Showing posts with label law schools. Show all posts
Showing posts with label law schools. Show all posts

Monday, 9 May 2011

The Law School/University Grant/Bursary Game


The changes to UK university funding are about to unleash myriad unintended consequences that the UK government has no doubt not thought of. Fees and bursaries are meant to go together like horses and carriages.

This was brought home to me when I read an article on US law school grants in the New York Times. Grants for law students in the US are recent. They were considered unnecessary because law students would get high-paying jobs on graduation and therefore could afford to pay off student loans. It was the less-fortunate grad students (eg. those doing sociology PhDs) who needed studentships and fellowships.

Then a stray elephant wandered into the room--a new ranking of law schools by US News and World Report which started in 1987. Commentators such as Bill Henderson and Brian Leiter have railed against the shoddy statistics of the US News rankings but they are now so engrained in the public consciousness and that of university administrations that their influence is overweening.

Law schools now compete and game the system to climb the rankings. Of course money is at stake here.

Two significant variable for US News are college grade-point averages (think A levels) and Law School Admission Test scores. According the NYT 22% of the ranking is determined by these two scores. And this is something schools can control for. How? By offering studentships to talented new students to entice them. It works.

But to take the animal metaphor one step further--there's a fly in the ointment. Law schools make it very, very hard to maintain those studentships. If your law school grade-point average slips, you've had it: you will need to fund your own tuition and at $30,000 or $40,000 a year, that's expensive.

Such is the situation in the US. Why should this be of concern to UK universities and law schools? Under the new funding rules whereby the UK will charge up to £9,000 per year for tuition, government is commanding universities to institute a system of bursaries. (We use the word bursary: I suppose it has the connotation of a religious order about it and therefore isn't really about filthy lucre.) And one can easily foresee tuition rising from here in the near future.

For the moment I'm excluding the fact that UK law students are undergraduates rather than graduate students.

But by stealth the UK is fomenting its own rankings. Two are quite prominent: the Guardian and the Times. For many experienced observers of these rankings they are flawed as are others but nonetheless relied on by parents and offspring. While the top end of the scale appears uncontroversial--apparent not real--it is the middle and lower parts that are trying to establish their identities in the new emerging markets. These university law schools will be chasing students to ensure full classrooms but with an eye on the rankings also.

While our rankings are somewhat less pachydermal than those of the US News, I can foresee a time when they grow in importance and UK universities will be thinking how to game the system. Bursaries are a heavy burden but could be worth the weight if they lead to an improved student entry. Will our students find themselves ensnared by strict requirements as in the US? It's possible.

Job markets for lawyers have shrunk over the last few years although some think they are coming back. Moreover, in several months time alternative business structures for legal services will be coming on line and will be offering more jobs potentially than those of the standard legal profession. The thing is they won't look like "normal" law jobs, but that's not necessarily bad.

However, law students should be reading Alex Aldridge's article on "Five ways to get the best value out of your law degree". It could be essential reading.

And....願你生活在有趣的時代
Share/Bookmark

Wednesday, 20 October 2010

So You Want to Go to Law School



(h/t to Legal Blog Watch)

It's American but it applies elsewhere....

I especially like the statement by the lawyer to the woman (at 3.38), 
"I do not like my Blackberry. I would like to torture it until it begs me to kill it. Do you know I am required to check my Blackberry every 6 hours 24 hours a day...."

Share/Bookmark

Thursday, 30 September 2010

Conviction



Interesting film being shown during London Film Festival week CONVICTION. The film is having a gala screening at the London Film Festival on 15th October and is about one of the first cases of DNA being used as evidence. Hilary Swank plays Betty Ann Waters, a woman who devoted her life to earning a law degree to free her brother, Kenny Waters, from life without parole for a murder he did not commit.
Share/Bookmark

Saturday, 1 May 2010

How Do Law Professors Mark Exams?

At this time of year the law school likes to put out a public information video so that students can understand and appreciate the trials of exam grading. Please watch and learn.



With thanks to LSU and LegalBlogWatch
Share/Bookmark

Sunday, 1 November 2009

Can Legal Education Be Globalized?

(Law School in Buenos Aires. Thanks to FIERnando)

Law is parochial yet it plays a considerable role in globalization. With few exceptions legal education has continued listing towards the local away from the global. Harry Arthurs, along with Carole Silver and Margaret Thornton, is one of the few scholars to investigate globalization and legal education. Arthurs has spent many years thinking about legal education as befits one who has been both Dean of Osgoode Hall Law School and President of York University in Canada and written one of the major reports on legal education. (See Julian Webb’s reflections on the 1983 “Arthurs’ Report”.)

The starting point is that political economy has profound influences on the shaping of legal education via the research agendas of legal academics, types of jobs available for graduates, regulatory structures created by government, licensing of law schools, etc. As economies and legal markets adapt to globalization so does the knowledge it is perceived to need. Law schools like to promote themselves as global either in their names—Jindal Global Law School—or in their courses and faculty.

According to Arthurs there is a deeper level to this: globalization of the mind, which has become an ideology. It infuses our thinking where the transnational trumps the national, markets trump politics and law’s role is to make the world safe for markets. This is the “new normal” and it has consequences. The rule of law is seen to protect economic interests from the state; states will be seen to be of less influence than transnational institutions; local resentments consolidate in supranational bodies like the EU or devolution as in Spain or Canada; and the law is decoupled from the state and the state is decentered. Arthurs foresees a new curriculum which contains not judicial decisions but arbitration awards, not legislation but corporate codes of conduct.

Does legal education have to be this pessimistic? Not according to Arthurs. His example of a successful future legal education is found at McGill Law School in Montreal. McGill has developed a “polyjural or transsystemic” curriculum. The result is that
“individual courses and the curriculum as a whole consciously integrate civil and common law perspectives, domestic and international perspectives, the perspectives of state law and of non-state legal systems, and legal perspectives with those of other disciplines” (at 636).
A former McGill dean said “McGill has always been habited by the conviction that a great deal can be gained...from a sustained and humble dialogue with otherness.” And Jukier, a McGill law professor, notes that the idea of otherness is not to be the same but, through the freeing of law from jurisdiction or systemic boundaries, perspectives multiply and understanding is increased. She contrasts this approach with Justice Scalia’s disdain for foreign cases as meaningless dicta (Lawrence v. Texas, 539 U.S. 558 (2003)). Thus, for McGill, law is unbounded, legal systems interpenetrate or meet resistance, common law is mixed with civil and religious, domestic and international law struggle with each other, and law is found in transactions, discourse, and the quotidian routines of life.

Arthurs argues that such a curriculum is refreshing for legal scholars but how do students fare on such a diet? Since McGill favors unpredictability, students might balk, so let them have what they want. Arthurs says this isn’t so far from what law teachers already do as Scalia indicates. He prefers the approach of niche marketing, however, whereby the law school should try to attract those students who will feel most comfortable in the transsystemic environment. But it presupposes adequate knowledge on the part of the students to make an informed choice. Arthurs favored way is “to engage students in serious conversations which will free them from the tyranny of rules.” It has three principles. One is that students’ own experiences have validity in legal studies. Two is that faculty have to show they value questions more than answers. Three is for students to use their new knowledge to interrogate themselves. And four is to help students understand that their lives will be riven by ambiguity, indeterminacy, and irony.

This is a brave approach for a law school to take. And it challenges the faculty’s preconceptions as much as those of the students. Harry Arthurs is raising the stakes for law schools in that many wish to embrace globalization in some way but don’t necessarily know which is the best approach. Constrained by professional regulation, they might ignore it or introduce one or two courses, or they might reconstitute the entire curriculum as a challenge to conventional wisdom. Perhaps the last great revolution in legal education occurred in 1870 when Christopher Columbus Langdell became dean of Harvard Law School in which case the next one is overdue.

[Harry W. Arthurs, Law and Learning in an Era of Globalization, 10 German Law Journal 629 (2009); CLPE Research Paper 22/2009. (German Law Journal version; SSRN version)]



Share/Bookmark