Towards Designing a Validated Framework for Improved Clinical Legal Education: Empirical Research on Student and Alumni Feedback
DOI:
https://doi.org/10.17159/1727-3781/2020/v23i0a8144Keywords:
Clinical legal education; teaching and learning; empirical data; student and alumni feedback; practical legal training; social justice sensitivity; qualitative and quantitative analysis; module development.Abstract
The pedagogical advantages of employing a Clinical Legal Education (“CLE”) teaching and learning strategy have been acclaimed in literature for almost a century and it continues to be ideally suited to cater to modern education expectations. As an agent for social change, CLE offers law students an effective gateway to participate in, and be influenced by, fundamental social justice problems while it also improves access to justice for the indigent. Though the clinical literature is replete on expected benefits for clinical law students, very little (if any) verifiable empirical research, independently sourced and evaluated, has been published to assess the veracity of these claims in support of CLE. After receiving a funding grant from the University of Stellenbosch Fund for Innovation and Research into Learning and Teaching, the University of Stellenbosch Law Clinic appointed an independent, external agency to conduct empirical research through an extensive measure and evaluation exercise. The aim of the project was to source, document and analyse robust empirical research data about the Faculty of Law’s CLE module, Practical Legal Training 471. The project involved the sourcing and collation of formal student evaluation feedback reports spanning a period of nine years. Additional alumni and current student data were gathered either by online questionnaire or by telephonic interview. The research was aimed at eliciting quantitative as well as qualitative responses.
The purpose of this article is to describe the applicable methodology and aims of the research project, to unpack and discuss the resulting empirical data, and to draw certain conclusions based on the findings of this research about CLE’s impact on law students’ experience specifically relating to their practice-readiness and social justice sensitivities. It is suggested that this research will prove both interesting and useful to law teachers involved in relevant programmes at other higher education institutions. The data and evidence detailed herein will assist them to conduct their research and to make substantiated recommendations for the development of CLE programs on a broader national and international level. This research will also add to the body of knowledge on students and student learning and allow for recommendations regarding the creation of a broader implementation framework for improved CLE.
Downloads
References
Bibliography
Literature
Baker A, Jensen PJ and Kolb DA Conversational Learning: An Experiential Approach to Knowledge Creation (Quorum Westport 2002)
Biggs J "What the Student Does: Teaching for Enhanced Learning" 2012 High Educ Res Dev 39-55
Biggs J and Tang C Teaching for Quality Learning at University 4th ed (SRHE and Open University Press Glasgow 2011)
Bjork RA "Creating Desirable Difficulties to Enhance Learning" in Wallace I and Kirkman I (eds) Best of the Best: Progress (Crown House Carmarthen 2017) 81-85
Bloch F "The Andragogical Basis of Clinical Legal Education" 1982 Vand L Rev 321-353
Boud D and Molloy E "Rethinking Models of Feedback for Learning: The Challenge of Design" 2013 Assess Eval High Educ 698-712
Chemerinsky E "Why not Clinical Education?" 2009 Clin L Rev 35-41
Fry H, Ketteridge S and Marshall S Handbook for Teaching and Learning 3rd ed (Routledge New York 2009) 27-39
Heringa AW Legal Education (Intersentia Cambridge 2013)
Holness D "Improving Access to Justice through Compulsory Student Work at University Law Clinics" 2013 PELJ 328-349
Ivaldi S and Scaratti G "The Formation of Germ Cell for Organizational Learning" 2016 J Workplace Learn 224-244
Laurillard D "The Teacher as Action Researcher: Using Technology to Capture Pedagogic Form‟ 2008 Stud High Educ 139-154
Laurillard D Teaching as a Design Science (Routledge New York 2012)
Le Maistre C and Paré A "Learning in Two Communities: The Challenge for Universities and Workplaces" 2004 J Workplace Learn 44-52
McQuoid-Mason D "Introduction to Clinical Law" in Mahomed SH (ed) Clinical Law in South Africa 3rd ed (LexisNexis Durban 2016) 1-8
Quinot G "Transformative Legal Education" 2012 SALJ 411-433
Rowe M, Bozalek V and Frantz J "Using Google Drive to Facilitate a Blended Approach to Authentic Learning" 2013 Br J Educ Technol 594-606
Shevlin M et al "The Validity of Student Evaluation of Teaching in Higher Education: Love Me, Love My Lectures?" 2000 Assess Eval High Educ 397-405
Stetsenko A "From Relational Ontology to Transformative Activist Stance on Development and Learning: Expanding Vygotsky's (CHAT) Project" 2008 Cult Stud Sci Edu 471-491
Stuckey R et al Best Practices for Legal Education (CLEA Columbia 2007)
Van der Merwe S "A Case Study in Advocating for Expanded Clinical Legal Education: The University of Stellenbosch Module" 2017 Stell LR 679-701
Van der Merwe S "Traversing the South African Emolument Attachment Order Legal Landscape Post 2016: Quo Vadis?" 2019 Stell LR 77-96
Weihrich H 1982 "The TOWS Matrix: A Tool for Situational Analysis" Long Range Planning 54-66
Legislation
Community Service Act of 1990 (42 US Code 12511)
Internet sources
Carnegie Mellon University date unknown Teaching Principles https://www.cmu.edu/teaching/principles/teaching.html accessed 26 March 2020
Cornell Law School date unknown 42 US Code § 12511 Definitions https://www.law.cornell.edu/uscode/text/42/12511 accessed 26 March 2020
Council on Higher Education 2017 National Review of Bachelor of Law (LLB) Programmes 2016 -2017 HEQC Draft Report by LLB Re-accreditation Review Panel http://pmg-assets.s3-website-eu-west-1.amazonaws.com/
RNW975-2017-05-17-Anex-A.pdf accessed 26 March 2020
LinkedIn date unknown Feed https://www.linkedin.com/feed/ accessed 26 March 2020
M&ESURE date unknown Home https://www.mesuresa.co.za/ accessed 26 March 2020
Michigan University date unknown Longitudinal Analysis https://www.icpsr.umich.edu/icpsrweb/sumprog/courses/0025 accessed 26 March 2020
Ramotsho K 2018 Outcomes of the National Review of the LLB Programme Released http://www.derebus.org.za/outcomes-national-review-llb-programme-released/accessed 26 March 2020
Stellenbosch University date unknown Sunsurvey Checkbox https://sunsurveys.sun.ac.za/ accessed 26 March 2020
Stellenbosch University date unknown Dates http://www.sun.ac.za/english/dates accessed 26 March 2020
Governance/services/access-to-information/access-to-information-for-research-and-other-purposes accessed 26 March 2020
Stellenbosch University date unknown About Us http://www.sun.ac.za/english/learning-teaching/ctl/about-us accessed 26 March 2020
Stellenbosch University date unknown Student Feedback http://www.sun.ac.za/english/learning-teaching/ctl/student-feedback accessed 26 March 2020
Stellenbosch University date unknown The Graduate Attributes of Stellenbosch University http://www.sun.ac.za/english/learning-teaching/student-affairs/about/graduate-attributes accessed 26 March 2020
Stellenbosch University date unknown NQF Levels, Notional Hours and Credits: The Definitions http://www.sun.ac.za/english/policy/Documents/
Definitions%20of%20NQF%20levels,%20notional%20hours%20and%20credits.pdf accessed 26 March 2020
Stellenbosch University date unknown Human Research (Humanities) Ethics http://www.sun.ac.za/english/research-innovation/Research-Development/integrity-ethics/human-research-(humanities)-ethics accessed 26 March 2020
Other documents
M&ESURE Practical Legal Training 471 Formal Student Feedback Survey Analysis 2009 – 2017, Alumni Survey and Interview Analysis and Current Student Feedback Survey Analysis (dated 11 June 2018) (reports on file with author)
Published
Issue
Section
License
Copyright (c) 2020 Stephan van der Merwe
This work is licensed under a Creative Commons Attribution 4.0 International License.