New Article: Computer-aided qualitative data analysis of social media … in legaled

RALT_COVER_50-01.inddComputer-aided qualitative data analysis of social media for teachers and students in legal education

I am grateful that my article was included in a special edition of The Law Teacher, edited by Professor Paul Maharg.

The article addresses a new field for legal education researchers. It describes and discusses emergent methods for computer-aided qualitative data analysis of social media in legal education. You find the article here.


Concept Mapping Lave & Wenger’s ‘Legitimate Peripheral Participation’

I recently revisited Jean Lave and Etienne Wenger’s canonical work, Situated Learning: Legitimate Peripheral Participation (1991, Cambridge: Cambridge University Press). I am glad I did, because I had forgotten how Lave and Wenger’s theory of “legitimate peripheral participation” might intersect with the sociological dimensions of my research regarding PLT practitioners’ engagement with scholarship of teaching and learning.

For now, I might let the “exhibit speak for itself”. Click on the image for an enlarged view of the concept map. Click here, for a dynamic Prezi version.

Lave and Wenger Legitimate Peripheral Participation


What I’m talking about at #ALTA2014 next week

alta2014Next week, at #ALTA2014, I will talk about how PLT is “enclosed” by discursive operations that constrain scholarly activities of PLT practitioners around their teaching and learning work. I suspect this constraint impedes theory and practice about “practice”, in legal professional education and training.

I question ways in which social structures are inscribed into legal education practices, and conversely, whether practices can modify those structures. I argue PLT practitioners are not simply soldiers for a “vocationalist” strategy. Instead, I re-imagine PLT practitioners as “double agents” or “resistance fighters”, lamplighters in a still emergent professional trajectory. It is a trajectory catalysed by the 1970s introduction of institutional PLT; just a baby really, in the context of English common law.

In Bourdieu’s terms it is possible, by revisiting past struggles in Australian legal education, to conceptualise institutional PLT as the product of judicial, professional, and academic struggles to produce a vocationalised, non-academic, and critique-free sub-field within the juridical field. Those struggles succeeded, to some extent, in the extra-individual dimension of structures, regulation, and institutions, to collectively inculcate preferred dispositions within individuals about legal education and professional identity.

That account, however, ignores the potential for agency and alterity – the ways in which individuals might appropriate, in Certeau’s terms, the resources of the legal field to explore new professional trajectories. For some, these trajectories involve struggles to enrich, and add texture to, legal education. Drawing on interviews with PLT practitioners, I identify multi-vocal and multi-perspectival themes, including notions of social justice, equality, professional ethics, personal improvement, and indeed, interest in scholarship of teaching and learning.

It is in this sense I re-imagine PLT practitioners as “double agents”, operating betwixt and between dominant domains in law. In my view, PLT practitioners can participate in conceptualising and developing emergent approaches in legal education, and to theorise “practice” as lawyers and educators. Scholarship of teaching and learning has its part to play in this. It provides a means, as lawyers and as educators, to discover information, to reflect, critique, communicate, and conceptualise, insights about “practice” and practices.


Retreat! Writing and Reflection by the Surf Coast

Warrnambool This week I am spending four days in retreat at Deakin University’s Warrnambool City Centre with 20 other PhD candidates and academics, led by Professor Trevor Gale. The group, known as “The Warrnambool Collective”, meets at least annually to focus on writing and research around “practice”. Most, not all, who attend are affiliated with Arts and Education. Each day begins at 9.00 a.m. with a “shut up and write” session that runs until we break for lunch at 1.00 p.m. After lunch there are streamed and plenary sessions, presentations, and discussions until 5.00 p.m. I am very fortunate to be included in this event (prompted by my thesis supervisor, Dr Julianne Lynch), and this year is my second visit to the retreat.

As a full-time PhD candidate, I’ve spent much of the last two years researching and writing alone. Indeed, over the last 15 years I’ve engaged in study of some sort, and I’ve become accustomed to the solitary nature of the work, with brief intense interactions at conferences or seminars. One of the things striking for me about the retreat is how the solidarity of quiet collective writing, the awareness of minds and bodies around you engaged in constructing and reflecting on texts, comforts, succours and encourages me. I am reminded that I am not alone, that I’m part of a larger quest. By itself, this activity is a powerful product of the retreat.

The afternoon sessions include presentations by PhD candidates about their work (at different stages of candidature), provide multi-perspectival insights about how individuals grapple with, and resolve, theoretical and methodological issues. The senior academics are supportive and constructively critical, with a focus on problem-solving and knowledge-sharing. Chaired discussions on topics as simple as “how do you keep up with the literature?”, “how do we conceptualise “practice””, lift the lid on privately-held innovative practices and ideas that are sometimes startling in their simplicity, but substantially effective. The chance mention of a theorist, an article, a concept can catalyse fresh insights, fresh directions.

It is, as Trevor remarked on Day 1, an enormous privilege to have time, funding and personnel allocated to the retreat. And it pays off, with a review of the previous year’s event noting manifold conference papers, journal articles or book chapters commenced, advanced or completed during the retreat. As far as I am aware few, if any, retreats like this exists for those engaged in practical legal training or professional legal education in Australia.* I think this is a great pity. We need reflective and creative spaces within the field, not just “professional development” activities.

Sincere thanks to Deakin University and all involved for making this event possible.

* If you’re involved with such an event, invite me!



“Digital Literacy” in #legaled, begins here?

There is an ongoing discussion about digital technologies in education and practice – in legal education, practical legal training and professional practice. It is a discussion that recasts itself from time to time, e.g. as “digital literacy”. My interest in this area involves a couple of prisms – academic and professional legal education, professional and individual practices. I studied flexible, online and distance education (“FODE”) as a subject back in 2009 as part of my Masters in Professional Education and Training at Deakin University. In the context of some recent discussions, e.g. Kate Galloway’s posts at the Curl blog, I reviewed my notes from 2009 and put these online via a YouTube video. (More after the video)

I’m focusing on teaching and learning here, whereas the digital literacy debate is broader, and includes issues such as the legal profession’s engagement with digital technologies in practice. I would argue, however, that some attitudes about digital literacy begin in the formative stages of legal education, and the assumptions of regulators who accredit and approve courses. These notes date from 2009, but some issues are durable. I’ll mention a few of these here.

“Interactions” – some commentators seem to conceptualise FODE interactions as wholly online interactions. Interactions in teaching and learning are important, and there appears to be some anxiety about the nature and quality of interactions in #legaled. See, for example the Roper Report [1] and Gaye Lansdell’s publications on this [2][3]. “Online-ness” is treated as antithetical in #legaled, and particularly in PLT. What is often overlooked is the “blended” nature of existing courses, i.e. a blend of face-to-face and online interactions, and in PLT the work experience and reflective component of the courses. I recall attending a final plenary session at the 2012 APLEC conference in Hobart, in which the panel was manifestly disengaged from the existence of blended learning with FODE as one (multi-dimensional) tool in the instructional design toolbox. The sector suffers from a lack of local empirical research concerning interactions in FODE and teaching and learning in legal education and PLT. We need this research to inform regulators and educators. Also, as the video mentions, FODE and non-FODE “interactions” occur across many dimensions. Interactions are important, and a holistic approach is necessary for effective teaching and learning. This includes recognition of a reflexive-dialectical dimension for interactions, involving reflections in individual and extra-individual aspects of teaching and learning.

“Enablement” and “Social Justice” – FODE has the capacity to overcome restrictions in time and space, and to provide alternative means of communication and engagement. This capacity potentially enables individuals, who might otherwise be denied equal opportunity, to engage in legal education and training. I have personal experience of this as a deaf person, but I’m not just talking about disability. In Australia, overcoming the “tyranny of distance” remains an issue for rural and regional areas. Information and communications technology is increasingly affordable across socio-economic levels. I believe the legal profession would be the better for diversity in its membership – and the equity and parity of opportunity that FODE can contribute in legal education plays its part in this.

“Flexibility and Overload” – It is a double-edged sword. Flexibility can offer equity and parity in opportunities, but there are some institutional and individual issues on the teaching side of things. There seems to me to be a widespread mistaken belief that FODE is a cheap business model. Well, it is, if you’re not really concerned about whether your teaching and learning model is effective and satisfactory. If you do care, then FODE takes substantial investment of planning, funding, time and personnel to realise  good outcomes. There seems to be an increasing tendency of institutions to casualise teaching positions in FODE environments, to use practitioners without adequate training in teaching and learning theory and practice and/or FODE technologies. That tendency, together with inadequate planning or instructional design, undermines the effectiveness of FODE. Also, I believe it places an unfair burden on teachers, particularly those who really care about their effectiveness, because they must often compensate for inadequacies in planning, design and training by contributing substantial hours of unpaid work.

“Industrialisation” of #legaled – Otto Peters [4][5] foresaw a situation where industrialised education would involve employing less-qualified instructors to “deliver” instruction to learners, with qualified personnel reserved for planning and policy. If teaching and learning was like the mass production of widgets (“work-ready lawyers”), the industrialised model might work okay. But I contend it isn’t, and it doesn’t. I mentioned above the reflexive-dialectical aspects of teaching and learning. Part of this involves thinking about the teachers and practical legal training practitioners. Individuals with substantial intellectual and practical expertise have self actualisation needs that should be considered, if they are to thrive and remain motivated.[6] To neglect this consideration disrespects and undermines those individuals. This aspect can communicate itself to learners, who might under-rate the relevance and importance of the teaching and so, in turn, undermine the learners’ motivation to engage with learning.

“thinking” – I am an “early adopter” of technologies, and personally believe FODE has enormous potential. I argue that it is important, however, to remember that technologies are extensions or enablers of action. They do not substitute for intellectual engagement, critical thinking, methodologies or planning, on which they depend.

[1] Christopher Roper, ‘Standards for Approving Practical Legal Training Courses and Providers’ (Victoria Council of Legal Education, 2008).
[2] Gaye Lansdell, Have We Forsaken Quality and Professionalism for Technological Convenience in the Training of Lawyers in the 21st Century? The ‘Flexible Learning’Paradigm (2010).
[3] Gaye T Lansdell, ‘Have We ‘Pushed the Boat Out Too Far’ in Providing Online Practical Legal Training? A Guide to Best Practices for Future Programs’ (2009) 19(1 & 2) Legal Education Review 149.
[4] Otto Peters, 1969, ‘New Perspectives in Correspondence Study in Europe’, paper presented to 8th conference of the International Council on Correspondence Education, Paris, May 1969, <>.
[5] Otto Peters, ‘Distance education and industrial production: a comparative interpretation in outine’ in D Stewart, D Keegan and B Holmberg (eds), Distance Education: International Perspectives (1983) 95.
[6] Abraham Harold Maslow, ‘A theory of human motivation’ (1943) 50(4) Psychological Review 370.


Michel Pistone and Beryl Blaustone on Motivation

This is a lovely six minute video produced by Professors Michel Pistone (Villanova University School of Law) and Beryl Blaustone (CUNY Law School) regarding extrinsic and intrinsic factors in motivation and learning. In essence, extrinsic factors (e.g. rewards) are said to be useful for motivating rote learning, whereas intrinsic factors (autonomy, mastery, purpose) motivate creative thinking and problem solving skills, but do watch the video for yourself…

Motivating 21st Century Law Students from Michele Pistone on Vimeo.


“Forks of Law” at #britsoc14 BSA annual conference

I will present at Roundtable Session 29 (Sports Hall 2) on Friday 25 April at the British Sociological Association annual conference at Leeds University. The images below are from my introductory handout.

BSA handout p. 1
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BSA handout p. 2
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BSA handout p. 3
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Symposium – Doing Cultural Studies: Interrogating Practice

doing cultural theoryI am pleased I will be attending and presenting at the “Doing Cultural Studies: Interrogating Practice” intermezzo symposium at Swinburne University of Technology on 3 December 2013. This will be a great opportunity to gain some interdisciplinary insights about culture and practice from emerging scholars in this area. The abstract for my proposed presentation is here.