Reflection, Reflective Practice and Legal Education Annotated Resource List
Global Alliance for Justice Education July 2011
(a work in progress) McGill citation style – contact leeringm@lao.on.ca for updates
Articles and Books
Jane Harris Aiken, “Striving to Teach ’Justice, Fairness and Morality’” (1998) 4:1
Clin. L. Rev. 1.
Responding to the 1992 American Bar Association’s MacCrate report on legal education,
Aiken explores how “striving to promote justice, fairness and morality”, one of the four
fundamental values of the legal profession, can be taught. Aiken explains how
transformational learning theory as developed by Mezirow (1990) provides insight into
how this might be accomplished. This article largely focuses on how to maximize and
facilitate student reflection so that critical consciousness is enhanced, principally by
debriefing the “disorienting moment” (a form of cognitive dissonance) both in the
classroom and in clinical education to ensure it does not become a “confirming moment”
to reinforce student assumption, prejudices and privilege. Other strategies include using
personal “slips of privilege” to raise this uncomfortable topic in the classroom, asking
students to keep journals to reflect on their experiences and to surface value conflicts,
and providing a variety of “first-hand experiences” are other strategies to expose
students to the disorienting impact of injustice.
Filippa Marullo Anzalone, “It All Begins With You: Improving Law School Learning
Through Professional Self-Awareness and Critical Reflection” (2000) 24 Hamline
L. Rev. 325.
Advocating for faculty to become self-reflective practitioners, this professor writes about
her own journey to improving her teaching practice through critical self-reflection, which
includes understanding one’s own learning style and personality, identifying and testing
assumptions about one’s teaching, and teaching authentically. By observing faculty
modeling their own reflective practice as teaching professionals, students will also learn
how to become reflective practitioners as lawyers - moving through stages of
development from being novices to professionals as a life long learner. Critical
pedagogy, reflective practice, and adult learning theory are examined as three
intellectual traditions that support critical reflection. Reflective practice can be
undertaken communally with peers, through faculty workshops, conferences, informal
brown bag lunches, and other methods of encouraging dialogue.
Ken Bain, What the Best College Teachers Do (Cambridge, Massachusetts:
Harvard University Press, 2004).
Several faculty interviewed for the Encouraging Reflective Practice in a Professional
School research project recommended this text as contributing to the development of
their reflective practice as educators. Creating a natural critical learning environment is
key, which can include a wide variety of different approaches but ensures that students
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are both challenged and given permission to “tackle authentic and intriguing questions
and tasks, to make decisions, defend their choices, to come up short, to receive
feedback on their efforts, and to try again.” (p.100) Five essential elements that support
a natural critical learning environment are described.
Gillie Bolton, Reflective practice: Writing & Professional Development, 2d ed.
(Thousand Oaks, California: Sage, 2005).
Promoting reflective practice and reflexivity as a pedagogical approach that “pervades
the curriculum,” this author recommends reflective writing strategies to take us out of our
“own narrow range of experience and help us to perceive experiences from a range of
viewpoints and potential scenarios.” As a professional development activity, it “needs to
be rooted in the public and the political as well as the private and the personal.” Useful
chapters include information on how to begin writing with a large number of examples
and useful exercises, and how to keep a learning journal. This book explores different
genres such as reflective autobiography, story and fable, and poetry. Methods for group
process and facilitation are described to ensure that learning from one’s peers becomes
part of developing a reflective practice.
David Boud, Rosemary Keogh & David Walker, eds., Reflection: Turning
Experience into Learning (New York: Kogan Page Ltd., 1985).
The opening chapter on this seminal collection of writings on the importance of learning
from experience through the skill of reflection emphasizes three key points: only learners
can reflect; reflection must be done with intent, and; reflection is a complex process in
which “both feelings and cognition are closely interrelated and interactive.” (p. 11).
Furthermore, the editors describe the three most important elements of the reflective
process as: returning to the experience, attending to feelings, and re-evaluating the
experience.” (p. 21) This book examines the role of reflection in learning and provides
ideas about how to facilitate reflection. It explores reflection not just as a solo activity but
also as a group experience. Various authors contribute techniques such as
autobiographical writing, portfolio workbooks, debriefing techniques, engaging in one-toone listening, reflecting on one’s own learning preferences and strengths to develop
learning skills, learning conversations and repertory grids, co-operative inquiry, action
research, and reflection as a political act.
Anne Brockbank & Ian McGill, Facilitating Reflective Learning in Higher
Education, (Buckingham, England: Society for Research into Higher Education &
Open University Press, 1998).
Advocating for critically reflective learning through facilitating reflective dialogue, these
authors build their theoretical premise through a critical examination of philosophies,
review of learning theories and models of education. The “banking” method of education
is criticized as being inadequate for higher education and a preference for the merits of
“transformatory” and transformational learning is expressed. Reflection encourages
deeper levels of learning, particularly when the difference between “single” and “double
loop” learning is understood. Schön’s (1983) original conception of reflective practice is
enriched by exploring Barnett’s (1997) writings about the importance of critical and selfreflection to reflective practice. A useful collection of exercises to develop both faculty
and student capacity for reflective dialogue are described. These include facilitating
workshops using reflective dialogue, understanding the promise and limitations of
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different types of questioning techniques, and using Johari Windows (Luft, 1984) to
uncover blind spots. Assessment issues are discussed
Stephen D. Brookfield, Becoming a Critically Reflective Teacher (San Francisco:
Jossey-Bass, 1995).
This book builds upon many of the insights offered in The Skillful Teacher and
underscores that critical reflection is crucial to good teaching. Brookfield argues that to
best become aware of the assumptions that underlie our perceptions - we must view our
practices from different perspectives. Seeing how we think and work through different
lenses is the core process of reflective practice. Brookfield states that this process
occurs when teachers discover and examine their assumptions by viewing their practice
through four distinct yet interconnected lenses: autobiographical reflection, students
eyes, colleagues' perceptions and experiences, as well as through the lens of literature.
Exercises are provided including reflective questions, learning audits, and creating role
model profiles.
Stephen D. Brookfield, The Skillful Teacher: On Technique, Trust, and
Responsiveness in the Classroom (San Francisco: Jossey Bass, 2006).
Written for teachers in higher and adult education, this pragmatic and accessible text
provides a broad range of advice about how to “teach.” The author emphasizes the
importance of understanding yourself, your working philosophy and learning style,
provides models for delivering curriculum, suggests how to assess and reflect on the
suitability of your teaching methods, advocates for being learner-centred, and gives
examples of how to evaluate students’ work constructively. A particularly useful chapter
highlights how to respond and understand the emotions of learning with keen
observations on helping students deal with feeling like an imposter, risking cultural
suicide, lost innocence and the “intellectual anxiety attack”, and road-running (the feeling
of regression rather than learning). He also shares thoughts on how to survive politically
and emotionally in institutions. He stresses the importance of being authentic and
credible.
It is written in a conversational and highly readable style, but is logically presented and
provides academic references for key assertions and theory. Some of the useful
contributions include practical exercises to engage students, as well as checklists of
questions to promote discussion in the classroom, complete with suggested dialogue to
get these ideas across. Of special interest are the “one-minute paper”, “muddiest point”
exercise to clarify what students did not understand, the learning audit, student learning
journal questions, and Critical Incident questionnaires.
Stephen D. Brookfield, Stephen Preskill, Discussion as a Way of Teaching: Tools
and Techniques for Democratic Classrooms, 2nd ed. (San Francisco: JosseyBass, 2005)
Replete with discussion techniques to support reflection and critical thinking, this
pragmatic text also includes chapters on dealing with cultural diversity and gender
differences, and how to facilitate on-line dialogue. Excellent resources include a
provocative Course Evaluation Form (pp. 283-284) and reflective questions for the
teacher who is concerned about student engagement. Keeping discussions going
through the use of creative groupings, taking on different conversational roles, and using
drama and visual representations are a few of the approaches described.
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Andrea Chisholm, “Is There Room for Spirituality in Canadian Legal Education
and Practice?” (2010) 23:1 Encounter: Education for Meaning and Social Justice 1.
Suggesting that law students would benefit from an integration of spirituality and spiritual
issues into legal education, Chisholm counsels the use of personal narratives to develop
professional and personal meaning, and provides a number of reflective questions for
faculty and students who wish to re-imagine the law as a healing profession, or
alternatively, to develop their spiritual intelligence (SQ) (referring to questions to assess
SQ developed by Zohar & Marshall, 2000). Commending the humanizing virtues of the
Comprehensive Law movement as identified by Susan Daicoff, ten emerging “vectors” of
legal practice are briefly surveyed. Introducing students to these new vectors could
contribute to a more holistic and inviting vision for the future of the legal profession.
Proposing that students share and reflect in an ongoing way their reasons for being at
law school, continually discussing of ethical issues and challenges, and helping students
to surface the conflicts between their underlying values and those of the profession, are
all methods to help integrate spiritual values while developing legal professionalism.
Gregory F. Coffey & Maureen C. Kessler, The Reflective Counselor: Daily
Meditations for Lawyers (Chicago: ABA Publishing, 2008).
To quote the book’s introduction ... “This book, structured as a series of daily
meditations, is intended to re-engage the enthusiasm and the “moral imagination” of the
legal professional by encouraging self-reflection, a re-identification with personal values
and beliefs, and a thoughtful evaluation of certain commonly held attitudes and
behaviours associated with current day lawyering. Guidance is also provided for the
development and integration of certain energizing attitudes and practices that can
enhance the healing, wholeness, and growth of the individual legal professional, which,
in turn, will have concomitant benefit for the legal profession and society as a whole.”
(p.vi)
Patricia Cranton, Becoming an Authentic Teacher in Higher Education (Florida:
Kriefer, 2001).
This book offers several case studies, stories and exercises aimed at leading teachers
through the various facets of authenticity. These practices include understanding one’s
Self, integrating Self and Teacher, and relating to students and working in a social
context. Cranton guides a teacher through understanding his/her Self and encourages
understanding the impact of one’s own stories and experiences in constructing one’s
teaching style. Useful exercises are provided, replete with reflective questions. She
advocates for personal growth through transformational learning, particularly through
discourse with others, as well as through encouraging the questioning of “habits of mind”
about teaching, which she categorizes as sociolinguistic, epistemic, psychological, moral
or ethical, and philosophical.
Patricia Cranton, Understanding and Promoting Transformative Learning: A Guide
for Educators of Adults (San Francisco: Jossey-Bass, 2006).
Cranton explains transformative learning theory, describing the process from the
learner's perspective, explores individual differences in transformative learning, presents
strategies for fostering transformative learning, and discusses how adult educators
themselves are transformative learners. This book also discusses new theoretical
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developments including the role of imagination and spirituality in transformation, the
importance of affect in the process, the idea of connected knowing, contributions from
critical theory, and a holistic model of transformative learning.
Kim Diana Connolly, “Mirror, Mirror: Using Non-Traditional Reflective Exercises”
(2001) The Law Teacher (Fall 2001).
Supplemental to more traditional reflective exercises, non-traditional reflective exercises
are briefly described and included a crayon and paper exercise, an innovative or
experimental writing exercise to reflect on first client interviews, and group drawing.
James R. Elkins, “Writing Our Lives: Making Introspective Writing a Part of Legal
Education” (1993) 29:1 Willamette L. Rev. 45.
A frank description of a professor’s rationale and experience with requiring reflective and
introspective journaling as a course requirement. The experience affected him deeply
and also made him a critic of then-existing forms of legal education.
Leona M. English & Marie A. Gillen, eds., Promoting Journal Writing In Adult
Education, no. 90 (San Francisco: Jossey Bass, 2001).
This collection of chapters about journal writing as an effective tool to encourage for
adult learning includes a brief literature review. It canvasses issues including different
purposes and styles of reflective journals, journal writing as a method for encouraging
reflective practice, its usefulness for supporting learning and research (including action
research) in higher education, and ethical and assessment issues. It also discusses the
importance of developing a personal code of ethics and a personal philosophy of
practice.
Leona M. English, ed., International Encyclopedia of Adult Education (New York:
Palgrave, 2005).
An important digest about adult education with contributions from leaders in the field
provides an excellent starting point for further research into history, theory and practice
of adult education. The Glossary of terms, tools, concepts and methods related to
reflective practice was partially paraphrased from this book.
David Hall, The Spiritual Revitalization of the Legal Profession (Lewiston, New
York: The Edwin Mellon Press, 2005).
This intriguing book arises from this Northeastern University law professor’s life-long
commitment to examining issues of spirituality and the law, and explores issues not
often mentioned in traditional legal education. A joint project with a private bar firm
fostering professional fulfillment and leadership eventually led to a course on “values
and spiritual growth in the study and practice of law.” Two law professors, twenty
students and three firm partners participated in activities that included developing a
mission statement for the legal profession, personal mission statements, reflective
journaling, and a weekend retreat with guided exercises. Hall advocates for a law school
learning objective to foster “the deep appreciation of the power of change, and instruct
them on how to facilitate transformation in their lives and in the lives of those they will
serve.” (p. 226) He briefly examines holistic forms of legal practice such as
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collaborative law, therapeutic jurisprudence, contemplative mind practices, and
restorative justice.
Veronica Henderson, “Building on Strong Foundations: Rethinking Legal
Education with the View to Improving Curricular Quality” (2006) 29 Dalhousie L.J.
492.
This former University of Toronto student writes about the need for curriculum change to
increase client understanding, comprehension of the law in context, understanding of the
role of actors in the justice system, and encourage self-knowledge through allowing for
more identification of strengths and weaknesses with respect to legal skills, stress
management, and dismantling stereotypes.
Gerald F. Hess, “Learning to Think Like a Teacher: Reflective Journals for Legal
Educators” (2002-2003) 38 Gonz. L. Rev. 129.
Reviewing key literature about the importance of reflection, including the possible levels
of reflection, Hess writes about his own journey to learn about how to cultivate a habit of
self-reflection. Potential benefits include “increasing self-awareness, developing a
teaching rationale, making informed change, and integrating personal and professional
life.” On the other hand pitfalls are that it can “challenge teacher confidence, overwhelm
teachers with complexity, and frustrate them with the slow pace of change” (p. 135). He
addresses the advantages (e.g. creates a habit of reflection, records events and ideas,
helps plan instruction, analyzes assumptions, critical self-reflection and evaluation,
contributes to life-long learning) and difficulties of reflective journals. He notes that
reflection can also be supported by developing teaching portfolios, reviewing critical
literature, viewing videotapes of one’s self, exploring metaphors, and creating a
“statement of beliefs and assumptions about teaching and learning.” (p.139) A sampling
of reflective questions is provided to guide journaling compiled from Brookfield, Palmer,
Van Manen, Weisberg, and Wilcox.
Karen Hinett, Developing Reflective Practice in Legal Education (Warwick:
Warwick Printing Press, 2002).
Hinnett is employed by the UK Centre for Legal Education (founded in 2000); their
website is a portal to a wealth of information about legal education. This descriptive
paper about reflective practice in legal education introduces the concept of improving
practice and wedding theory and practice through the use of reflection, and endorses a
reflective practice model built on Schön’s concept. Reflection creates a learning cycle
that helps students to understand what they already know, to identify what they need to
know, make sense of new information and guide choices for further learning. Reflective
practice helps students provide evidence of their reflection. Tools can include a learning
log, diary, personal development portfolio, critical incident journal or video diary.
Examples of actual teaching practices to encourage student reflection are provided
including self and peer assessment, problem-based learning, and portfolios. A reflective
activity matrix helps evaluate which techniques might be most appropriately incorporated
into a course.
The Centre sponsors annual conferences for faculty on legal education with broadranging themes, supporting and advocating for research into teaching pedagogy and the
importance of socio-legal research. This resource is available on-line at
http://www.ukcle.ac.uk/resources/reflection/drp.pdf.
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Bill Ong Hing. “Raising Personal Identification Issues of Class, Race, Ethnicity,
Gender, Sexual Orientation, Physical Disability, and Age in Lawyering Courses”,
1992-1993 45 Stan. L. Rev. 1807.
In training his students to become more effective community lawyers, Hing ensures that
they reflect on their personal identification differences using a number of methods
including group interviewing to elicit personal biographies, developing plans for learning
about a new, unfamiliar community, critical literature, viewing and critiquing video
interviews, and experiential learning opportunities. Additional strategies used include
keeping a reflective journal, using news events, encouraging students to self-critique,
using collaborative learning activities, responding immediately to disparaging remarks,
and clarifying student understanding through active listening and restating.
Shin Imai, “A Counter-Pedagogy for Social Justice: Core Skills for CommunityBased Lawyering” (2002) 9 Clinical L. Rev. 195.
Social justice lawyering work requires a different set of skills and knowledge than is
learned in the traditional law school classroom. To successfully undertake community
lawyering, pedagogical methods must be consistent with the required skill development.
For example, one cannot teach “collaboration” successfully without the direct experience
of collaboration taking place in the classroom and amongst the students. To facilitate
this experience, exercises to build community are described. A variety of activities to
help students become more self aware and reflective about personal identity, race
issues, and sensitivity to community perspectives (unpacking assumptions) to improve
their future practice are also provided. Strategies to deal with the important and often
neglected emotional dimensions of social justice work are also delineated.
Colin James, “Seeing Things As We Are: Emotional Intelligence and Clinical Legal
Education” (2005) 8 Int’l J. Clinical Legal Educ. 123.
Advocating that cultivating emotional intelligence should be an essential aspect of
clinical legal education, the author’s arguments are equally as valid for traditional legal
education. Pointing out the importance of student reflection for developing the selfawareness that underlies emotional intelligence, James suggests several methods to
enhance reflection, including discussing the purposes of reflection, the use of reflective
silence, peer sharing, identifying cognitive dissonance (experiences or knowledge that
tests a student’s existing reality constructs), journal keeping, mind-mapping (graphic
representation of ideas), practicing mindfulness, developing skills in empathy through
role plays, and mentoring.
Steven Keeva, Transforming Practices: Finding Joy and Satisfaction in the Legal
Life (New York: McGraw Hill, 1999).
This book by a former American Bar Association journalist chronicles innovative
developments and approaches being taken by lawyers to transform the practice of law.
The chapter entitled “Legal education at the threshold” explores how some faculty at
American law schools are developing curriculum to enrich and deepen legal education
through encouraging reflective practices. Techniques have included guided retreats,
journal writing, and a course called “The Reflective Lawyer: Peace Training for Lawyers”
which “offers students permission to integrate spiritual and professional values” and
exposure to contemplative practices and wisdom traditions.
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Elizabeth Anne Kinsella, “Reflections on Reflective Practice” (2001) 68 Canadian
Journal of Occupational Therapy 195.
There is less academic writing and a dearth of spirited discussions about reflective
practice in legal education compared to other professional disciplines such as medicine
and health, teaching or social work. Kinsella is a University of Western Ontario
professor and a renowned expert and prolific author on the subject of reflective practice.
This straightforward and concise article directed at occupational therapists simply and
clearly elucidates the importance and promise of reflective practice, and concludes with
recommending ten actions for reflective practitioners. Kinsella recently co-organized a
major inaugural national conference for reflective practice for health professionals
(http://www.reflectivepractice.ca/). She also led the initiative to develop an on-line training
course in reflective practice for students in the health professions who were beginning
practicums that is referenced below with the web resources (http://www.preceptor.ca).
Kenneth R. Kreiling, “Clinical Education and Lawyer Competency: The Process of
Learning to Learn from Experience through Properly Structured Clinical
Supervision” (1981) 40 Md. L. Rev. 284.
Although this article is quite old, it is very useful because (even though it predates
Schön’s (1983) coining of the term reflective practice, and Boud et al’s (1985) book on
the critical role of reflection on experience to lead to learning), Kreiling shares important
insights into the importance of teaching students how to learn from their experience. He
explicitly names the importance of reflection and the need to develop “theories of
action”—being able to articulate how a problem should be solved. Citing Schön and
Argyris (1974), he notes that to assess the effectiveness of professional behaviour, a
professional must be able to test her/his articulated “espoused theory” against what s/he
actually does or “theory in use”. This is a critical skill for a reflective practitioner. An
excellent graphic helps to explain these complicated concepts.
Lawrence S. Krieger, “What We’re not Telling Law Students- and Lawyers- That
They Really Need to Know: Some Thoughts-in-Action Toward Revitalizing the
Profession From its Roots,” (1998-1999) 13 J.L. & Health 1.
This influential article is often quoted for its extensive statistics about the unhappiness,
compromised mental health, and rate of addiction of members of the legal profession
and, in particular, law students. Practical suggestions for providing antidotes to the
dehumanizing impact of legal education are provided, including for example, the law
professor’s active role in surfacing these issues, even in the first year of law school.
One of the techniques he describes involves using a “word game” (de-moralized, discour-aging, and dis-heart-ening, for example) to raise awareness.
Krieger questions whether the “dissatisfaction, distress, and lack of decent behavior
among attorneys (can) be understood, in essence, as manifestations of our collective
inability to grow beyond immature levels of psychological functioning” (p. 5). He notes
that Abraham Maslow’s theory of human motivation and hierarchy of human needs
describes these as “lower needs”. He contrasts these to the higher needs of selfesteem, self-expression and self-actualization that lead to greater human fulfillment.
These higher needs, in his view, can be equated with the highest ideals of
professionalism and ethical conduct. To assist students to reflect and to foster
psychological maturity, he explains Maslow’s hierarchy, encouraging self-assessment
against its stages and then uses graphic illustrations to illustrate the importance of
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nurturing the higher needs. The use of a daily journal to develop a sense of selfappreciation is recommended, and as a tool for reflection on the realities of practice
during intense externships. He also uses screening questions to help students selfidentify the emergence of addictive behaviours, and recommends self-investigative
programs including meditation. His pamphlet for students The Hidden Sources of Law
School Stress is an excellent discussion starter. A more recent article Human Nature As
a New Guiding Philosophy for Legal Education and the Profession in (2008) 47:2
Washburn Law Journal 247 continues his analysis, encouraging faculty reflection and
self-awareness and modeling of personal authenticity.
Julie Macfarlane, “Assessing the “Reflective Practitioner: Pedagogic Principles
and Certification Needs” (1998) 5:1 Int’l J. Legal Prof. 63.
This University of Windsor professor presents a cogent argument for adopting a
reflective practice model in legal education and for changing assessment methodologies
to support the development of reflective practice.
Julie Macfarlane, “Mediating Ethically: The Limits of Codes of Conduct and the
Potential of a Reflective Practice Model” (2002) 40 Osgoode Hall L.J. 49.
This article sets out a convincing rationale for a reflective practice model for mediators,
reviewing Schön and Argryis’ description of reflective practice which includes the
importance of being able to engage in “frame reflection.” “At its highest level, this type of
reflection aims to make explicit the tacit cognitive assumptions over practice choices.. a
practitioner’s “theory in use.” (pp. 73 – 74) This then allows for dialogue in community
between practitioners about their approaches to ethical dilemmas and can help develop
theory.
Julie Macfarlane, The New Lawyer: How Settlement is Transforming the Practice
of Law (Vancouver: UBC Press, 2008).
Arguing passionately for legal education reform, a reflective practice model for legal
education is highly encouraged in this latest publication that is the result of lessons
learned after a decade of studying ways that lawyers are coping with changes in the
disputing process. The new lawyer’s role is “conflict resolution advocacy.” Changes to
legal education are required to help law students cope with the changing professional
identity of lawyers. Beliefs and values must be critically examined.
Kathy Mack, Gerry Mullins, Jan Sidford & David Bamford, “Developing Student
Self –reflection Skills through Interviewing and Negotiation Exercises in Legal
Education” (2002) 13 Legal Educ. Rev. 221.
At this Australian law school, student self-reflection is encouraged beginning in first year
skills courses by implementing a structured approach consistent with the experiential
learning cycle of “preparation, action, and reflection” (p. 227) that ensures the students
are actively engaged in self-reflection. The process is described and the lessons
learned from the new approach are discussed.
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Karen Mann, Jill Gordon & Anna MacLeod, “Reflection and Reflective Practice in
Health Professions Education: A Systematic Review”, online: (2007) Adv. in Health
Sci. Educ. <http://www.springerlink.com/content/a226806k3n5115n5>.
This review of the research literature about reflective practice in the health professions
considers the implications for educators. “Reflection may be most useful when viewed
as a learning strategy.” (p.20) Teachers should make their own reflective practice
visible. It can be both an individual and a collaborative experience. Students benefit
from structure to guide their reflection, on both content and process, and guidance and
supervision. Other factors that assist with learning about reflective practice include “a
facilitating context, a safe atmosphere … peer support and time to reflect.” There are
currently no evaluative studies on whether it improves patient care or clinical behaviour,
and further research is recommended. A PowerPoint presentation summarizing some of
the key ideas for medical professionals is located at http://facdev.medicine.dal.ca/presdocs/08June12Mann.ppt.
Judith McNamara & Rachel Field, “Designing for Reflective Practice in Legal
Education” (2007) 2 J. Legal Education 66.
A first year Australian legal writing and research course was designed to include a
mixture of reflective practices to improve learning outcomes for students. To evaluate
the experiment, the two faculty members teaching the course engaged in their own
reflective practice and kept reflective journals and engaged in joint discussions to
critically assess their teaching methodology. Reflecting on Ramsden’s (2003) principles
of effective teaching, they identify a number of learning design issues to improve
including their assessment practices.
Judith McNamara, Rachael Field & Natalie Cuffe, Designing Reflective
Assessment for Effective Learning of Legal Research Skills in First Year (Paper
presented at the First Year in Higher Education Conference, 30 June- 2 July, 2008,
Queensland University of Technology) online:
<http://www.google.ca/url?sa=t&source=web&cd=1&ved=0CBQQFjAA&url=http%3A%2F%2Fwww.fyhe.com
.au%2Fpast_papers%2Fpapers08%2FFYHE2008%2Fcontent%2Fpdfs%2F1e.pdf&ei=J_4UTJLgKqmIlAef3
NzeDQ&usg=AFQjCNEjymp-Rfpca-Ta9bKMfVU8c9aepg&sig2=n1d-ZZS4FknJZbEi-q4Z-w.>
Asserting that reflective practice should and can be taught and assessed in the first year,
the authors explain how they incorporated it into the teaching of legal research and
writing. The teaching framework involves four steps: helping students to understand
reflection and its importance, creating “structures and protocols” for the students so they
do reflect, make assessment criterion explicit, and providing formative feedback. They
used a survey to gain student feedback on various aspects of their teaching
methodology. They conclude that reflective journals can facilitate learning legal
research skills while developing of the skill of reflection.
Michael Meltsner, “Writing, Reflecting and Professionalism” (1999) 5 Clinical L.
Rev. 455.
This professor writes about his experience of encouraging reflective journal writing. He
believes that it helps students to reflect on who they are, what they believe, and how that
might play out in their professional lives, and asserts that allowing students this type of
writing experience will support and nurture growth and development.
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Jack Mezirow and Associates, Fostering Critical Reflection in Adulthood: A Guide
to Transformative and Emancipatory Learning (San Francisco: Jossey Bass
Publishers, 1990).
A wealth of academic articles explain why critical reflection is so important (to
transformational learning, in particular) for adult learners, and elaborates on potential
methods to foster it. Given the desire for intellectual rigour that characterizes legal
education pedagogy, faculty may find several chapters surprisingly helpful, including a
chapter on assessing reflective judgment through seven developmental stages by
Kitchener and King that is oft-cited in reflective practice literature. Mezirow asserts that
"transformative learning for emancipatory education is the business of all adult
educators", and stresses the importance of reflection for praxis and social action.
Faculty with a passion for social justice will find this text provocative and supportive of
their core mission.
Techniques for supporting reflection and transformational learning include the use of
autobiography and ideological analysis of personal breakthrough experiences, using
critical incidents to explore learner’s assumptions, reflective withdrawal through journal
writing, using literature, use of repertory grids, metaphor analysis, and conceptual (mind)
mapping.
Jennifer A. Moon, Reflection in Learning and Professional Development: Theory &
Practice (Sterling, Virginia: Kogan Page, 1999).
This seminal work provides an excellent overview of the notion of reflective practice, is
highly readable book and highly respected by adult educators. Useful graphics
succinctly portray learning processes and provide conceptual clarity.
Jennifer A. Moon, A Handbook of Reflective and Experiential Learning (New York:
Routledge, 2004)
This book combines theory and practical information in its exploration of the intersection
between reflective and experiential learning. Topics include how to introduce reflective
activities, how to improve the quality of reflective activities and assessment issues. It
explores techniques such as learning journals, diaries, logs, notebooks, portfolios, action
learning sets, human inquiry groups, action research, personal development planning,
peer and self assessment and problem-based learning. Learning from work experience,
learning from other experience, and learning from past experience are also examined.
Jennifer A. Moon, Learning Journals: A Handbook for Reflective Practice and
Professional Development, 2d ed. (New York: Routledge, 2006).
Promoting reflective writing, this useful resource includes chapters on the importance of
reflection for learning, how to facilitate student reflective writing for deepening learning,
and the challenges and issues of assessment. This book provides a generic framework
for assessing reflective writing with examples of reflective writing revealing deepening
levels of reflection. It also explains different types of journals and discusses more than
sixty activities that enhance learning from journals and the development of reflective
practice.
11
Laurie Morin & Louise Howells, “The Reflective Judgment Project” (2003) 9
Clinical L. Rev. 623.
The authors share lessons learned following their research, experiences and
experiments with using King and Kitchener’s seven levels of reflective judgment (RJ)
and theories of expert learning to diagnose student comprehension of ill-structured
problems, and to encourage progression to higher levels of reflective judgment.
Although they found the RJ model to be descriptive, it was challenging to design
interventions to move students from one level to another. Ultimately, the most helpful
strategy was a “problem-solving checklist”, a self-evaluation tool they developed to help
students beginning a clinical legal education placement to become “unstuck” and to
move to higher levels of performance and expertise.
Richard K. Neumann Jr., “Donald Schön, the Reflective Practitioner, and the
Comparative Failures of Legal Education” (1999) 6 Clinical L. Rev. 401.
Advocating for the development of a reflective practitioner approach to legal education,
Neumann provides a useful overview of fourteen themes from Schön’s characterization
of the reflective practitioner. He proposes six strategies to incorporate Schön’s ideas
into legal education, beginning with using his insights “to help students work through the
confusion and frustration of learning to become professionals” beginning in a first year
skills course in legal writing. He argues for empirical testing of assumptions about
practice and the need to encourage effectiveness and creativity, all enhanced by the
reflective practice model. He also notes how legal professionals are handicapped by
their reliance on persuasive or advocacy methods as compared to the learning or inquiry
method.– ideas originally advanced by Argyris and Schön as Model 1 and Model 2
behaviours in their studies of organizational effectiveness. Asserting that legal education
lags behind the other professions in their pedagogy, he recommends a comparative
study of other professions to document their approach to using a reflective practicum,
and that Schön’s insights on reflective practice need to be customized for legal
education.
J.P. Ogilvy, "The Use of Journals in Legal Education: A Tool for Reflection" (19961997) 3 Clinical L. Rev. 55.
Written after a decade of experimentation with learning journals across all types of
courses and experiential learning activities, as well as a more recent experimentation
with a two-person journal, Ogilvy reviews the benefits and challenges of this pedagogical
tool. He reviews the learning theory that supports the use of journals, and notes also
the feedback that journals can provide to the teacher that can be used to improve
teaching or comprehension of subject matter. His course syllabi explain why he requires
a journal, which include the student developing as a reflective practitioner as an intended
outcome. He considers the level of introspective and reflective thinking that he sees to
be substantial. The article provides the most comprehensive overview of the benefits of
journal writing in legal education, and includes a list of questions to stimulate writing, and
suggestions to overcome challenges and difficulties.
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J.P. Ogilvy, Leah Wortham, Lisa G. Lerman et al., Learning from Practice: A
Professional Development Text for Legal Externs, 2d ed. (St. Paul, Minnesota:
Thomson/West, 2007).
Emphasizing the importance of being capable of leaning from experience, and the role of
reflection in ensuring that this learning takes place, this study guide is written for
students in legal externship programs where the source and quality of supervision is
highly varied. It has a much broader application and value for law students because it
encourages self-directed learning, setting learning goals, planning carefully for learning
tasks, and stresses the need for personal growth and development. Of particular
interest are the chapters on reflective lawyering, creative problem-solving, the use of
journals, balancing personal and professional life, and the templates provided for a
sample learning agenda, and a worksheet for planning to learn from observation. There
is also a manual for faculty available.
Parker J. Palmer, The Courage to Teach: Exploring the Inner Landscape of a
Teacher’s Life (San Francisco: Jossey-Bass, 1998).
Palmer asserts that good teaching comes from the identity and integrity of the teacher,
not merely technique. Knowing oneself is as crucial to good teaching as knowing one's
student and subject. Many current teaching strategies promote disconnectedness
among students and teachers. Teaching from a spiritually introspective position helps to
connect teachers and students in the learning process to create a community of
learning. The chapter “Learning in community: The conversation of colleagues”
advocates for a community of pedagogical discourse and continuing conversations in
atmosphere of trust and respect. As an advocate for reflective teaching practices,
Palmer encourages analysing critical moments in teaching and learning, and using
metaphors and images to enrich dialogue in faculty workshops.
Parker J. Palmer, “A New Professional: The Aims of Education Revisited”
Changes Magazine: The Magazine of Higher Learning 39:6 (November 2007) 6.
Source of the quote below describing the “new” professional, this evocative short piece
was originally drafted for medical professionals, but speaks equally as powerfully to the
legal professional about law as a vocation.
“The word “professional” originally meant someone who makes a “profession of faith” in the midst of a
disheartening world. That root meaning became diminished as the centuries rolled by, and today it has all
but disappeared. “Professional” now means someone who possesses knowledge and techniques too
esoteric for the laity to understand, whose education is proudly proclaimed to be “value free.”
The notion of a “new professional” revives the root meaning of the word. This person can say, “In the midst
of the powerful force-field of institutional life, where so much conspires to compromise the core values of my
work, I have found firm ground on which to stand—the ground of personal and professional identity and
integrity—and from which I can call myself, my colleagues, and my profession back to our true mission.”
Higher education needs to educate people in every field who have ethical autonomy and the courage to act
upon it—who possess knowledge, skill, and the highest values of their vocations. Can such an education
become a reality? Yes, if we who educate can think and act like the new professionals we need to raise up.”
This article can be found at
http://www.changemag.org/Archives/Back%20Issues/NovemberDecember%202007/full-new-professional.html
13
Fran Quigley, “Seizing the Disorienting Moment: Adult Learning Theory and the
Teaching of Social Justice in Law School Clinics” (1995-1996) 2 Clinical L. Rev. 37.
Arguing that a legal education is not complete without an opportunity for learning about
social justice issues, this article explains how adult learning theory and the concept of
transformational learning can assist. Clinical legal education as experientially-based
learning is well suited for adult learners who want to be self-directed, build on their prior
life experience and make explicit connections between legal theory and legal practice.
“Disorienting moments”, which occur when students are faced with experiences that are
dissonant with their prior life experience, are opportunities for “perspective
transformation” as the learner “engages in critical thinking focus[ed] on assessment of
societal and personal beliefs, values, and norms.” The best possible outcome is that the
student will be able to reflect on the experience, explore what it means, and will then
“reorient” so the experience can be integrated and new action taken. Techniques that
will assist include cooperative learning where students learn from one another, journal
writing and self-evaluation, and supervisor-student discussions. Simulated experiences
of living on a severely restricted income can provide disorienting dilemmas but are
arguably not as effective as exposure to “actual incidents of injustice.” Field trips and
stories told by clients about injustice they encountered are possible sources of
disorientation in non-clinical courses.
William P. Quigley, "Letter to a Law Student Interested in Social Justice" (20072008) 1 DePaul J. Soc. Just. 7.
An inspiration for the social justice activists among us and those whom we hope to
mentor, this article stresses the importance of reflection to maintain physical and mental
health, and to integrate mind, body and spirit.
Annie Rochette & Wesley W. Pue, “Back to Basics? University Legal Education
and 21st Century Professionalism” (2001) 20 Windsor Y.B. Access Just. 167.
Exploring criticisms of legal education, these authors document their research findings
that law students at one Canadian law school study approximately 73% “core” subject
areas despite the criticism by Law Societies that law faculties “hardly teach any law at
all.” They recommend looking at alternative models of legal education including the
“reflective practitioner” model, and to develop a broader understanding of legal
knowledge. They would include “problem-solving skills, legal research and writing,
reflexivity, flexibility, communication, critical thinking and the ability to see law in its
social context.” (p. 189) Knowledge, theory and critique should be integrated “so as to
educate reflective and ethically responsible citizen-lawyers rather than mere technocrats
who mechanically apply “legal rules” in the service of client interests, devoid of any
social responsibility or context.” (p. 189)
Lilli Ruth Rosenberg, “Transforming Leadership: Reflective Practice and the
Enhancement of Happiness” (2010) 11:1 Reflective Practice 9.
Encouraging self-reflection and self-awareness, for developing transformational
leadership capacity and personal happiness, this article encourages integration and
coherence between thoughts, emotions and behaviour through reflective practice. The
inevitable and continuous degree of change that people experience requires reflection to
increase the likelihood of healthy responses. Sustainable and ethical change requires
the development of a reflective practice grounded in the concepts of Appreciative Inquiry
14
(Cooperrider et al, 2003), positive psychology (Seligman, 1993), and with an awareness
of the role of positive emotions (Frederickson, 2003) to ensure that a strength-based
approach is undertaken rather than a traditional deficit-based approach to reflection.
Personal transformation begets institutional transformation and requires “reflective
action”.
15
Donald A. Schön, “Educating the Reflective Practitioner” (1995) 2 Clinical L. Rev.
231.
Donald Schön is credited with coining the term reflective practice in two important books
published in 1983 and 1987 respectively, The Reflective Practitioner: How Professionals
Think in Action and Educating the Reflective Practitioner. His remarks to a meeting of
American law professors were edited to form the basis for this article. It provides a brief
(but not coherent) introduction to the concept of reflective practice, and the “artistry” that
is required of professionals to bridge the gap between theory and practice through
reflection-on-action and reflection-in-action. He advocates for a “deviant tradition” which
he describes as the “reflective practicum” which will require that students learn by doing,
with the oversight and involvement of a senior practitioner, and in community with others
who are also engaged in the learning task.
Michael Hunter Schwartz, Expert Learning for Law Students, 2d ed. (North
Carolina: Carolina Academic Press, 2008).
Aiming to provide law students with the learning and analytical tools necessary to
succeed in law school and in practice, this book provides detailed research and
information on methods of planning, monitoring, and implementing work. In addition to
advice on reading cases, legal analysis, and test-taking strategies, it provides guidance
on how to personalize study strategies to individual learning styles (full chapter on
personality types and learning styles). The concept of the self-regulated learning (SRL)
cycle is developed with a full chapter on the reflection phase of the SRL cycle. This
phase is described as including self-evaluation, attribution, self-reaction and adaptation.
Schwartz uses insights developed within the Humanizing Legal Education movement to
provide advice on dealing with law school stress and anxiety.
Michael Hunter Schwartz, Sophie Sparrow, & Gerald Hess, Teaching Law By
Design: Engaging Students from the Syllabus to the Final Exam. (North Carolina:
Carolina Academic Press, 2009).
Directed at law faculty, this recent publication aims to improve practice based on the
core principles of teaching and learning based on educational research. Beginning with
an overview of four learning theories most relevant to the education of law students
(cognitive, constructivist, adult learning and self-regulated), the authors then provide
concrete suggestions on how to plan courses, conduct classes and assess students to
promote active student engagement in their own learning often by encouraging reflection
and metacognition. Based on their empirical research, they assert the benefits of
reflective practice for faculty and recommend self-assessment and formative feedback
from students, teaching portfolios, teaching journals, collaboration with colleagues in
various ways, and study. Useful appendices include course goals (which include critical
self-reflection), post-assessment reflective exercises, peer feedback and reflection
assessments, and rubrics.
Marjorie A. Silver, The Affective Assistance of Counsel: Practicing Law as a
Healing Profession (Durham, North Carolina: Carolina Academic Press, 2007).
A stimulating and thought-provoking collection of resources covering diverse topics such
as therapeutic jurisprudence and the comprehensive law movement, lawyering with
intra- and inter- personal competency (including psychological-mindedness, emotional
competence and emotional intelligence, and the use of social work constructs), multi-
16
cultural lawyering (cultural competency), creative problem-solving and collaborative law
as legitimate forms of legal practice, the culture of legal denial (and the potential for
taking responsibility and the role of an apology), and the connection of lawyering with
spirituality, and mindfulness practices. Tools for building self-awareness are provided by
Professor Susan Daicoff in the chapter “Lawyer Personality Traits and Their Relationship
to Various Approaches to Lawyering.” Professors Sue Bryant and Jean Koh Peters
outline exercises to build student reflection and skill in cross-cultural lawyering in their
chapter “Six Practices for Connecting with Clients across Culture: Habit Four, Working
with Interpreters and Other Mindful Approaches.” Professor Leonard Riskin in
“Awareness in Lawyering: A Primer in Paying Attention” sets out instructions for
developing mindfulness and loving-kindness and discusses how to integrate them into
daily life and legal practice. In addition to encourage the reader to reflect on alternative
ways to practice law, all the authors encourage greater self-awareness and commitment
to practicing law affectively and effectively as a healing profession.
Dannelle D. Stevens & Joanne E. Cooper, Journal Keeping: How to Use Reflective
Writing for Effective Learning, Teaching, Professional Insight, and Positive
Change (Sterling, Virginia: Stylus Publishing, 2009).
This exploration of the use of reflective writing promotes journal writing for both students
and faculty and includes a number of case studies. Eight different techniques for
exploring journal writing in the classroom are identified as free-writing, focused freewriting, listing, log, dialogue, concept mapping, metaphor, meta-reflection. Assessment
issues are covered. This book advocates keeping professional journals for a variety of
purposes, including for improving one’s writing skills, productivity and teaching methods.
A short chapter on the journal writing in the computer age also looks at blogs and how
they can be used to foster reflection.
Roy Stuckey et al., Best Practices for Legal Education: A Vision and a Roadmap
(Denver: Clinical Legal Education Association, 2007).
This important collection of “best practices” to improve student learning written to
respond to the Carnegie Report also focuses on the importance of self-reflection and
life-long learning skills. Also of interest are best practices for experiential learning, and
an exploration of the best method for Socratic questioning.
William M. Sullivan et al., Educating Lawyers: Preparation for the Profession of
Law, The Carnegie Foundation of Teaching (San Francisco: Jossey-Bass, 2007).
Following extensive field research at a number of American and Canadian law schools,
this report recommends improvements to professional education for law students. Legal
education must be broadened from training to “think like a lawyer” ( a “cognitive”
apprenticeship) to “How can we best combine the elements of legal professionalism –
conceptual knowledge, skill, and moral discernment – into the capacity for judgment
guided by a sense of professional responsibility?” (p. 12) Both curricular content and
pedagogy are critiqued. The report calls for an integration of theoretical and practical
knowledge and for the development of professional identity. Advocating for practicums
and significantly changed assessment practices, the report emphasizes the importance
of skill development and more support for developing ethical and social skills. “Practical
skill is developed through modeling, habituations, experiment, and reflection.” (p. 14)
Reflection on emerging professional identity is critical. Furthermore, integration between
all aspects of the law school experience is critical to ensure the “moral culture” that is
being promoted is understood including curriculum, legal clinics, extra-curricular
17
activities, clubs etc. “Capstone” opportunities in the third year could possibly include a
“serious, comprehensive reflection on their educational experience and their strategies
for career and future professional growth.” (p. 195) To support this new form of legal
education, faculty must draw on their own experience and learn from one another –
creativity is required. Not only must students become more self-aware but “attending to
one’s own practice of teaching and learning can improve pedagogical self-awareness…
… the practice of teaching can become the basis of a community of interest”. (p. 201)
Ultimately, the scholarship of teaching and learning will improve too.
Washburn Law Journal Humanizing Legal Education Issue. (2008) Washburn Law
Journal, 47:2.
An absorbing collection of articles generated from a 2007 symposium addressing the
“dehumanizing problem” that could inspire faculty who want to improve the law school
experience. Early chapters examine the sources of dehumanization and cite research
on the negative impact of law school on student health (including demoralizing statistics
about depression and addiction), as well as the importance of developing conscience,
morality, authenticity, and growth and integration. A humanizing social environment
“promotes the experiences of an optimally functioning person… and would therefore
maximize meaning, positive motivation, well-being and performance.” (p. 260) Krieger
offers “practical, inexpensive suggestions: (1) train students to be metacognitively aware
of their emotional experience of legal education; and (2) encourage faculty to be
metacognitively aware of the explicit and implicit messages in how they teach and to
model authenticity, inspiration, and a holistic outlook.” (p. 242) Glesner Fines advocates
for increased feedback to students and changing assessment strategies to build student
self-efficacy. Lustbader examines how orientation programs can ensure that student
reflection and discernment is supported – including treating law as a calling, modeling
professionalism and the “higher ideals of the profession by being in the service of
justice” (p. 342), and building a learning community. Hess writes about collaborative
course design to create a “critical learning environment.” Dunlap shares strategies to
humanize the classroom which include a class devoted to dealing with distress (which
includes reflecting on several academic articles), and strategies to empower students
such as asking a student to summarize and re-teach what was taught in the last class.
Julian Webb, “The “Ambitious Modesty” of Harry Arthurs’ Humane
Professionalism” (2006) 44 Osgoode Hall L.J. 119.
Exploring the potential for legal education to include “ecological” forms of knowing and
learning, Webb begins by reviewing the concept of “humane professionalism” (1983
Arthurs Report) including its relationship to the concept of the reflective practitioner.
Desiring to create the “smart” law school, he advocates for “whole curriculum
“ecological” learning …to address a range of cognitive, metacognitive and affective
capacities.” (p. 147). Furthermore, there must be an even greater commitment to a
“more humanistic and historical understanding of the place of law in human culture” (p.
153). Students’ personal narratives and experiences must also be examined with
reflective conversations as a possible means to engage students in the “collaborative
construction of knowledge.”
Julian Webb & Caroline Maughan, eds., Teaching Lawyers’ Skills, (London:
Butterworths, 1996)
18
To become more effective teachers, these authors advocate that faculty become
reflective teachers, articulating their theories of learning and “critically examine them and
replace those parts which, we suspect or, better still, can show do not work.” (p.30) This
book contains a collection of essays on the learning process, approaches to skills
teaching, as well as assessment and evaluation methods for teachers who are
interested in developing skills-based learning in legal education. Drawing on the direct
experience of law teachers as well as educators and trainers from other fields of
professional education, Webb advocates for a capability-based and holistic approach to
learning “which stress[es] the range of knowledge forms – the propositional, the practical
and the personal.” (39) Jones, in a chapter entitled “We’re all reflective practitioners
now: reflections on professional education”, reviews the developing theory of reflective
practice and criticizes Schön’s model for neglecting critical emancipatory reasoning.
Practical guidance on course design (including problem-based learning), delivery and
assessment is also provided.
Mark Weisberg, “Learning to Trust Your Own Mind And Other Stories About
(Legal) Education” (1992) 17 Queen’s Law Journal 304.
This older but still relevant article about how to encourage reflective writing and
journaling, speaks highly of a James White’s 1973 text The Legal Imagination (Boston:
Little Brown). (Weisberg’s course book contains reprints of that text which is full of
reflective reading and writing exercises that are designed to encourage independent
thinking and critique, self-direction, curiosity, imagination, and speculation.)
Mark Weisberg & Jean Koh Peters, “Experiments in Listening” (2007) 57: 3 J.
Legal Educ. 427.
Directed at law faculty who wish to reflect more deeply on their teaching, this practical
article provides the rationale and four sets of exercises to improve your listening skills.
Techniques to support the reflection include creating a listening log to collect data about
your listening, lists of reflective questions, an experiential “line-up,” implementing a “five
second before responding” rule, and a group exercise. Of particular interest is the
application of Peter Elbow’s spectrum of “methodological doubt” and “methodological
belief” in a conversation to improve the quality of reflective listening, contrasted with the
habit of listening with one’s critical mind that is typical of academics and lawyers.
Mark Weisberg & Jean Koh Peters, The Teacher’s Reflection Book (forthcoming)
This forthcoming book authored by retiring Queen’s University law school professor
Weisburg and Columbia law professor Peters promises to be an intriguing resource for
faculty. Based on their experience and learning from their joint facilitation of several
successful three day retreats that allowed law school professors (and other university
professors) time and space to reflect on their teaching, they attempt to create a miniretreat atmosphere and an intensive reflective opportunity for the reader. The exercises
can be used to explore both the personal and professional aspects of one’s life.
Internet-based resources and articles
“A Place to Discuss Best Practices for Legal Education” Albany Law Blogs (2009),
online: http://bestpracticeslegaled.albanylawblogs.org/
19
This blog was created to support conversations on current reforms in legal education
arising from the publication of Roy Stuckey’s Best Practices for Legal Education and the
Carnegie Foundation’s Educating Lawyers. Blog contributors and editors continually
document recent innovations in legal education reform which makes it a great site for
those interested in the future of legal education to discuss opinions and ideas.
“General Description of Planned Projects” Legal Education Analysis and Reform
Network, online:
http://www.law.stanford.edu/display/images/dynamic/events_media/LEARN_03050
9_lr.pdf
This new initiative arising from the Carnegie Report hopes to reform American legal
education. In addition to creating a portal for sharing promising practices, a number of
new learning initiatives for faculty are proposed including Summer Institutes, Carnegie
scholars, traveling professors on cross-pollination visits, and a roster of speakers to
assist with the professional pedagogical development of faculty. Three task forces have
been formed exploring aspects of legal education reform.
UK Centre for Legal Education (see K. Hinnett) http://www.ukcle.ac.uk/index.html
This is just one sample of their useful materials about the importance of encouraging law
student reflection - http://www.ukcle.ac.uk/resources/reflection/reflection.html. The
section on personal development planning contains the article by Hinnett that is
annotated in the preceding section. A PowerPoint presentation summarizing a 2010
study by Dr. Karen Fullerton on student views of the efficacy of personal development
planning, in this case a reflective log book, is available.
Reflective Journal/Practice - Learning and Teaching Unit, University of
South Australian (2010)
An excellent introductory resource on reflective practice and reflective journaling
recommended by Professor Mary Anne Noone of the Law Faculty at La Trobe
University in Melbourne, Australia that has links to several helpful online
modules, excellent articles by Moon and Boud on journal writing, in addition to an
extremely useful on-line manual by Reed & Koliba about facilitating refection.
http://www.unisa.edu.au/teachinglearning/goodteaching/BuILT/reflect.pdf
Principles for Enhancing Legal Education: Materials and Videotape from
the Institute for Law School Teaching (2001)
Hess, Lustbader and Zimet provide written materials and a videotape about seven
principles for enhancing legal education and a discussion guide for law faculty who wish
to reflect on their teaching practice. This website also features an idea of the month –
June 2011 is about faculty reflection, the on-line journal The Law Teacher, and
conference proceedings from prior years, in addition to a wealth of other resources.
Available from http://lawteaching.org/index.php.
“Introduction to Cutting Edge Law” Cutting Edge Law: Collaborative Law, Holistic
Law, Humanizing Legal Education and Innovation and Transformation in Law,
online: <http://cuttingedgelaw.com/node?destination=node>.
20
This innovative website is a portal to a collection of helpful resources and connection to
a network of interesting lawyers, law faculty and other legal professionals asking
themselves the question "What if lawyers were peacemakers, problem solvers, and
healers of conflict?" Cutting Edge law hopes to "shift the consciousness of what it means
to be a lawyer and to have the legal profession recognized as an agent of
transformation." The models, ideas, videos, and practices presented provide useful
fodder for critical reflection on the system, and self-reflection.
“Humanizing Law School Listserv” Florida State University School of Law, online:
http://www.law.fsu.edu/academic_programs/humanizing_lawschool/listserve.html
This collegial community shares promising practices.
Global Alliance for Justice Education http://www.gaje.org
GAJE is an association of people committed to achieving justice through education. The
2011 conference attracted people from 43 counties. GAJE holds conference biannually, attracting clinical legal educators, law faculty, law students, lawyers, and
others, and explore diverse topics including clinical programs, street law, and reflective
practice. Conference proceedings are available on-lineand a list serve for discussion
purposes can be subscribed to.
Clinical Legal Educators’ list serve – lawclinic@lists.washlaw.edu
Recent posts to this list serve included methods to increase law student reflection
including a “case closing questionnaire”, a listing of techniques from a
supervising attorneys guide, an observational exercise, and a student selfevaluation questionnaire.
Legal Education at the Crossroads: Ideas to Accomplishments: Sharing New
Ideas for an Integrated Curriculum, Papers presented at University of Washington,
School of Law, 5-7 September, 2008”, online:
<https://files.law.washington.edu/open/ Crossroads_Conference/
CrossroadsMatlsonline.pdf>. (This site is no longer active – a hard copy of the
proceedings are available from the leeringm@lao.on.ca.)
This conference provided a wealth of information about curriculum reform efforts at a
number of American universities. Of particular interest were the discussion of faculty
enrichment activities which included a week-long summer teaching workshop, “teaching
rounds” (sounded like a “community of practice” approach), simulation-based teaching
workshops; and for students: orientation week activities including developing a personal
oath of professionalism, a ritual of wearing the “voted-best” oath, on-line personality and
learning style assessments, and keeping a reflective journal for that week; student
development of public service and social justice projects; capstone and keystone
courses; a specific course to encourage reflection on work experiences; and,using video
replays for self-reflection. A copy of the conference agenda is still available here
http://www.law.washington.edu/News/Articles/schedule_Crossroads.pdf
Professor Michael Hunter Schwartz
http://www.washburnlaw.edu/faculty/schwartz-michael-pub.php
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The author of several of the key annotated books continues to publish on the topic of
teaching and learning. Key articles can be accessed directly from his website.
J. P. Ogilvy & Karen Czapanskiy, Clinical Legal Education: An Annotated
Bibliography (Revised 2005),, online:
http://faculty.cua.edu/ogilvy/biblio05clr.htm
This is an excellent compilation of articles from clinical legal educators - an incredibly
rich resource with many articles providing insights into how to promote reflection. Some
have been annotated above, but there are many more on offer.
.
Personal Development Planning – List of Reflective Questions, online:
<http://www.heacademy.ac.uk/assets/York/documents/ourwork/tla/employability/Reflecti
ve_questions.doc> (retrieved by Osgoode adjunct professor Chantal Morton in 2009)
“Mapping the Terrain, Advancing the Field, and Developing the Scholarly
Community” Engaging Reflection in Health Professional Education and Practice
Conference, online: http://www.reflectivepractice.ca/ (This website is down as of May
2011, hard copy of the proceedings is available from the author. It also appears that
(2010) Reflective Practice: International and Multidisciplinary Perspectives 11 may
contain some detail about the conference.)
This innovative and ground-breaking 2009 conference sponsored by the University of
Western Ontario (UWO) examined many approaches to supporting reflection for
professionals. The conference explored topics such as reflective writing of all kinds,
story-telling, critical incidents, narrative inquiry, use of theatre, arts-based projects,
mindfulness meditation, duo-ethnography, thought experiments, use of critical
transformative dialogues, group mentorship, use of metaphor, use of a large variety of
media including film, use of on-line preceptor tools, on-line discussion forums, creation
of a reflective portfolio (including an e-portfolio), self-reflection tools guided reflection,
mindfulness practice, thought experiments, developing of cultural competency, faculty as
reflective practitioners, experiential learning and reflection, and inter-professional and
multi-disciplinary collaborations. A synopsis of the conference proceedings can be found
at www.reflectivepractice.ca/proceedings_complete.pdf. UWO also hosts a new
network called INSPIRE – the Interdisciplinary Network for Scholarship in Professions’
Research in Education involving the faculties of Health Sciences, Medicine, Dentistry
and Education.
“About PEP” Preceptor Education Program for Health and Education Students,
online: < http://www.preceptor.ca >.
This on-line resource is available to anyone who wishes to sign up to use it – it is
designed principally for students in health services doing practicums. Section 5 provides
an excellent introduction to reflective practice for beginners, outlining the concepts and
providing reflective activities and questions. In addition to encouraging anticipatory
reflection, reflection-in-action, and reflective on action, preliminary ways to foster critical
reflection are provided.
Professor Bob Dick’s (Southern Cross University) Resources on Action Research
and Reflection
22
Provides thoughtful and straightforward resources on how to increase student reflection
including journals, “home groups”, “walk-talk pairs”, assessment criteria, portfolios, selfevaluation of each activity or assignment, daily debriefing and personal development
plans, course evaluations, mentors, process observers, critical incidents, and many
other aids to reflection identified by students. These are documented briefly in the article
“Reflective Mechanisms” available at http://www.scu.edu.au/schools/gcm/ar/arp/reflmech.html. A
conference paper by Adelle Bish and Bob Dick (1992) explores these mechanisms more
deeply, “Reflection for everyone: Catering for Individual Differences”, is available from
http://uqconnect.net/~zzbdick/dlitt/DLitt_P08rfe.pdf.
Fran Peavey, “Strategic Questioning” The Change Agency, online:
http://www.thechangeagency.org/_dbase_upl/strat_questioning_man.pdf
A useful resource that explains how to use “strategic questioning” as a methodology to
create change.
“The Law Program” The Center for Contemplative Mind in Society (2009), online:
http://www.contemplativemind.org/programs/law/
Describes the contemplative and reflective programs and events they sponsor for
lawyers and law students.
List compiled by Michele Leering, B.A., L.L.B., Candidate -Master’s in Adult
Education 2012 (2009 Law Foundation of Ontario Community Leadership in Justice
Fellow) with initial assistance from research assistant Liane Fong.
For updates, please contact leeringm@lao.on.ca. Additions are welcomed!
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