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STRAIT to the future8th Asia-Pacific Specials, Health and Law Librarians Conference The future in online legal education
Beth Finch, Southern Cross University Keywords: Legal research; Distance education; Libraries AbstractMeeting the challenges in today's global educational market is a precarious mix of sound pedagogical principles and innovative use of information technology. Southern Cross University's School of Law and Justice is strategically placing itself in this virtual environment and will deliver courses via CD-ROM and Internet in 1999. A team approach involving academics, graphical designers, information technologists, students, librarians and business has been chosen. Librarians are designing online help tutorials as well as playing an important role in the negotiation and provision of commercial electronic legal information resources to mesh in with the online learning environment. Capitalising on past innovative trials in collaboration with publishers has placed the School in a unique position to offer substantive information resources to remote clients to support learning modules. During the past twelve months teaching online Legal Research and Writing to students located remotely from the University was made possible through gaining permission to deliver Law Book Company electronic resources from the University Library via the World Wide Web. Currently online learning modules are being developed for trials during first semester 1999. Students will engage in collaborative learning and 'live' practical activities and may also attend practical workshops. The future is an exciting prospect, with students being offered delivery online, 'any place, any time'. Introduction
Southern Cross University is a regional university with a network of campuses and study centres situated along the NSW North Coast. Courses are offered from 4 Colleges and 14 Schools which include Education, Business, Resource Science and Management,
Tourism and Hospitality Management, Social and Workplace Development, Human Services, Humanities, Natural and Complementary Medicine, and Health Sciences. The School of Law and Justice offers a range of study programs including paralegal studies, graduate
and postgraduate degrees.
During 1998 the University had decided to centrally fund two pilot online courses to give momentum to an already active use of the Internet to supplement existing course resources. This new direction was to bring together resources, skills and stakeholders across the University utilising formal project management principles in contrast to earlier efforts which relied on enthusiastic individuals with limited support. Multidisciplinary teams included academics, instructional designers, information technology staff, and librarians. The School of Law and Justice was one of the schools keen to participate in the pilot and had in fact been teaching the Legal Research and Writing unit over the internet since the beginning of 1998. Initially the discussion will focus on the use of technology in teaching legal research skills in distance education, teaching skills and methods as they relate to legal research, and an overview of computer based learning. The paper will then address the University's experience from 1995 when Legal Research and Writing was offered externally through to the decision to centrally fund the move to go online. Southern Cross University Library has aligned itself with online or web based learning from the very outset. Prior to the University's current online projects the Library was working closely with the School of Law and Justice and legal publishers to offer commercial legal resources over the web to distance students. After trials in 1997 Law Book Company infobases were integrated into the Legal Research and Writing website in 1998. The Library's role in support of online and flexible learning and future plans will also be discussed. Teaching skillsIt is still not fully accepted that legal or lawyering skills should be taught in law schools today.[1] This debate is however outside the scope of this paper. It is suggested that the main concern today is not whether skills should be taught at law school but where they can be located to achieve the best effect[2] and how the appropriate balance should be achieved.[3] It is clear however that the views of many law schools[4], as well as legal practitioners and law graduates support the teaching of legal skills, and that research and problem solving skills are viewed as most vital.[5] With the rapid increase in both volume and content of law, it is increasingly important the future lawyers and paraprofessionals can find and interpret the relevant law. These days, there is little law, particularly the primary sources of law, which is not in electronic format, whether on CD ROM or on databases accessible via the Internet. As a result, the need for law students to possess the skills to retrieve electronic legal information is accompanied by the requirement for them to understand the structure of those information systems.[6] The aim of legal education is to prepare students for work in the legal profession or related industries. Work has been described as the combination of a job (associated with an industry) and skills (associated with an individual).[7] Skills can be further categorised as task management, work environment, workplace learning and interpersonal skills.[8] In the context of the legal research education, task management skills, which relate to the ability to co-ordinate the job at hand, are learnt by students successfully undertaking the unit requirements. Work environment skills include manual skills, such as being competent in the use of the technology employed in the industry. A survey of NSW legal practitioners in 1996 revealed that 63% of city practitioners, 32% of suburban practitioners and 44% of country practitioners had access to a modem.[9] Workplace learning skills refer to the ability to learn on the job. With the rapid advances in technology, these workplace learning skills are increasingly important and workers need to be able to build on their skills to use the new technologies with flexibility and competence.[10] Finally students in their interaction with staff and their peers develop interpersonal skills. For most legal practitioners today, the practice of law depends on the use of technology, that is computers, software and telecommunications.[11] The legal industry has already seen the increased use of litigation support databases, computerised practice management systems, teleconferencing and electronic conveyancing to name a few areas. The use of technology, as in all areas of industry, will inevitably increase at an exponential rate, so that to equip law students for the future, law schools must prepare them to work in law offices that are dramatically different from those of today.[12] To successfully train future legal practitioners and paraprofessionals, students need to learn "how to do law", as well as learn about the law.[13] In line with the first requirement, future practitioners need to know how to find, understand and applying the changing rules of law.[14] Law can be seen as an instrument or tool, rather than a machine to provide the answer to legal questions.[15] Without training in the use of the tool, tomorrow's legal professionals will be hard pressed to answer legal questions. Theories of learningExperiential learning has been defined as generating an action theory[16] from your own experiences and then continually modifying it to improve your experience.[17] The emphasis of this theory is on the process of learning and the analysis of behaviour, thoughts and feelings.[18] Experiential education occurs where there is involvement of the individual learner, correspondence between the environment in which learning takes place and the actual environment which is being represented and there is learner control over the learning experience.[19] In teaching students to perform skills, experiential learning is necessary if new abilities to perform are required.[20] In learning skills such as legal research skills, we learn by doing.[21] The experiential nature of the learning philosophy necessarily exposes students to a range of technologies.[22] Efforts in fostering generic skills are closely allied to efforts to promote deep learning in higher education.[23] As such, students must not be only the passive recipients of knowledge but must be actively engaged in the process of learning.[24] The aim of higher education is to create educated persons, that is, persons with a basic level of knowledge who knows how to learn. Learning to learn involves becoming an information seeker, who can think critically and who has the ability to use the tools of inquiry.[25] This is vitally important for students when learning legal research skills. Haughey and Anderson state the learning principles most related to networked learning are: how important is active involvement; how can I meet learners' needs and learning styles; what is the value of participation; why is it essential to have support for learners; and what is the value of a variety of learning experiences?[26] In a discussion of the latter principle, they note that by facilitating contact with others in the learning experience, students are able to link what they learn with the ways that the information is used in the workplace.[27] They go on to quote Wiggins (1993), a researcher in active learning, who identifies the following characteristics where personal experience and learning is linked: a focus on problems where learners must construct knowledge to achieve; tasks similar to real-world activities are included; resources to those used by professional are accessed; and problems requiring a range of knowledge, judgment and skills are used.[28] Clearly this applies to learning legal research skills. Use of technology in teaching legal research
Teaching the use of technology
Using technology to teach
There are many methods that can be employed in online teaching, such as seminars, learning partnerships and dyads, small peer learning groups, team presentations, simulations or role-play.[30] Problem solving is the basis of these in learning legal research. Interaction and contact in online learning can be achieved by computer conferencing, which can be described as encompassing a full range of human-to-human computer mediated interactions.[31] As such, it refers to e-mail, bulletin boards and can be either synchronous or asynchronous. Online cafes can provide a venue for more informal interaction between students. Students should be made aware of the appropriate Netiquette in these communications. In online teaching, the role of the instructor changes from being a teacher in front of a classroom to a facilitator whose role is to guide and support the learning process.[32] Design of online units covers both the look and the feel of the lesson. When designing for 'look', have a clear visual idea of the look of the project and remember that details matter. When designing for 'feel', keep it simple, keep control as the user is not always right, map the learning domain, provide help, timely and appropriate feedback and allow for escape.[33] To ensure a quality product, there must be quality in content, instructional design, media production, delivery and student support.[34] Also greater investment is needed at the design stage, and greater attention should be paid to the theoretical framework in terms of which the design process is understood.[35] It is important to remember that the medium is not the message; in other words, technology should not drive the content.[36] Advantages and disadvantages in the use of technology in teachingThe advantages and disadvantages of CBL have been well documented[37] and are summarised below. However many of these issues related to early learning packages which were dependent on linear structures and primitive multiple choice questions Another way of describing this process is networked learning where learners and instructors use computers to exchange information and access resources as part of a learning endeavour.[38] Advantages from the use of technology include:
In relation to learning legal research skills, it has been noted that using multi-modal delivery in teaching legal skills can assist students in developing their own strategies for dealing with changes in the legal research process.[39] Also, in a University of New Mexico clinical legal program, it was noted that by making extensive use of technology students can learn substantive law, improve their computer literacy, acquire important lawyering skills and gain insights into the legal system.[40] Disadvantages can include:
The Southern Cross University experienceExternalisation of units from the Law School began in 1995. Today approximately 65% of the Law School's students are studying externally. In the last two years the distribution of students enrolled in Legal Research and Writing was:
Legal Research and Writing is a first year first semester unit for the above courses. The objectives state that at the conclusion of this unit, students will:
The structure and content has been modified regularly over the past four years to improve the quality of teaching and to stay in line with the increase of legal materials available, both those offered publicly over the Internet and those offered by the SCU library. By 1996 the library had made available most of its electronic indexes and databases to DE students, although LBC Information Services and Butterworths databases (or infobases) were not. By 1997 LBC had agreed to their databases being available over the Web, although somewhat limited in form and regulated by the use of usernames and passwords for appropriate law students. The Library now subscribes to a limited number of Butterworths online products but access for remote students is still problematic. Library and academic staff are currently trialing products now being delivered from the LBC site. Despite the modification of Legal Research and Writing, the underlying content remains the same. Students are introduced to Australian law generally and manual and computerised research methods. Students are introduced to the secondary sources of law and learn their use in finding the primary sources or other information that may be relevant to their research. When learning how to research case law, students learn not only how to find case law, but also the look and structure of cases and how to apply the doctrine of precedent. Similarly with researching legislation, apart from locating and updating legislation, students learn how legislation is made, how it appears and how to apply the rules of statutory interpretation. Between 1995 and 1997 this unit was offered to students in print mode. Regular contact with the instructor was both by phone and by e-mail. Two-day workshops were held in Lismore and Sydney, with one day each devoted to manual and to computerised research. These workshops were considered highly successful by both staff and students, with the affective and psychomotor objectives realised. The majority of students reported increased confidence in the research skills, but all parties suffered from 'overload'. By the beginning of 1998, a website had been developed for delivery of this Module, which was offered in conjunction with the print-based delivery. Workshops were still offered to all DE students. In effect, the Web-based delivery was little more than an electronic Study Guide, but the primary aim was to evaluate this mode of delivery in discussions with students at workshops. Many students reported their enjoyment of this mode of delivery, but much of that was due to the 'buzz' factor of learning online. Students in the past had expressed their frustration in connecting to SCU and other databases, so included were extensive activities using these databases which students accessed by clicking on hypertext links. A hypertext link provided instant feedback on these activities. Very few students used these activities at all! As has been noted, a problem identified with computer aided activities is their lack of integration in to the assessment regime. Unless students can see the benefit of using the activities to improve the performance in formal assessment items, then it is unlikely they will make use of them.[41] On a more positive note, students were pleased with the speed of access to the Web site. Each individual Web page of the unit was restricted to a screen or screen and a half and used few and simple graphics. A fully hypertext-linked Table of Contents allowed students to access all parts of the Study Guide when and how often they wished. From each Web page, students were able to go back to that Table of Contents, seek online help or contact the Unit Assessor or Resident Tutors. e-mail discussion lists were also set up by the Unit Assessor. All parts of the Study Guide were also linked to each other where relevant. Paralegal online project[42]The aim of the project is to deliver courses by way of a flexible online method. A large number of our distance education students are already working full-time and would like the freedom to complete the course at their own pace over the full year, rather than for 30 weeks of the years. Included in the objectives of the Project are to: provide an online course; to enable students to study anywhere, anytime and at any pace; improve the quality of the teaching and learning process; and improve the ability of distance education students to interact with peers and staff. The project is a School of Law and Justice project and is funded jointly by the School and by a University Innovation and Development Funding grant. The project team involves academics, administrative staff and students from the School, members of TiLT (Technology in Learning and Teaching), library staff and an Internet consultant. An incremental approach has been chosen for this project. Incrementalism is about experimenting with a range of technologies over time and then settling on combinations that yield maximum educational value for students.[43] The first stage of the project is to offer two units, one of which is Legal Research and Writing, in February 1999 to a pilot group of students. This stage also involves the establishment of the necessary technical infrastructure, a survey of students to establish software and hardware requirements, the training of relevant staff in web delivery and the establishment of marketing procedures. Stages 2-4 involve the development of the remaining law units, so that all units will be offered in this mode by February 2001. Web CD is a hybrid system that uses CD ROMs for the storage of static information and the Web for dynamic exchange between people and searchable resources.[44] The pedagogy will remain problem based learning, with students involved in small work groups to enhance interactivity. The assessment also remains based on problem solving and it will be the method that is assessed, not the students' ability to provide a correct answer. As many of the DE students already work in law firms, the latter choice could be an easy but unproductive outcome for them. The content will be structured, with a text that is the main resource. The online product will provide a non-linear guide through the unit, as well as providing activities and ongoing feedback. Concerns regarding the supporting infrastructure relate mainly to IT issues and student administration. IT issues relate to the development of a web-based support structure for students, the provision of the necessary tools students will require and the provision of 24 hour a day 7 day a week phone support for students. It is expected that these issues will be resolved by the beginning of Semester 1 next year. Student administration are implementing an online administration service in 1999, however it will not be ready for the first stage of the project and students therefore will not receive the full online experience. The pilot is about to finish and students will be surveyed on all aspects of this mode of learning. Plans are in place to offer further law units for next semester. The immediate challenge for staff is to learn from the pilots and put in place improved support structures, change management and communication strategies across the University and to facilitate the development and delivery process. [45] Library's role in online learning
Information literacy
Provision of online resources and services
Information and knowledge management
Challenges for libraries
ConclusionIt has been suggested that the information superhighway with its unparalleled opportunity for gathering and disseminating information, together with developments in courseware, will redefine the concept of a law school and alter the current method legal education.[45] This is not a surprising idea, as all developments, technological or otherwise, redefine our lives on a daily basis. Legal education has constantly changed over the years and it is hoped that it will always do so. Whether those changes are beneficial depends on the evaluation of them. Legal research is already heavily dependent on computers for access to extensive electronic sources,[46] and quality education in this area must be reliant on the use of technology both as content and as medium. For future legal practitioners and paraprofessionals, the access to legal information by those without legal training will have far-reaching implications.[47] Librarians are key components in the collaborative approach to online teaching and learning. Past experiences in delivering networked electronic resources, the promotion of life long learning through information literacy training and the specialist knowledge and skills librarians possess, places the profession in a strategic position in the burgeoning online education industry. Biographical sketchesBeth Finch (LLB) is an associate lecturer in the School of Law and Justice at Southern Cross University where she lectures in Legal Research and Writing, Information Technology and the Law, Securities Markets Regulation and Business Law. She is a member of the University's Online Project Board and is currently completing her LLM at QUT. In a previous existence, Beth was the library manager for two of Australia's largest law firms, where she had a strong commitment to both legal research and technology. Des Stewart BA (Lib. Sci.) AALIA is library services manager at Southern Cross University and is responsible for all client programs of that Library. In his previous position as network services librarian he developed the Library's online law website which trialed and subsequently delivered commercial legal publishers' information via the WWW to off-campus students. End notes
1 Hutchinson, Terry, "Taking up the Discourse: Theory or Praxis", (1995) 11 QUTJ 33
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