European Journal of Legal Education

Volume 2 | 2021

Effective governance in English Universities: a case study of pre- and post-1992 institutions

There is a marked difference in the governance structures of pre- and post-1992 universities in England. Notably, greater academic representation and involvement is evident in pre-1992 universities. By contrast, post-1992 universities more closely adhere to the ‘business model’ of governance endorsed by government commissioned reviews of university governance, with greater lay membership of governing bodies, and an extensive executive team, led by the vice-chancellor. It is submitted that the business model is unsuitable for ensuring effective governance, fails to reflect the core educational function of universities, and marginalises academic input into governance processes. This article aims to critically analyse the legal constitutional framework, and the regulatory framework, within which universities in England operate, and the implications for governance. Specific reference is made to the constitutions of pre-1992 universities and post-1992 universities. This article further considers the regulatory framework under the Office for Students (OfS), including the extensive the powers available to the OfS to intervene in universities, and their approach in exercising those powers. Problems in the regulatory framework’s reliance on self-reporting by universities are examined, in particular, as well as the Code of Governance for Higher Education. This article concludes that the current legal and governance framework is not conducive to effective governance, and makes a number of recommendations for reform.

pp. 5-46 · ArticleOpen accessRead

Do we need to use a Best Appropriate Technology standard for Technology Enhanced Learning in legal education?

Simon Sneddon

This paper identifies that technology is often used in an educational context for non-pedagogical reasons. These reasons include the novelty factor, a drive for more and continual innovation, cost saving and the belief that technology is the solution to all the education world’s ills. The paper then identifies a new approach which could be used to model the Best Appropriate Technology for any given task, and outlines a worked example of the model. The conclusion is that this model, and an accompanying database, have the potential to be of great use across Legal Education in specific circumstances, as well as the HE Sector more widely.

pp. 47-73 · ArticleOpen accessRead

Independence of Mind: moral reasoning and judgment in legal education

Bald de Vries

This article has as its central question how we can teach our students what judicial independence (at the individual level) means in practice and how we can teach them in developing an independent mind as a lawyer, with a sovereign voice. In doing so, the article explores the idea that law is about making decisions, referring to the work of Jerome Frank and Paul Scholten. This legal theoretical context allows me to introduce three important factors that we have to bear in mind if we seek to foster an education that prepares students for professional life: education as a means of coming into the world, education as a means of suspending judgement and education as a means of moral reasoning. Each are worked out. In the end, the strength of legal education lies in teaching our students legal consciousness: the ability to make judgments, forming opinions, taking a stance, acquire courage, and the responsibility that comes with it.

pp. 75-97 · ArticleOpen accessRead

Customer Value Theory and Dispute Resolution Strategy

Alex Nicholson

Legal education within common law jurisdictions traditionally prioritises doctrinal and adversarial approaches. There is a strong emphasis on case law and statutory materials, which students are required (often from memory) to critically apply in order to identify and articulate solutions to complex legal problems. However, following significant changes to the legal and higher education sectors in recent years, there are now growing calls for such approaches to be supplemented by fresh perspectives which can prepare law graduates more fully for modern professional life, whether they ultimately go on to practise law or not. This paper presents the findings of an interdisciplinary, theoretical study which explored the application of customer value theory to modern dispute resolution strategy in a private law context. It is argued that customer value theory: (1) offers explanatory insight into the nature of dispute resolution strategy itself; and (2) has significant potential to enhance the effectiveness of such strategies in a given context. Accordingly, it is further argued that the inclusion of this and similar perspectives within the modern law degree would complement its longstanding and important doctrinal content and enhance the employability value of such programmes.

pp. 99-127 · ArticleOpen accessRead

Mapping Motivations: self-determination theory and clinical tax education

Michal Chodorowski; Amy Lawton; David Massey

The North West Tax Clinic is the first, student-led tax clinic in the UK. During its pilot between January and March 2020 the clinic experienced highs and lows in terms of the number of clients accessing the service. This paper, in co-authorship with one of the student volunteers, serves to present a co-reflection that maps out motivation onto the timeline of the clinic pilot. To do so, this paper draws on Self Determination Theory and student surveys to explore how the North West Tax Clinic encouraged autonomy, relatedness and competence. It is argued that where the events of the pilot failed to encourage these three, key psychological needs, both students and teachers were less motivated and engaged with the project.

pp. 129-159 · ArticleOpen accessRead