best I could to avoid too much involvement in University administration issues, although of course that was not always possible. After a while I realised, however, that it is actually a privilege to be able to play a role, along with other colleagues, in helping to develop and implement strategies for the continuing growth and maturing of what is, at UWS, still a relatively young Law School. In my case, I particularly focussed on the evolving research strategy of the Law School, which, I am pleased to say, has been highly successful thus far. What are your thoughts on community engagement? I believe that an important part of an academic s role is to communicate ideas, commentary and suggestions to a broad range of audiences. Our research allows us to develop expertise in particular areas, but it is what we do with that expertise that, in my Edition One

25 view, is really important. I feel that we have an obligation to inform the wider community on issues of importance and concern this can be from schools or local community groups all the way to the international community of nations, depending on the particular message to be given. For myself, I have been able to do this in various ways, including by presenting public speeches and lectures, being actively involved in various international professional organisations, being available for and giving media interviews and writing opinion pieces in national and international newspapers. I find it particularly satisfying if I am able through my community engagement to raise an issue for example in relation to the protection of fundamental human rights which a person might not otherwise have seriously considered in his or her daily life. What do you like most about your job? There are many things, including the academic freedom that we have to research and consider issues that I consider important and that may be of interest and concern to others, the highly satisfying feeling one gets when helping students to grasp new concepts and engage with the living essence of international law, and being in a position to assist colleagues (many of whom are also good friends) to further develop their own academic careers and research interests. What do you like least about your job? Probably the same as most academics: the sometimes wearying bureaucracy of a University (thankfully not a major problem in my experience), the seemingly pointless meetings that we are all called into from time to time, and (no surprises here) marking exam papers. If you were starting out again now, what would you do differently? I certainly would not change the professional path I took before becoming an academic, since it seems to have worked for me. But the transformation to an academic was actually quite difficult to begin with, since it took me some time both to adjust to the way that Universities operate and to find the most efficient and appropriate working methods for me as an academic. In that regard I am very grateful to some current and former colleagues who kindly mentored me during my early academic years, and upon whom I base my own mentoring activities of my colleagues today. Perhaps also there were some areas of research that I could have undertaken earlier on, and others that perhaps I should not have pursued. But of course, research in any field is always laced with elements of uncertainty as to what results one may find, and it might not always work out the way that one had initially anticipated. What strategies do you use to maintain work life balance? Since I love my work, I probably spend a significant part of my time either doing or thinking about my various academic fields of endeavour. But of course, it is vital to enjoy time away from the office (which in reality today is all rolled up into a laptop computer) with loved ones and friends, and also doing lots of exercise, which I really enjoy. In addition, I am so lucky in that I spend half of each year based in Europe, and my travels and variety of surroundings, as well as stimulating and challenging work, helps to keep me energized. Sadly I am an junkie, but have steadfastly avoided the Facebook phenomena, which I think in my case has helped me to retain at least a certain degree of sanity. What tips do you have for law academics aspiring to be a law professor? I think academia is a privilege and one should always aim for academic rigour, excellence and professionalism. There is no easy way around this no short cuts nor should there be. Despite the feeling one sometimes gets and this is certainly not unique to Australia that academia is becoming a numbers game, it is not. In the end, quality is what is required, excellence in everything that we do as law academics is what counts. It is clear that Australian (and overseas) Universities are continually raising the bar as to what they require of their senior academics and, whilst that imposes increasing time-related burdens on us all, it also reiterates the imperative to strive for quality in everything we do. After all, that is also the message that we want to pass on to our students. Edition One

26 2011 ALTA Institutional Members Thank you for your support! The University of Auckland Department of Commercial Law The University of Auckland Faculty of Law The Australian National University ANU College of Law Bond University Faculty of Law Charles Darwin University School of Law Curtin University of Technology School of Business Law and Taxation. Deakin University School of Law Griffith University Griffith Law School James Cook University School of Law La Trobe University School of Law Manukau Institute of Technology Manukau Business School, Accountancy & Law Division The University of Queensland TC Beirne School of Law RMIT University School of Accounting & Law University of South Australia School of Commerce University of Southern Queensland Department of Law Southern Cross University School of Law & Justice The University of Sydney Faculty of Law The University of Sydney Law Extension Committee The University of Sydney Faculty of Economics & Business University of Tasmania Faculty of Law University of Technology, Sydney Faculty of Law Victoria University School of Law Victoria University of Wellington Faculty of Law Monash University Department of Business Law & Taxation Victoria University of Wellington School of Accountancy & Commercial Law The University of Newcastle The University of Western Australia Faculty of Law The University of New England School of Law The University of Western Sydney School of Law The University of New South Wales ATAX (Australian School of Taxation) The University of Waikato Law School The University of New South Wales School of Business Law & Taxation University of Wollongong Faculty of Law Edition One

27 Journal of the Australasian Law Teachers Association (JALTA) JALTA is a double-blind refereed journal that publishes scholarly works on all aspects of law. JALTA was established by the Australasian Law Teachers Association (ALTA) in 2008 and represents an important initiative which supports the research endeavours of its members, in addition to ALTA s highly regarded Legal Education Review (LER) and the Centre for Legal Education s Legal Education Digest (LED), which is also included in ALTA membership. The journal also reflects appropriately the prestige, maturity and development of ALTA as an organisation which now represents well over members. Following the publication of our inaugural bumper issue in 2008, the response to the 2009 and 2010 issues of JALTA continued to be very strong and we received many submissions for consideration to be published. All submissions undergo a rigorous double-blind peer review and I am confident that readers will find the articles not only interesting and topical, but scholarly as well. The paper and referee statistics for the 2010 edition are set out in the table below. Submissions Total Number of Submissions 24 Papers withdrawn by authors 2 (before refereeing) Invited Papers 0 Quality of Papers Publishable without amendment 0 Publishable with amendments 19 = 79% Rejected Papers (after refereeing) 3= 12.5 % Referees Professors 4 =9% Associate Professors 9 = 20% Doctorates 8 = 18% Lecturers (inc Senior lecturers) 23 =52% Total Referees (a number refereed 44 multiple papers) In closing, and most importantly, I need to extend my sincere thanks to a number of people whose collective efforts have made this journal possible. First, in addition to all members of the ALTA Executive, I would like to thank my Editorial Board colleagues for their counsel and support. Second, I must thank ALTA Interest Group Convenors and all referees who assisted us with the double-blind refereeing process. I would also like to offer my thanks to Kaushalya Mataraaratchi for her exceptional work in proofreading, Maureen Platt for her efforts in typesetting, and to CCH Australia Ltd for their generous sponsorship and continued support of the journal. Lastly, I need to record a special thanks to Katherine Poludniewski who was ALTA s Administrative Coordinator and ALTA Secretariat. Katherine was responsible for bringing the inaugural 2008 and subsequent 2009 issues of JALTA to fruition. She worked tirelessly on all aspects of JALTA and was supremely organised and efficient. I can safely say that, without Katherine s contributions, previous issues of JALTA would simply not have been produced in such a timely and professional manner. Nathalie Poludniewski has joined the team as Katherine s successor and the transition between Kat and Nat has been seamless. I would like to record my sincere appreciation for all Nat s efforts in bringing the 2010 issue to completion. Well done, Nat! ALTA looks forward to continuing its contribution to the legal profession through this journal. JALTA is now available for viewing at: Professor Dale Pinto Editor-in-Chief, JALTA Nathalie Poludniewski JALTA Administrator and ALTA Administrative Coordinator Edition One

28 Legal Education Review The Legal Education Review is still going strong, with its 20 th volume now in print. Volume 20 includes ten articles. There are three articles on student attitudes and learning behaviours, including a study into commencing law student expectations and career aspirations; research into the link between student attendance, engagement, and performance; and consideration of the nurturing teaching philosophy to reduce student stress. There are four articles on the teaching of particular subjects using blended learning in legal ethics, using site visits in construction law, and developing reasoning skills through the use of policy-based judicial reasoning on causation in criminal law. There are also three general legal education articles academic perspectives on assessment, the use of legal fiction in legal education, and fostering student motivation through the use of e-learning. Thanks are due to the members of the 2010 Editorial Committee for their work in putting this issue together Terry Hutchinson, Nick James, Sonya Willis, Lee Godden, Wendy Larcombe, Allan Chay, Donna Buckingham, Anne Hewitt, Penelope Watson and Patrick Keyzer. Thanks also to our Administrators, our professional proofers and typesetter, and a special thanks to Associate Editor Nick James. We are also grateful to our Editorial Advisory Board for their support, advice, and refereeing services Sally Kift, Carl Monk, William Twining, Michael Kirby AC CMG, Larissa Behrendt, David Weisbrot AM, Michael Coper, Richard Johnstone, Justice Marcia Neave, Wesley Pue, Simon Rice OAM, David Barker AM, Michael Adams, John Farrer, Nigel Duncan, Marlene Le Brun, Erica McWilliam and Elizabeth Sheehy. Each issue of the Legal Education Review involves the efforts of many other people, mainly academics, who volunteer their time and expertise with little thought of reward or recognition. Special thanks needs to go to the Faculty of Law at University of Technology, Sydney, the School of Law at the University of Western Sydney, and Professors Rosalind Mason and David Barker for support provided through the Australasian Law Teachers Association (ALTA). We are confident that in the ERA 2012 process the error by which our ranking was moved from A*, which we enjoyed for a number of years, to C, will be rectified, and appreciate the support of ALTA members in ensuring this occurs. The fact that we have been able to continue to attract excellent articles despite the pressure on law academics publishing decisions. Submissions for the 2011 edition (Vol 21) are due by 30 April In addition to our general issue, we have a special issue focusing on law student wellbeing. We follow the AGLC (3 rd ed, 2010); all articles are double blind refereed and go through a rigorous editorial process. For more information see Dr Michelle Sanson Editor-in-Chief, LER Edition One

29 2010 Legal Education Digest: Volume 18(3) Editorial A LTA N e w s l e t t e r This concluding edition of the Digest for 2010 marks the close of an extremely active year for legal education in Australasia. There has been a highly successful ALTA Conference in July, in Auckland, which was marked by a record attendance of delegates at an ALTA New Zealand Conference. The venue also hosted the launch by Robert Orr, QC. Chief General Counsel of the Australian Government Solicitor, of the ALTA s Research Initiative ALTA Law Research Series (ALRS) - in conjunction with the Australian International Legal Information Institute (AusLII). The Conference was also highly honoured to have the Chief Justice of New Zealand, Dame Sian Elias, as a participant at one of the Conference s Plenary Sessions. This aspect of Australian/New Zealand co-operation was continued when the AustLII International Library was launched by Sir Kenneth Keith, a New Zealand judge of the International Court of Justice, at AustLII s offices in Sydney on the 6 September The library includes over 25,000 decisions of International Courts and Tribunals, and over 30,000 treaties and international agreements, law journals and law reform materials. The library is available at: Elsewhere, in the United Kingdom, the Association of Law Teachers (ALT) will be holding their 2010 Lord Upjohn Annual Lecture on 19 November presented by David Edmonds, the inaugural Chairman of the Legal Service Board. The topic of his lecture will centre on legal education and regulation. The Lecture will be the culmination of a busy day for the Association as it will follow the Legal Education Research Network (LERN) Workshop on Developing and Managing a Research Project in Legal Education. This will be chaired by Professor Patricia Leighton and organised by the ALT in association with the Institute of Advanced Legal Studies. Also in November the United Kingdom Centre for Legal Education (UKCLE) will be launching its National Law Student Forum initiative at the Manchester Conference Centre on the 3 and 4 November. It is intended that the Forum will offer an opportunity to set up a network for law students in the United Kingdom, apart from demonstrating how they can actively develop their contribution to the learning process and enhance their skills when communicating or negotiating with staff and other students. It is appropriate therefore that the two books reviewed in this edition both have a student focus. They are The Law Workbook and the Students Guide to Legal Writing, Law Exams and Self Assessment. Both books are published by the Federation Press. Reflecting the continuing ongoing debate regarding the teaching of law in context, the first of three articles digested under Clinical Legal Education is an examination by Lynch, Kay, Goldfarb and Engler of the structural options available for developing experiential programs involving law students in all aspects of what the authors describe as courses involving real lawyering. However Robbins questions whether the tensions between academic and practical aspects of legal education can be resolved, and in this respect queries whether the Clinical Legal Education Association s publication Best Practices for Legal Education can achieve its stated objectives of best practices and how these might be the subject of benchmarking. The crux of his argument is that there is no place in legal education for the best practices concept. This theme is carried over into the third article under this heading in a riposte by Stuckey, a contributing editor to the Best Practices publication, to Robbins critique of the best practice concept by questioning the importance of a debate over the aptness of the use of the term best practices. In Stuckey s view it is important to focus on what is the overall purpose of a legal education, the core of which he believes is a professional education for the preparation of students to enter the legal profession. Contrary to the views expressed by Robbins, he also contends that Best Practices does recommend specific outcomes which law schools should seek to achieve, and that law schools do have common goals and that it is possible for best practices to be objectively verified He goes on to state that it might be better if the next version of the book be titled Best Practices in Legal Education rather than Best Practices for Legal Education. Obviously this is an ongoing debate which will be pursued in the future in both the Clinical Law Review and other journals interested in the outcomes of legal education. Whilst it is the normal practice for the Digest to place any articles digested relating to ethics under the heading of Legal Ethics, it was the view of the Editorial Committee that the article by Mitchel and Yordy was more appropriately designated under the general title of Ethics. The reason for this decision was that to a great extent their article draws on the teaching of ethics within business schools and many of the texts referred to are texts dedicated solely to business ethics. However this does not mean that it is of no value to law students, and in fact the Cover ethical decision-making model has been adopted to assist business-law students through the process of analysing and resolving problems giving rise to ethical dilemmas. The heading Educational Theory is applied to two articles. In the first Burns and Hutchinson trace the development of empirical facts and how they reflect the influence of an expanding body of social science literature on the development of legal research scholarship. The authors emphasise the influence of the empirical studies movement on the move away from doctrinal methodologies in legal research. The other article under this heading by Burton and McNamara focuses on the importance of law students engaging in reflective practice as part of their education. The authors explain that this Edition One

30 means the transformation of reflection into critical reflection which arises when it is extended to the evaluation of what is being reflected upon. The article examines the benefits of reflective practice in the context of experiential learning and i ts importance in assisting students to adjust to their roles as professionals. Elder Law is a fast developing elective subject in law degree programs and the article by Kohn and Spurgeon is therefore acknowledged for this innovative aspect by being placed under the category of Individual Subjects/Areas of Law. The article emphasis that the increase in the elderly population creates a challenge to the legal profession with elder law being poised to play a key role, and it stresses the importance for law schools to make quality elder law education and knowledge a priority for the future. The importance of Legal Ethics in legal education is again highlighted by the inclusion on this occasion of an article by Wolski which submits that mooting is of value in not only being used to teach skills and law, but also values and ethics. However the article is of interest to all legal educators in that it argues that the appellate nature of most moots often lea ds to the neglect of the ethical aspects of the problems explored, and draws attention to the need for overcoming this by encouraging new law students to become involved in simulations. This could be integrated into the law curriculum by way of a matrix course and it is explained how this has been successfully achieved at Bond University Law School when it introduced a skills, ethics and values matrix in Practical Training is the heading for the article by Nees, Willeynn and Mansfield. This is an account of how the introductory course in business law at Georgia State University has endeavoured to introduce their students to the significant role that the legal environment plays in facilitating and constraining business activity. Again, as with other la w programs there is an emphasis on the importance which experiential learning plays in this educational process. Skills has two articles in this edition. The first by Alaka reflects the concerns of law schools that American students are underperforming in basic knowledge and skill acquisition, including reading and writing skills and the challenges which this places on legal writing instructors. It also dwells on the fact that legal writing courses are the principal setting in which to address skills that students should really have learned before they entered law school. The article recognizes that whilst law schools are not able to fill the gap which students should have learned previously, they have a duty to provide motivated students with opportunity to learn better communication skills. In the other article under this hearing Lande and Sternlight highlight the means by which ADR can contribute to an integrated curriculum and how it may prepare students for the real world of lawyering. Under Teaching Methods Merritt is another author who refers to the Carnegie 2007 Publication (already referred earlier under Clinical Legal Education). He explains how an original group of ten law schools formed a network to support further innovation in legal education, and how this has been followed by other law schools adopting systemic reforms to enhance their skills training and experiential education. In this respect the article explores how the development of law school portfolios can introduce students to the concept of controlling their own future educational career. In the final article of this edition under the heading of Technology Todd has written an informative and thoughtful article on ways in which the law school can engage to counter plagiarism. He concludes that the routine use of plagiarism detection software should encourage the law academic to think more carefully on how he or she teaches and assesses. In this final edition of the Digest for 2010 the Editor is encouraged by the wide range and diversity of the articles reviewe d. The fact that this is only a limited selection of all articles reviewed by our researchers is a reflection on the commendably high standard of legal publications being currently produced. Emeritus Professor David Barker AM Editor.. Edition One

31 2011 Legal Education Digest: Volume 19 (1) Editorial A LTA N e w s l e t t e r It is not often that legal education can celebrate a win. Usually in the popular press and even in the articles digested in the pages of the LED there are reports of programs being reduced or even made redundant in order to save costs. Such was the recent Australian experience when Julia Gillard, the Australian Prime Minister, announced the abolition of the Australian Learning and Teaching Council (ALTC), previously the Carrick Institute, and its ongoing programs as part of funding cuts in order to finance disaster relief. This decision caused dismay in tertiary education circles, particularly among law academics, as the quality of law programs and specifically legal teaching had greatly improved under the aegis of the ALTC. This has included recent financial support for three ALTC Scholars in Law: Professors Des Butler, Mark Israel and Sally Kift and an ALTC Funded Research Project in Co-operation with the Council of Australian Law Deans entitled: Learning and Teaching in the Discipline of Law: Achieving and Sustaining Excellence in a Changed and Changing Environment. However, because the Prime Minister needed the support of Independent Members of the House of Representatives to ensure the passing of her Flood Levy legislation, Andrew Wilkie MHR (Ind), made the existing program of grants and awards to the value of $50 over four years conditional upon his support for the Prime Minister s legislation. This means that the ALTC grants and awards program which has had such a beneficial effect on legal education since its establishment in 2005, will now continue, albeit under the direction of the Federal Department of Education, Employment and Workplace Relations for 2012, but crucially benchmarked against the existing ALTC criteria. The two books which have been selected for review are complimentary in that the first, Glanville Williams : Learning the Law, was first published in 1945, and at that time was unique in the United Kingdom for offering advice to potential law students. It was thought that this was the appropriate time to revisit the book, now in its 14 th edition and republished in 2010 under the Editorship of Professor A.T.C. Smith, thus celebrating 65 years of continuous publication. In comparison there is also a review of a new text by Martina Muller and Duncan Nulty entitled Survive and Thrive. This projects a more holistic approach which is being adopted by authors and publishers when advising new law students not only on how to study law, but also how to adapt to life both in the Law School and within the University. When reflecting on the articles digested in this edition the reader might be forgiven for having a sense of déjà vu when the first article is designated under the heading of Assessment Methods. However the experienced law academic will realize that the searching for new approaches to assessment, as reflected in the development of the curriculum, is the very life blood needed to be injected in order to ensure the continuous renewal of legal education programs. In their article Sharp and Datt are concerned with improving the linkages between assessment and the quality of student learning, whilst striving to instil both Atax students and those studying tax law at the University of Auckland, New Zealand into a culture of learning as well as making them information literate. The focus of this article is on how the authors, having reviewed the literature and methods adopted by both Atax and the University of Auckland, are best able to utilise this knowledge and suggest how teaching and learning outcomes could be enhanced when teaching tax. Educational Theory is the subject heading for two articles. In the first Castan, Paterson, Richardson and Watt are concerned with the relationship between law students interest and expectations and their academic achievement. They comment on studies which indicate that there is often a misalignment between those expectations and the actual experience of studying and life at university. In this respect they also report on the outcomes of their own investigations of the career expectations of first-year law students in the early stages of law degree studies. One interesting aspect of this study is the fact that a large majority of first-year law students contemplated working in the law rather than regarding law as a generalist degree the latter being a common misconception as to why students take up the study of law. In the second article under this category Adcroft reflects on the growing concern about the quality of feedback to law students and how this might impact on their learning. The author s reaction to this question is based on a study which was carried out by a questionnaire administered online to both law academic staff and students at a pre-1992 university in the UK. It will not surprise readers that there was a dichotomy between perceptions of academics and students as to what feedback is and its meaning. Elder law is evolving as key subject in the law curriculum as more of the general population reach retirement age. Under Individual Subjects/Areas of Law Kohn and Spurgeon report on their findings arising from an empirical analysis conducted by them among all members of the Association of American Law Schools Section on Ageing and the Law. Digest readers are aware of the problem which sometimes arises over the allocation of an appropriate category for a particular article being considered in the Digest. Such was the dilemma for the Working Paper by Smits concerning the impact of European legal education. After much debate it was categorized under Learning Styles recognising its link to Teaching Methods and Media. In this article Smits argues that students should not just learn one system of law but should be exposed to alternative ways of achieving justice. The view put forward is that such a teaching method means moving away from teaching law as an authoritative system. Under Legal Education Generally, Knotts, Martin and Rand use an eye catching title to their article to attract legal educators to consider how they might engender hope in their students by revitalising legal preparation, as espoused in the Carnegie Edition One

32 Foundation for the Advancement of Teaching s recent report: Educating Lawyers: Preparation for the Profession of Law. Legal Ethics is a mandatory subject both in law degrees and most continuing legal education programs. It is also a category which is increasingly the topic of many articles in the Digest the majority of which involve the vexed question of plagiarism on the part of law students and their submitted course-work assignments. In his article Todd considers some refreshing new aspects of both the problem and how it may be resolved. His approach may be encapsulated in the words which form part of his opening statement: In principle, at least, the Internet can be used to conquer plagiarism, at least as successfully as, up to now, it has facilitated it. The Carnegie Foundation s recent report as mentioned above is again quoted by Terry in the first of two articles under Practical Training. Terry is particularly concerned with that aspect of the report described as signature pedagogy which reflects the emphasis placed by law schools on what could be regarded as cognitive apprenticeship to the detriment of the apprenticeship of professional identity. To remedy this defect Terry advocates an externship program centred on the development of professional identity and values. The merging of theory with practice is considered by Ploeg and Hilbert in the second article under this category, when explaining how William Mitchell College of Law introduced a capstone course which involved students assuming full responsibility for completing a substantial and complex project for a real client. The course, entitled Advanced Alternative Dispute Resolution, is described as an extended exercise in creative problem solving. There are three articles covered by Skills. In the first, Rabe and Rosenblaum propose that clinical and skills professors, as well as legal writing professors use their sabbatical leave to consider practising law rather than follow the traditional scholarship path of most tenured law academics. In the same manner, in the second article, Becker wishes law academics to instill in their students a sense of agency and competence which reflects the practice of law as a source of satisfaction in itself. In the third article under this category De Jarnatt and Rahdert examine the best ways in which students can be prepared to deal with transnational law, particularly relating to by incorporating it into the legal writing curriculum. Whilst Butler s article is focussed on ethics, its concentration on clinical training through the use of technology-based learning environments places it under the category of Technology. The article focuses on an innovative approach to an experimental learning environment Second Life machinima - which proponents claim plays a significant role in engaging students. As can be seen there is no doubt that this edition of the Digest includes a wide and varied collection of articles reflecting the increasing emphasis of diversity within legal education Emeritus Professor David Barker AM Editor Edition One

33 Council of Australian Law Deans A LTA N e w s l e t t e r It is a great pleasure to write this report for ALTA following my first meeting as Chair of CALD on 3 March. We have farewelled Professor Bill Ford who chaired CALD with great distinction and, among other things, has left a legacy of good financial resources for our Council which allows CALD to pursue strategic issues. One such strategic matter is the Review of the ERA 2010 Ranked Outlet Lists which is taking place in preparation for the next ERA round. CALD has tendered to be the professional body engaged in responding to feedback on the journal lists, using a team of consultants with experience gained from the last round. Another activity for CALD has been commenting on the Review of Higher Education Base Funding. The review panel, chaired by Jane Lomax-Smith, has released a consultation paper and invited responses to the paper by 31 March The review will examine the relative costs of delivering courses by discipline and course level. There is some concern that the present poor level of Commonwealth funding for law students may be reduced even further. In a protest against the axing of the ALTC, a joint council of deans, including CALD, have written jointly to the Prime Minister, Senator Hansen-Young and the Greens and Andrew Wilkie. This seems to have had some effect as part of the funding has been restored, particularly at the behest of Senator Wilkie. CALD has been asked to support a funding application being made by the University of New South Wales to AUSAID for a visit of Palestinian Law Deans. The visit will be led by Akram Doud who has visited Australia before and is chair of the Council of West Bank Palestinian Law Deans. If possible, the Palestinian Deans hope to attend a CALD meeting if their visit coincides. The Law Admissions Consultative Committee (LACC) has asked whether statutory interpretation should be introduced as a compulsory element into every law degree, preferably as a stand- alone subject. Last year nearly every CALD member produced a detailed response on whether we agreed that interpretation should be a compulsory element of the law degree, and how we teach it if we do. Following expressions of concern that the Pristley 11 not be expanded without a proper review, LACC has decided to commend to universities inclusion of an option of statutory interpretation in their course. Another issue LACC is pursuing is a perception that law degrees are too short. LACC has requested information on CALD s view on what the equivalent of three academic years means in the uniform admission rules and whether students should be restricted from finishing a law degree using summer schools, intensive courses, etc. LACC and most admission boards seem particularly keen that the minimum of three calendar years (or for postgraduates three academic years ) should not include PLT taught alongside the academic law program. CALD continues to discuss this matter with LACC and the various admission boards. Professor Jill McKeough Dean Faculty of Law, University of Technology, Sydney. Edition One

34 Law Council of Australia: Legal Education Committee A meeting of the Legal Education Committee took place by teleconference on 24 November. This was the first meeting of the Committee since the last teleconference was held on the 23 October The matters which were discussed included: ALTC Standards Statements for the LLB, Australian National University Law Graduates Careers Destination Survey, University of New South Wales Australian Research Council (ARC) Discovery Project Legal Culture, Work Stress and Professional Practice: A Study of Australian Lawyers, Committee Views regarding Creation of Legal Education Policy for Professional Legal Training in Australia, a report from the Continuing Legal Education Association of Australasia (CLEEA) Conference, University of Technology, Sydney Juris Doctor Careers and Opportunities Evening, Legal Education Committee Member Updates, Continuing Professional Development National Taskforce Report and an Overview: Planning for Emeritus Professor David Barker AM ALTA Representative Law Council Representative Edition One

35 Australian Academy of Law A LTA N e w s l e t t e r The Australian Academy of Law held its Annual General Meeting and Symposium in the Supreme Court of Victoria, Melbourne on the 18 November At the Annual General Meeting the President, the Hon. Robert Nicholson AO announced that the membership of the Academy which includes amongst its Foundation Fellows, the Governor-General Quentin Bryce AC and the Chief Justice of Australia, the Hon. Robert French AC, had over the last year doubled its original membership to approximately ninety fellows. The results of the election for Officers of the Academy were: President- The Hon Robert Nicholson AO, Deputy President- Professor William Ford, Treasurer Glenn Ferguson. Among the Directors who were elected were ALTA Members- Emeritus Professor David Barker AM (also Secretary of the Academy), Professor Michael Coper, Professor William Ford, Professor Les McCrimmon, Professor Margaret Thornton and Professor Kate Warner. Membership of the Academy is by invitation only and to quote the Academy s Constitution: Granted to those of exceptional distinction in the discipline of law who are demonstrably committed to the objects of the Academy. These include: The advancement of the discipline of law, provision of scholarships and research grants, the promotion of excellence in legal scholarship and legal education, the continuous improvement of the law and of the operation of the legal system, the promotion of the highest standards of ethical conduct and professional responsibility, the enhancement of the understanding and the observance of the rule of law. In accordance with the final object of the Academy which includes the- Provision of a forum for the constructive debate and the effective interchange of views amongst all branches of the legal community on all matters relating to the achievement of these objects. the AGM was followed by a Symposium entitled: The Future of Adjudication: The Challenge from ADR. The Symposium, which was well attended (in excess of 100 members of the legal community) debated The inter relationship of the various form of Alternative Dispute Resolution processes and the traditional process of court adjudication which it acknowledges- has never been so relevant and intense. The Symposium was chaired by the Hon Chief Justice Warren AC, of the Supreme Court of Victoria with the participation of main speakers: Professor Hilary Astor, NSW Law Reform Commission, most recently Professor for Dispute Resolution, The University of Sydney. The Honourable Justice Weinberg, Supreme Court of Victoria, Court of Appeal The Honourable Justice Finkelstein, Federal Court of Australia. The arrangements for the Symposium were made by John Digby QC, a former Chairperson of the Victorian Bar Association. Emeritus Professor David Barker AM Secretary Australian Academy of Law Edition One

36 Australian Law Students Association Projects, advocacy and representation for students A three-pronged approach for delivering more to students was the goal for the Education Portfolio this year. Eight months in and all programs for the 2011 team are well underway. This year ALSA has taken on a stronger media presence, gaining wide coverage for its policy agenda and submissions to government. Most recently ALSA s work in the area of mental health and depression in law school was highlighted in a special education feature for the Sydney Morning Herald (Legal eaglets learn to fend off depression ). Depression in the law will receive further attention with the establishment of a robust Working Party consortium. The Working Parties will focus ALSA s direction in four key areas, namely - Rural remote and regional issues (RRR), curriculum review (CR), pro bono and community practice (PB) and depression & mental heath (DMH). Vice-President (Education) Melissa Coade said the Working Groups increased ALSA s capacity to achieve more in the most effective representative way. The Working Parties provide a better collaborative environment for Council members to plan projects and discuss strategy on any given topic that falls under the umbrella of one of our four groups, Ms Coade said. Policy and partnerships ALSA has strengthened important relationships with relevant stakeholders in the legal education sector, playing an active role in the Law Council of Australia Legal Education Committee. The group has made submissions to the Committee regarding the Australian Law Reform Commission Discovery Consultation Paper and the 2011/12 Federal budget by reiterating importance of RRR issues in a letter to the Office of Treasury. Comment on the National Legal Profession Reform was made in a letter to the Attorney General for Australia that outlined the group s support for the revised National Law and Rules. ALSA President Matthew Floro welcomed the new Admissions Committee saying that the outcome-based requirements for a compliance certificate was a step in the right direction. ALSA strongly supports the creation of a national practising certificate in the revised National Law. This will reduce the burden that differing regulatory requirements across jurisdictions place upon graduates, universities and PLT providers, Mr Floro said. Concerns about uniformity and equity were also raised in the letter about unchanged Practical Legal Training (PLT) requirements. Both PLT courses and workplace placement satisfy vocational requirements for admission, meaning not all can offer FEE-HELP loans to students. The letter also pointed to inadequate opportunity for student representation in the proposed system and appealed for student involvement in future advisory committees to the National Legal Services Board. ALSA has also been actively consulting with its Council to develop a position on the proposed Australian Qualifications Framework (AQF) and Tertiary Education Quality and Standards Agency (TEQSA). Over the past two months the group has been in discussions with the Office of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations about how ALSA s concerns may be addressed ahead of a formal adoption of the AQF. According to a publicly released communiqué from the last Ministerial Council for Tertiary Education and Employment meeting ( ): Ministers agreed to further refinements to the AQF arising from the working on strengthening the framework undertaken by the AQF Council. These refinements, which follow further consultations with the University sector, enhance the Masters degree and provide for a more comprehensive Doctoral degree. Edition One

37 This is promising news for ALSA who has indicated that quality law degrees cannot fit the proposed AQF mould. Problems relating to the level 9 classification of the Juris Doctor and changes to the requirements of the award of Honours must be resolved before the AQF is implemented, Ms Coade said. ALSA intends to continue dialogue with Senator the Hon Chris Evan s office in the Department of Education, Employment and Workplace Relations. Among other legal education stakeholders ALSA has continued to strengthen its relationship with the Council of Australian Law Deans (CALD), meeting with the body last November. Partnership with CALD will be integral for ALSA in the coming months as it looks to harmonise issues with the AQF and implement Working Party projects among Australian law schools. Looking ahead, the annual ALSA Conference has been scheduled for 8-15 th July This year the Conference will be hosted by the University of New South Wales and is expected to attract over 600 law students. The ALSA Council is due to convene its second sitting in late April and will continue driving all scheduled projects for To read ALSA s detailed statements about TEQSA, the AQF and other matters please see Working Party projects planned for the next two months will be updated to the ALSA website in coming days. The group intends to hold a soft-launch for these projects in early May 2011 (Law Week). Compiled by the ALSA Education Portfolio, Wednesday 23 March, 2011 For more information see our website or contact Vice-President (Education) Melissa Coade by ing vp_ed@alsa.asn.au Edition One

38 International Association of Law Schools Membership In each of my last three ALTA Newsletter columns on the IALS, I have extolled the virtues of the IALS and encouraged Australian law schools to join (see newsletters/2009_alta_newsletter_edition_three.pdf, newsletters/2010_alta_newsletter_edition_one.pdf, and newsletters/2010_alta_newsletter_editiontwo.pdf. I continue to do so, because I believe that, as legal educators and legal scholars, we have a lot to learn from our counterparts in other countries, and also a lot to contribute from our own knowledge and experience. The IALS is an excellent forum in which both of these things can happen. As a nation, we already have an excellent record of membership 16 of our 32 law schools have signed up but of the 16 which have not signed up, quite a few appear to me, in one way or another, to have international aspirations, and therefore likely to find the IALS a good fit. Let us continue to build our law school membership and lead the world in international engagement. You can view the current membership list at I am delighted to add that, although IALS is predominantly an organisation of law schools, there are other categories of membership, for individuals and organisations, and that, taking advantage of this possibility, ALTA itself has signed up. I applaud this leadership by ALTA, and the consequent opening up of a further channel of communication, in addition to those enjoyed by colleagues in member law schools, between the IALS and individual law academics across Australia. IALS session at AALS in San Francisco, January 2011 As I mentioned in my last report, the Association of American Law Schools (AALS) holds its annual meeting every year in the first full week of January after New Year, and did so in January 2011 in San Francisco. It is always a buzz how could it not be, with, on this occasion, 3,300 participants, extensive opportunities for networking, planned and serendipitous, and a huge range of scholarly papers on the hot topics of the day? This year, for the first time, the IALS was allocated an official session at the AALS Annual Meeting (discussion of international themes in legal education had previously taken place under the banner of one or more of the AALS sections). Thus, a diverse international panel was assembled to consider how applicable beyond the US were the core values set out in the AALS Charter an admirable outward-looking focus for a nation often characterised as insular in these matters. The discussion ranged from core values in legal education to core values in the legal system, with, in relation to the latter, a particular focus on the independence of the judiciary. If you have a spare four hours, you can listen to it at What are our core values in legal education? My approach to the question set for the panel was to endeavour to identify our equivalent Australian core values, and to compare and contrast them to those set out in the AALS Charter. But where can we find an authoritative statement of our core values? I came up with my own version gleaned from a number of sources, including the Council of Australian Law Deans (CALD) Standards ( the objects of the Australian Academy of Law (AAL) ( and the mission statement of ALTA ( gies.pdf). There is no single place where our core values can be found. My construction of them undoubtedly had an element of subjectivity. But the whole exercise made me wonder whether there might not be some value in trying to articulate and achieve consensus on our core values in legal education. This could not only spark a useful debate on precisely what values we hold dear. It could also be useful if not essential when we are called upon to defend them. IALS conference in Buenos Aires in April 2011 This issue of identifying our core values connects well with the ongoing work of the IALS. The forthcoming IALS conference (probably forth come by the time you read this), to be hosted by the University of Buenos Aires (whose law school has 25,000 Edition One

39 students Monash and QUT, eat your heart out!), reverts to the legal education themes we canvassed at the Canberra conference in 2009 (see, for the themes and papers, and, following a reprise of these themes at the 2010 AALS Annual Meeting, publication of a selection of the papers in (2010) 29 Penn State International Law Review nicely summarised at I explore in my Buenos Aires paper the need, in an organisation like the IALS, to balance the focus on difference learning from each other with an exploration of what we have in common, indeed of whether there are any universals. The core values debate moves us from thinking about the differences that illuminate to the commonalities that unite. Both, I think, are essential. Hopefully, by the time you read this, all of the papers will be posted at IALS conference in Bangalore in 2012 As noted in earlier reports, the 2012 IALS conference will be hosted by the National Law School of India University in Bangalore, India, on the subject of the role of law schools in relation to the protection of human rights. Human rights is, of course, quintessentially a subject that reveals a tension between claimed universality and cultural relativity. There is much learning on this already but what has not been so closely examined is the role that law schools can, might and should play, through legal education, legal scholarship, and community engagement. Bringing together the world s law schools to work on this is a wonderful opportunity to make a difference. To those Deans whose law schools are not yet members of IALS, I say sign up (just go to and, on behalf of your colleagues, grab that opportunity with both hands. Professor Michael Coper Dean, ANU College of Law Australian National University Member, Governing Board IALS Edition One

40 Commonwealth Legal Education Association Readers of the ALTA Newsletter will be interested to know that a meeting of the Executive Committee Meeting of the Commonwealth Legal Education Association (CLEA) held in Bangalore, India on the 29/30 January 2011 approval was given to establishing a Commonwealth Law Students Association (CLSA) under the auspices of the CLEA and that to further this proposal a CLEA/CLSA Steering Committee be established with David Barker as Convenor and Siva Sivakuma (CLEA South Asia-India Chapter Representative), David McQuoid-Mason (President CLEA) and the President of the Australian Law Students Association (ALSA) or nominee as members. This is a great move forward in furthering the interests of law students within the Commonwealth, a proposal which has always received the strong support of ALSA which has now been acknowledged in their being granted membership of the Steering Committee. The proposal now awaits the formal approval of the ALSA Council at their meeting in April. The proposal has already received the enthusiastic support of many law students associations throughout the Commonwealth and it is hoped that the CLSA will have a strong presence at the next Conferences of the Commonwealth Lawyers Association and the Commonwealth Legal Education Association which it is anticipated will take place in Cape Town, South Africa in Emeritus Professor David Barker AM CLEA Executive Member Edition One

41 Interest Group Conveners A LTA N e w s l e t t e r Clinical Legal Education Pamela Morgan pamela.morgan@mq.edu.au Commercial & Consumer Protection Susan Watson s.watson@auckland.ac.nz Company Law Anil Hargovan a.hargovan@unsw.edu.au Comparative & Asian Law Simon Butt s.butt@usyd.edu.au Constitutional Law Imtiaz Omar komar@une.edu.au Criminal Law Kris Gledhill k.gledhill@auckland.ac.nz Dispute Resolution Marilyn Scott marilyn.scott@uts.edu.au Environmental Law Trevor Daya-Winterbottom trevord@waikato.ac.nz Equity and Trusts Sue Tappenden suetapp@waikato.ac.nz Ethics & the Legal Profession Maxine Evers Maxine.evers@uts.edu.au Evidence & Procedure Kathy Douglas kathy.douglas@rmit.edu.au Family Law Currently being finalised Indigenous Peoples & the Law Matiu Dickson mdickson@waikato.ac.nz Intellectual Property David Price David.Price@cdu.edu.au International Law Daud Hassan daud.hassan@uws.edu.au Labour Law Kristy Richardson k.richardson@cqu.edu.au Law & Computers Alexandra Sims a.sims@auckland.ac.nz Law & Economics Currently being finalised Legal Theory and Law in Context Michael Head m.head@uws.edu.au Law & Medicine Shih-Ning Then shih-ning.then@qut.edu.au Law & Social Justice Patricia Easteal patricia.easteal@canberra.edu.au Law for Non Law Students Patty Kamvounias p.kamvounias@econ.usyd.edu.au Legal Education Judith McNamara j2.mcnamara@qut.edu.au Legal History P.M Vasudev p.vasudev@auckland.ac.nz Legal Research & Communication Natalie Cuffe n.cuffe@qut.edu.au Practical Legal Training Paul Rogers p.rogers@uws.edu.au Property Law Fiona Burns f.burns@usyd.edu.au Revenue Law Robin Woellner robin.woellner@jcu.edu.au South Pacific Legal Studies Jennifer Corrin j.corrin@law.uq.edu.au Tort & Contract Penelope Watson penelope.watson@mq.edu.au Edition One

42 Convener Pre-Conference Updates CLINICAL LEGAL EDUCATION Convener: Pamela Morgan I encourage you to submit a paper this year for the ALTA conference to be held at QUT in sunny Brisbane. The theme for this year s conference is My Lawyer Rules: Assuring legal and education standards. The topic area is broad and very relevant as there is much current research the nature and content of undergraduate law degrees and issues relating to employer expectations in new graduates. Papers on clinical and practical legal education provide an opportunity to explore the continuing validity of these areas for law students, particularly in areas of graduate capabilities and the need to be work ready once formal studies have been completed. There have been a limited number of papers submitted for this interest group over the last couple of years and it would be encouraging to see many more presented at this year s conference. CRIMINAL LAW Convener: Kris Gledhill The 2010 ALTA Conference in Auckland contained an interesting set of presentations, covering a range of issues from discrete questions such as the claim of right defence to systemic issues such as the regulation of the private security industry. The 2011 Brisbane Conference provides an opportunity to develop the work of the Criminal Law Interest Group: please send in your abstracts. I look forward to hearing from you; and please encourage colleagues with an interest in criminal law. ETHICS & THE LEGAL PROFESSION Convener: Maxine Evers We look forward to meeting many attendees at the Brisbane conference. This year s theme My Lawyer Rules: Assuring legal and education standards is timely given the move towards national standards for the legal profession. We know that Ethics means much more than standards, although ethics underpins standards, rules and duties. The legal profession continues to face challenges concerning ethical standards, especially in a competitive business world. Law schools continue to meet challenges in areas of accreditation, curriculum and accountability that our graduates have a global focus, are fit and proper and competent to enter into an increasing diverse profession. Getting together in Brisvegas will be a fantastic opportunity to discuss these and many other issues and to enjoy the wonderful state of Queensland. INTELLECTUAL PROPERTY Convener: David Price As the new convenor of the Intellectual Property Interest Group, I am delighted to invite you all to consider submitting an abstract and subsequently delivering a paper at the 2011 ALTA Conference. And if you are not moved to deliver a paper, then I hope and trust that you will attend the IP interest group session (s) and engage actively with those who do. There should be no shortage of current, active and somewhat controversial subject matter on the national IP agenda to arouse our interest and attention - what with some proposed regional trade agreements with significant IP implications hovering over our heads. And with the government proposing to raise the bar legislatively, and the courts making some landmark IP decisions in recent times. And DNA patenting receiving some overdue attention. And let s not forget the IP implications that could conceivably accompany a carbon tax scheme and carbon trading schemes. --- just to mention a few. I look forward to an exciting and engaging, hopefully with a dash of controversy, IP session at this year s ALTA conference. In the meantime, I await your abstract with eager anticipation. INTERNATIONAL LAW Convener: Daud Hassan ALTA Conference 2011 is approaching soon. This year s ALTA conference will be held at Stamford Plaza, Brisbane from 3 to 6 July The theme of the conference is My Lawyers Rules: Assuring legal and educational standards. This conference will create an excellent opportunity to explore the issues of standards for teaching and learning as well as for research quality in law and legal education in Australia. It would be great if you can attend the conference and share your experiences in presentation sessions. This conference would be an ideal place to extend your network with colleagues in your areas of interests. Please note the following important dates in your diary for this year s conference: 1 April 2011: abstract submissions close 3 May 2011: early registrations close 3 June: paper submissions close Please submit your abstract using the abstract submission template. Thank you for supporting ALTA conference Edition One

43 LABOUR LAW Convener: Kristy Richardson What a great time to be involved in Labour Law! There are industrial relations issues relevant to the Fair Work Act, Australia is on the verge of a harmonised occupational health and safety regime and the global financial crisis has impacted upon employment generally. Given all this action there must be an idea that YOU can form into an abstract to submit to this year s ALTA Conference. Looking forward to being inundated in abstracts LAW & COMPUTERS Convener: Alexandra Sims The Law and Computers has had a rich and varied offering of papers over the past few years. Those papers include: cyber stalking; consent to online privacy policies; issues in relation to electronically stored evidence; electronic signatures and acceptance issues and the law s reach into the virtual worlds. The Law and Computers Interest Group looks forward to another crop of interesting papers at the 2011 conference at QUT in July. LAW & MEDICINE Convener: Shih-Ning Then To all those interested in and who teach in the realm of law and medicine, the call for papers and registration is now open and I would encourage you to consider joining us for the ALTA 2011 conference. In addition to calling for general law papers that fall within the broad law and medicine theme, this year we would also like to extend invitations for those interested to give presentations on teaching medical law related areas. In particular, given the intersection of medicine with ethics, we would be interested in papers that consider Ethics in Medical Law and How We Teach It. I know many of us are involved in teaching in this area, including to health care professionals, and would like to invite those interested to submit papers on their teaching. I hope to be seeing you there! LAW FOR NON-LAW STUDENTS Convener: Patty Kamvounias Greetings to members and friends of the Law for Non-Law Students (LNLS) interest group! The theme of the 2011 ALTA conference My Lawyer Rules: Assuring legal and education standards will attract a number of interesting papers but papers on any topics that fit into any of the interest groups are most welcome. I would especially like to encourage members who are new to ALTA and those who have not presented at an ALTA conference in recent years to join us in Brisbane this year. The LNLS sessions at the annual conference provide an opportunity to present research in a supportive environment and a forum for discussion of common concerns with colleagues from across Australia and New Zealand. I look forward to seeing you in July. LEGAL THEORY AND LAW IN CONTEXT Convener: Michael Head I hope to see many of you at the ALTA Conference. Our combined Legal Theory and Law in Context group will undoubtedly, as always, present a fascinating and diverse range of papers. The topics in the past have included a number of political issues, such as climate change, the right to equality, and the Constitutionality of Parliamentary prayers. Legal theory topics have included the early Soviet Russian experience, and moral intuitionist cognitive theory. Legal education has also received a critical working over, with papers on the political economy of the university and conceptual and contextual literacy. Such presentations provide a wonderful opportunity for each of us to test out our research and conclusions. We are looking forward to a thought-provoking and fruitful exchange of views and cross-fertilisation of ideas. LEGAL EDUCATION Convener: Judith McNamara Once again the Legal Education interest is expected to receive a large number of submissions. In order to facilitate the expected number of presentations the Legal Education group will hold a poster showcase in addition to the usual interest group sessions. The poster showcase will enable a greater number of presenters to discuss their ongoing legal education projects with conference participants. Submitters are invited to choose to present in either the traditional format or as part of the poster showcase. Edition One

44 LEGAL RESEARCH & COMMUNICATION Convener: Natalie Cuffe The Legal Research and Communication interest group was formed in 1994 with the specific aim of addressing LLB curriculum issues in both legal research skills training and legal writing skills training. It was originally envisaged that communication could cover advocacy and mooting, that is the verbal communication of the results of legal research. Legal research curriculum has evolved significantly since this time. What do you see as the legal research curriculum direction for the future? How is technology (such as Blackboard or other learning management systems) changing the way you teach legal research and writing? What new ways are there for assessing legal research knowledge? Is there still debate to be had about legal research as a curriculum add-on or is curriculum integration accepted? Are undergraduates ready for more than the doctrinal method? What is happening in the postgraduate domain? There are many conversations to be had about legal research and communication and we look forward to having them with you at QUT in July PROPERTY LAW Convener: Fiona Burns I invite Property group members to attend the 2011 conference and to make a presentation at the Property group. Property law has always been central in our legal system and this has not changed. What has changed is the internal dynamics of this interesting area of law. For example in recent years the law governing personal property in Australia has undergone significant modification. Environmental concerns, questions about the extent to what extent title can truly be indefeasible and the day-to-day interpretation of complex property legislation governing such matters as leases and mortgages still continue to baffle and challenge lawyers. REVENUE LAW Convener: Robin Woellner Over the past few years, the Revenue Law Interest Group has enjoyed ongoing success, with growing attendances and excellent papers on a range of interesting and challenging topics which have stimulated vigorous but good-humoured debate among members promises to continue this trend, with a wide range of important and controversial issues arising during the latter half of 2010 and early 2011 which will provide plenty of food for thought and interesting discussion. Potential issues include not only the staple income and deduction decisions such as Anstis, but also: a proposed rewrite of the provisions dealing with taxation of trusts to make them simpler and more coherent - particularly important in light of developments such as the High Court decision in Bamford, and the controversial Federal Court decision in Clark, proposed reforms to tax arrangements for collective investment vehicles; ongoing changes to the taxation of financial arrangement provisions; significant decisions on Part IVA, including Noza, Futuris, RCI, British American Tobacco, and Trail; Numerous important decisions and proposed reforms to GST including amendments to the margin scheme, and decisions such as Travelex, DOT, Gloxinia, American Express, Russell, Lansell and Sunchen; and decisions on CGT such as AXA; to mention but a few. I look forward to seeing existing and new members of the Group and spirited and illuminating discussion of these and other issues at ALTA The Property group at the ALTA conference has been created: so that property lawyers able to meet other property lawyers: and in order to facilitate a useful interchange of ideas between participants in a relaxed and convivial atmosphere. Therefore: If you are a member of the Property group and would like to attend the conference and make a presentation, I encourage you to do so. All abstract submissions are sympathetically reviewed with an eye to encouraging a wide coverage of topics; and If you are not a member of the Property group and would like to become a member (and even make a presentation on a property law topic), just undertake the necessary registration. You will be warmly welcomed. SOUTH PACIFIC LEGAL STUDIES Convener: Jennifer Corrin The 2011 Conference is drawing closer, so it s time to think about preparing a paper for our interest group sessions. The Conference theme, My Lawyer Rules: Assuring legal and education standards gives scope for the discussion of standards for legal education, the legal profession and research, in the context of the South Pacific. As usual abstracts on South Pacific topics outside the conference theme may also be submitted. If you have any special ideas for the way a session might be run or suggestions for combining with another interest group for the whole or part of a session please let me know. I look forward to seeing you in beautiful Brisbane in July. Edition One

45 Contact Us If you have any questions, concerns or suggestions for our organisation, please contact us: Australasian Law Teachers Association Faculty of Law University of Technology, Sydney PO Box 222 Lindfield. NSW 2070 Ph: Fax: admin@alta.edu.au Newsletter edited by: Nathalie Poludniewski ALTA Administrative Coordinator Edition One