Ethical imperatives for legal educators to promote law student wellbeing

1 See for example, Nick James, ‘Dealing with Resistance to Change by Legal Academics’ in Rachael Field, James Duffy and Colin James (eds), Promoting Law Student and Lawyer Wellbeing in Australia and Beyond (Routledge, 2016). See also, Judith Marychurch and Adiva Sifris (eds), Wellness for Law: Making Wellness Core Business (LexisNexis, 2019). In the Report for the project Enhancing Student Mental Wellbeing, Baik and others acknowledge: ‘Happily, supporting student wellbeing does not require academics to be or become psychologists, mental health experts or counsellors. It is not the job of university educators to make students happy or to help students resolve their mental health difficulties. However, as educators, it is our job to facilitate learning. This means it is in our interests to adopt curriculum, teaching and assessment approaches – informed by psychological principles and research – that may mitigate psychological stressors in the educational environment: Chi Baik and others, Enhancing Student Mental Wellbeing: A Handbook for Academic Educators (Australian Government, 2017) 11–12, <http://unistudentwellbeing.edu.au/> accessed 18 June 2020.

2 See for example, Martin Seligman, Flourish (William Heinemann, 2011); Rachael Field and Jan HF Meyer, ‘Threshold Concepts in Law: A Key Future Direction for Intentional Curriculum Reform to Support Law Student Learning Success and Wellbeing’ in Emma Jones and Fiona Cownie (eds), Key Directions in Legal Education: National and International Perspectives (Routledge, 2020) ch 10.

3 Baik and others (n 1) 11.

4 The existence of an ethical imperative in this context has also been acknowledged by the author team in Nigel Duncan, Caroline Strevens and Rachael Field, ‘Resilience and Student Wellbeing in Higher Education: A Theoretical Basis for Establishing Law School Responsibilities for Helping our Students to Thrive’ (2020) 1(1) European Journal of Legal Education 83. See also, Rachael Field, ‘Harnessing the Law Curriculum to Promote Law Student Wellbeing, Particularly in the First Year of Legal Education’ in Rachael Field, James Duffy and Colin James (eds), Promoting Law Student and Lawyer Wellbeing in Australia and Beyond (Routledge, 2016) 182, 186, and Penelope Watson and Rachael Field, ‘Promoting Student Wellbeing and Resilience at Law School’ in Sally Kift and others (eds), Excellence and Innovation in Legal Education (LexisNexis, 2011). See also, for example, Meira Levinson, ‘Moral Injury and the Ethics of Educational Injustice’ (2015) 85(2) Harvard Educational Review 203.

5 See, for example, Leonard D Eron and Robert S Redmount, ‘The Effect of Legal Education on Attitudes’ (1957) 9(4) Journal of Legal Education 431; Andrew S Watson, ‘The Quest for Professional Competence: Psychological Aspects of Legal Education’ (1968) 37 Cincinnati Law Review 93; Lawrence Silver, ‘Anxiety and the First Semester of Law School’ (1968) Wisconsin Law Review 1201. For a sample of the US literature see, for example, Andrew Benjamin and others, ‘The Role of Legal Education in Producing Psychological Distress Among Law Students and Lawyers’ (1986) 11(2) American Bar Foundation Research Journal 225; Susan Daicoff, ‘Lawyer, Know Thyself: A Review of Empirical Research on Attorney Attributes Bearing on Professionalism’ (1997) 46 American University Law Review 1337; Ann L Iijima, ‘Lessons Learned: Legal Education and Law Student Dysfunction’ (1998) 48 Journal of Legal Education 524; 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) 13 Journal of Law and Health 1; Ruth Ann McKinney, ‘Depression and Anxiety in Law Students: Are We Part of the Problem and Can We Be Part of the Solution?’ (2002) 8 Legal Writing: The Journal of the Legal Writing Institute 229; Gerald F Hess, ‘Heads and Hearts: The Teaching and Learning Environment in Law School’ (2002) 52 Journal of Legal Education 75; Susan Daicoff, Lawyer, Know Thyself: A Psychological Analysis of Personality Strengths and Weaknesses (American Psychological Association 2004). See further, Lawrence S Krieger, ‘Institutional Denial about the Dark Side of Law School, and Fresh Empirical Guidance for Constructively Breaking the Silence’ (2002) 52 Journal of Legal Education 112; Kennon M Sheldon and Lawrence S Krieger, ‘Does Legal Education Have Undermining Effects on Law Students? Evaluating Changes in Motivation, Values, and Wellbeing’ (2004) 22 Behavioural Science and Law 261; Lawrence S Krieger, ‘The Inseparability of Professionalism and Personal Satisfaction: Perspectives on Values, Integrity and Happiness’ (2005) 11 Clinical Law Review 425; Lawrence S Krieger, ‘Human Nature as a New Guiding Philosophy for Legal Education and the Profession’ (2008) 47 Washburn Law Journal 247; Lawrence S Krieger, ‘The Most Ethical of People, The Least Ethical of People: Proposing Self-Determination Theory to Measure Professional Character Formation’ (2011) 8 University of Saint Thomas Law Journal 168; Filippa Anzalone, ‘Lawyer and Law Student Wellbeing’ (2018) 22(4) AALL Spectrum 44.

6 See, for example, Norm Kelk and others, ‘Courting the Blues: Attitudes towards Depression in Australian Law Students and Lawyers’ (Monograph 2009-1, Brain & Mind Research Institute, University of Sydney, January 2009). The Australian literature now includes a significant body of scholarship, for example: Judy Allen and Paula Baron, ‘Buttercup Goes to Law School: Student Wellbeing in Stressed Law Schools’ (2004) 29(6) Alternative Law Journal 285; Colin James, ‘Seeing Things as We Are. Emotional Intelligence and Clinical Legal Education’ (2005) 8 Clinical Legal Education 123; Martin Seligman, Paul Verkuil and Terry Kang, ‘Why Lawyers are Unhappy’ (2005) 10(1) Deakin Law Review 49; Massimilano Tani and Prue Vines, ‘Law Students’ Attitudes to Education: Pointers to Depression in the Legal Academy and the Profession?’ (2007) 19(1) Legal Education Review 3; Kath Hall, ‘Do We Really Want to Know? Recognising the Importance of Student Psychological Wellbeing in Australian Law Schools’ (2009) 9 QUT Journal of Law and Justice 1; Catherine Leahy and others, ‘Distress Levels and Self-Reported Treatment Rates for Medicine, Law, Psychology and Mechanical Engineering Students: Cross-Sectional Study’ (2010) 44(7) Australian and New Zealand Journal of Psychiatry 608; Kath Hall, Molly Townes O’Brien and Stephen Tang, ‘Developing a Professional Identity in Law Schools: A View from Australia’ (2010) 4 Phoenix Law Review 19; Molly Townes O’Brien, Stephen Tang and Kath Hall, ‘No Time to Lose: Negative Impact on Law Student Wellbeing May Begin in Year One’ (2011) 2(2) International Journal of the First Year in Higher Education 49; Molly Townes O’Brien, Stephen Tang and Kath Hall, ‘Changing our Thinking: Empirical Research on Law Student Wellbeing, Thinking Styles and the Law Curriculum’ (2011) 21(2) Legal Education Review 149; Natalia Antolak-Saper, Lloyd England and Anthony Lester, ‘Health and Wellbeing in the First Year: The Law School Experience’ (2011) 36(1) Alternative Law Journal 47; Beaton Research & Consulting, 2011 Annual Business and Professions Study (2011) <https://das.bluestaronline.com.au/api/BEYONDBLUE/document?token=BL/0903> accessed 18 June 2020; Penelope Watson and Rachael Field, ‘Promoting Student Wellbeing and Resilience at Law School’ in Sally Kift and others (eds), Excellence and Innovation in Legal Education (LexisNexis, 2011) ch 15; Helen Stallman, ‘A Qualitative Evaluation of Perceptions of the Role of Competition in the Success and Distress of Law Students’ (2012) 31 Higher Education Research and Development 891; Wendy Larcombe and Katherine Fethers ‘Schooling the Blues? An Investigation of Factors Associated with Psychological Distress Among Law Students’ (2013) 36(2) UNSW Law Journal 390; Wendy Larcombe and others, ‘Does an Improved Experience of Law School Protect Students Against Depression, Anxiety and Stress? An Empirical Study of Wellbeing and the Law School Experience of LLB and JD Students’ (2013) 35 Sydney Law Review 407; Adele Bergin and Kenneth Pakenham, ‘Law Student Stress: Relationships Between Academic Demands, Social Isolation, Career Pressure, Study/Life Imbalance and Adjustment Outcomes in Law Students’ (2014) Psychiatry, Psychology and Law 1. These studies can be contrasted with the results of studies with students undertaking practical legal training (post-graduation) – see Stephen Tang and Anneka Ferguson, ‘The Possibility of Wellbeing: Preliminary Results from Surveys of Australian Professional Legal Education Students’ (2014) 14(1) QUT Law Review 27; Wendy Larcombe and others, ‘Prevalence and Socio-Demographic Correlates of Psychological Distress Among Students at an Australian University’ (2016) 41(6) Studies in Higher Education 1074. See also recent works such as Natalie K Skead, Shane L Rogers and Jerome Doraisamy, ‘Looking Beyond the Mirror: Psychological Distress; Disordered Eating, Weight and Shape Concerns; and Maladaptive Eating Habits in Lawyers and Law Students’ (2018) 61 International Journal of Law and Psychiatry 90. For collections of Australian works see: (2011) 21(2) Legal Education Review Special Issue: Law Student Wellbeing; (2014) 14(1) QUT Law Journal Special Edition: Wellness for Law; Rachael Field, James Duffy and Colin James (eds), Promoting Law Student and Lawyer Wellbeing in Australia and Beyond (Routledge, 2016); Caroline Strevens and Rachael Field (eds), Educating for Wellbeing in Law: Positive Professional Identities and Practice (Routledge 2019). See also, Paula Baron, ‘Sleight of Hand: Lawyer Distress and the Attribution of Responsibility’ (2014) 23(2) Griffith Law Review 261.

7 See, for example, Viv Caruana and others, Promoting Students’ ‘Resilient Thinking’ in Diverse Higher Education Learning Environments: Project Report (Higher Education Academy 2011); Student Minds, Understanding Provision for Students with Mental Health Problems and Intensive Support Needs (Student Minds, 2014) <https://www.studentminds.org.uk> accessed 18 June 2020; Julieta Galante and others, ‘A Randomised Controlled Trial of the Provision of a Mindfulness Intervention to Support University Students’ Wellbeing and Resilience to Stress: Preliminary Results’ (2016) 388 The Lancet S49; Julieta Galante and others, ‘A Mindfulness-Based Intervention to Increase Resilience to Stress in University Students (The Mindful Student Study): A Pragmatic Randomised Controlled Trial’ (2018) 3(2) The Lancet Public Health e72; Nicola Byrom, ‘An Evaluation of a Peer Support Intervention for Student Mental Health’ (2018) 27(3) Journal of Mental Health 240; Gareth Hughes and Leigh Spanner, The University Mental Health Charter (Student Minds, 2019) <https://www.studentminds.org.uk/charter.html> accessed 18 June 2020.

8 See for example, Richard Collier, ‘“Love Law, Love Life”: Neoliberalism, Wellbeing and Gender in the Legal Profession - The Case of Law School’ (2014) 17 Legal Ethics 202; Richard Collier, ‘Wellbeing in the Legal Profession: Reflections on Recent Developments (or, What Do We Talk About, When We Talk About Wellbeing?)’ (2016) 23(1) International Journal of the Legal Profession 41; Richard Collier, ‘Work–Life Balance’ in Chris Ashford, Jessica Guth (eds), The Legal Academic’s Handbook (Macmillan International Higher Education, 2016) 9; Lydia Bleasdale and Sarah Humphreys, ‘Undergraduate Resilience Research Report’ (LITE, University of Leeds 2018) <https://teachingexcellence.leeds.ac.uk/wp-content/uploads/sites/89/2018/01/LITEbleasdalehumphreys_fullreport_online.pdf> accessed 18 June 2020; Emma Jones, Rajvinder Samra and Mathijs Lucassen, ‘The World at their Fingertips? The Mental Wellbeing of Online Distance-Based Law Students’ (2019) 53(1) The Law Teacher 49. See also for example, Rachel Spearing and Rachael Field, ‘Wellbeing and a Positive Professional Identity in the Legal Profession: A Snapshot of the UK Bar’, Emma Jones, ‘Connectivity, Socialisation and Identity Formation: Exploring Mental Wellbeing in Online Distance Learning Law Students’, Caroline Gibby, ‘Clinical Legal Education and the Hidden Curriculum in the Neoliberal University in England and Wales,’ Nigel Duncan, ‘Resilience, positive motivation and professional identity: the experience of law clinic students working with real clients,’ Anthony Cullen and Lughaidh Kerin, ‘Meditation in Legal Education: The Value Added Toward the Wellbeing of Law Students’, Lydia Bleasdale and Sarah Humphreys, ‘Identity, Wellbeing and Law Students’, all in Strevens and Field (n 6).

9 Norm Kelk and others, ‘Courting the Blues: Attitudes towards Depression in Australian Law Students and Lawyers’ (Monograph 2009-1, Brain & Mind Research Institute, 2009). Ian Hickie in the preface to the Courting the Blues Report commented: ‘A reduction in tragedies associated with mental health problems depends on expanding and enriching the broad-based community response. Our educational institutions and our professions have particularly important roles to play in this process’, ibid v.

10 We acknowledge, however, that in many jurisdictions many law students (and in some jurisdictions, for example, in England and Wales, a majority of law graduates) do not enter the legal profession.

11 Kelk and others, (n 9) 43. See also, Marilyn Heins, Shirley Nickols Fahey and Roger C Henderson, ‘Law Students and Medical Students: A Comparison of Perceived Stress’ (1983) 33 Journal of Legal Education 51; Marilyn Heins, Shirley Nickols Fahey and Lisa I Leiden, ‘Perceived Stress in Medical, Law, and Graduate Students’ (1984) 59 Journal of Medical Education 169; Stephen B Shanfield and G Andrew H Benjamin, ‘Psychiatric Distress in Law Students’ (1985) 35(1) Journal of Legal Education 65; Robert Kellner, Roger J Wiggins and Dorothy Pathak, ‘Distress in Medical and Law Students’ (1986) 27(3) Comprehensive Psychiatry 220.

12 Karin F Helmers and others, ‘Stress and Depressed Mood in Medical Students, Law Students, and Graduate Students at McGill University’ (1997) 72(8) Academic Medicine 708; Catherine M Leahy and others, ‘Distress Levels and Self-Reported Treatment Rates for Medicine, Law, Psychology and Mechanical Engineering Tertiary Students: Cross-Sectional Study’ (2010) 44 (7) Australian & New Zealand Journal of Psychiatry 608; Wendy Larcombe and others, ‘Prevalence and Socio-Demographic Correlates of Psychological Distress Among Students at an Australian University’ (2016) 41(6) Studies in Higher Education 1074.

13 See for example, Kenneth A Strike and P Lance Ternasky, Ethics for Professionals in Education: Perspectives for Preparation and Practice (Teachers College Press, 1993); Kathleen McGrory, ‘Ethics in Teaching: Putting it Together’ (1996) 66 New Directions for Teaching and Learning 101; Jerrold R Coombs, ‘Educational Ethics: Are We on the Right Track?’ (1998) 48(4) Educational Theory 555; Harry Brighouse, School Choice and Social Justice (Oxford University Press, 2000); Rob Reich, Bridging Liberalism and Multiculturalism in American Education (University of Chicago Press, 2002); Danielle S Allen and Rob Reich (eds), Education, Justice and Democracy (Chicago University Press, 2013); Harry Brighouse and Elaine Unterhalter, ‘Education for Primary Goods or For Capabilities?’ in Harry Brighouse and Ingrid Robeyns (eds), Measuring Justice: Primary Goods and Capabilities (Cambridge University Press, 2010) 193.

14 Alan R Tom, Teaching as a Moral Craft (Longman, 1984); John I Goodlad, Roger Soder and Kenneth A Sirotnik (eds), The Moral Dimensions of Teaching (Jossey-Bass, 1990); David Carr, Professionalism and Ethics in Teaching (Routledge, 2000); Elizabeth Campbell, The Ethical Teacher (Open University Press, 2003); Michael W Apple and James A Beane (eds), Democratic Schools: Lessons in Powerful Education (Heinemann, 2007); Elizabeth Campbell, ‘The Ethics of Teaching as a Moral Profession’ (2008) 38(4) Curriculum Inquiry 357; Robert Infantino and Rebecca Wilke, Tough Choices for Teachers: Ethical Challenges in Today’s Schools and Classrooms (Rowman and Littlefield, 2009); Bree Picower, Practice What You Teach: Social Justice Education in the Classroom and the Streets (Routledge, 2012); Daniella J Forster, ‘Codes of Ethics in Australian Education: Towards a National Perspective’ (2012) 37(9) Australian Journal of Teacher Education n9; Matthew N Sanger and Richard D Osguthorpe (eds), The Moral Work of Teaching and Teacher Education: Preparing and Supporting Practitioners (Teachers College Press, 2013). See also, however, Lisa C Ehrich and others, ‘Ethical Practices and Ethical Dilemmas in Universities: Academic Leaders’ Perceptions’ (2012) 40(2) International Studies in Educational Administration 99; Saima Ahmad, Syed Muhammad Fazal-E-Hasan and Ahmad Kaleem, ‘How Ethical Leadership Stimulates Academics’ Retention in Universities: The Mediating Role of Job-Related Affective Wellbeing’ (2018) 32(7) International Journal of Educational Management 1348.

15 See for example, University of Helsinki, Ethical Principals of Teaching and Studies at the University of Helsinki <https://www.helsinki.fi/sites/default/files/atoms/files/249485_hy_eettiset_per_eng_paino.pdf> accessed 18 June 2020; The George Washington University, Statement of Ethical Principles <https://compliance.gwu.edu/statement-ethical-principles> accessed 18 June 2020; The Australian National University, Code of Conduct <https://policies.anu.edu.au/ppl/document/ANUP_000388> accessed 2 January 2020.

16 Eloquently acknowledged by Kath Hall in Kath Hall, ‘Do We Really Want to Know? Recognising the Importance of Student Psychological Wellbeing in Australian Law Schools’ (2009) 9 QUT Journal of Law and Justice 1. See also, Christine Parker, ‘The “Moral Panic” over Psychological Wellbeing in the Legal Profession’ (2014) 37(3) UNSW Law Journal 1103 and, for a different view, the work of Stanley Fish, Frank Furedi and Kathryn Ecclestone.

17 Christine Parker, ‘A Critical Morality for Lawyers: Four Approaches to Lawyers’ Ethics’ (2004) 30 Monash University Law Review 49, 51.

18 Noel Preston, Understanding Ethics (The Federation Press, 4th ed, 2014) 12.

19 ibid 11.

20 For example, the Queensland Law Society Ethics Centre provides members with a deliberative ethical decision-making model, as well as the notion of a moral compass, because it: ‘aims to equip lawyers with the information and the tools they need to act ethically at all times, while also providing the community with an insight into legal ethics’: see <http://www.qls.com.au/Knowledge_centre/Ethics/> accessed 18 June 2020.

21 Elizabeth Minnich, ‘What is at Stake? Risking the Pleasures of Politics’ (Society for Values in Higher Education Annual Fellows Lecture Monograph Series, 1994).

22 Kathleen McGrory, ‘Ethics in Teaching: Putting it Together’ (1996) 66 New Directions for Teaching and Learning 101. See also, Edward LeRoy Long Jr, Higher Education as a Moral Enterprise (Georgetown University Press, 1992).

23 McGrory, (n 22) 101.

24 ibid.

25 See further discussion below.

26 Preston, (n 18) 38. See also, Gerald, F Gaus, ‘What is Deontology? Part Two: Reasons to Act’ (2001) 35(2) Journal of Value Inquiry 179; Christine Parker and Adrien Evans, Inside Lawyers’ Ethics (Cambridge, 4th ed, 2018) 14.

27 Preston, (n 18) 35.

28 Immanuel Kant, Critique of Pure Reason (Kritik der reinen Vernunft) (1781), Immanuel Kant, Groundwork of the Metaphysics of Morals (Grundlegung zur Metaphysik der Sitten) (1785). See also, William D Ross, Kant’s Ethical Theory (Oxford University Press, 1954); Philip Stratton-Lake, Kant, Duty and Moral Worth (Routledge, 2000); George Sher (ed), Ethics: Essential Readings in Moral Theory (Routledge, 2012); Robert Audi, ‘Methodological Reflections on Kant’s Ethical Theory’ (2018) (Dec) Synthese 1.

29 Preston, (n 18) 40.

30 See <https://www.aaeteachers.org/index.php/about-us/aae-code-of-ethics> accessed 18 June 2020.

31 Preston, (n 18) 35.

32 ibid.

33 ibid. Parker and Evans, (n 26) 15.

34 Jeremy Bentham, A Fragment on Government (1776) Preface. See also, JH Burns and HLA Hart (eds), A Comment on the Commentaries and a Fragment on Government (Clarendon Press, 1977) 393.

35 A definitive collection of Mill’s writings is the 33 volume: J Robson (ed), Collected Works of John Stuart Mill (University of Toronto Press, 1965–91).

36 Preston, (n 18) 36. See also, James Rachels, ‘The Debate over Utilitarianism’ in James E White, Contemporary Moral Problems (West Publishing Co, 4th ed, 1994) 31.

37 Caroline Strevens and Clare Wilson, ‘Law Student Wellbeing in the UK: A Call for Curriculum Intervention’ (2016) 11(1) Journal of Commonwealth Law and Legal Education 44, 45.

38 Felicia A Huppert and Timothy TC So, ‘Flourishing across Europe: Application of a New Conceptual Framework for Defining Wellbeing’ (2013) 110(3) Social Indicators Research 837, 838.

39 Alasdair Macintyre, After Virtue (University of Notre Dame Press, 3^rd ed, 2007). See also, Preston, (n 18) 47–51; Parker and Evans, (n 26) 16; David Carr, James Arthur and Kristján Kristjánsson, Varieties of Virtue Ethics (Palgrave Macmillan, 2017).

40 Parker, (n 17) 54.

41 See for example, Harold H Joachim and David A Rees, ‘Aristotle: The Nicomachean Ethics’ (1952) 49(14) Journal of Philosophy 484; Nancy Sherman, The Fabric of Character: Aristotle’s Theory of Virtue (Oxford University Press, 1989).

42 Preston, (n 18) 48.

43 Carol Gilligan, ‘In a Different Voice: Women’s Conceptions of Self and Morality’ (1977) 47 Harvard Educational Review 481; Carol Gilligan, In a Different Voice (Harvard University Press, 1982). See also Preston, (n 18) 45-47; Parker and Evans, (n 26) 49–55.

44 Carol Gilligan, In a Different Voice (Harvard University Press, 1982).

45 Susan Mendus, ‘Different Voices, Still Lives: Problems in the Ethics of Care’ (1993) 10(1) Journal of Applied Philosophy 17, 17.

46 James Q Wilson, ‘The Moral Sense’ (1993) 87(1) American Political Science Review 1; Brenton Faber, ‘Intuitive Ethics: Understanding and Critiquing the Role of Intuition in Ethical Decisions’ (1999) 8(2) Technical Communication Quarterly 189; Jonathan Haidt, ‘The Emotional Dog and its Rational Tail: A Social Intuitionist Approach to Moral Judgment’ (2001) 108(4) Psychological Review 814; Jonathan Haidt and Craig Joseph, ‘Intuitive Ethics: How Innately Prepared Intuitions Generate Culturally Variable Virtues’ (2004) 133(4) Daedalus 55.

47 Haidt and Joseph, (n 46) 56.

48 Charles W Morris, ‘The total-situation theory of ethics’ (1927) 37(3) International Journal of Ethics 258; H Richard Niebuhr, The Responsible Self: An Essay in Christian Moral Philosophy (Harper and Row, 1963); Joseph Fletcher, Situation Ethics (SCM Press Ltd, 1966).

49 Emmanual Levinas, Totality and Infinity: An Essay on Exteriority (Kluwer, 1969).

50 Jean-François Lyotard, The Postmodern Condition: A Report on Knowledge, trans. Geoff Bennington and Brian Massumi (University of Minnesota Press, 1984).

51 Zygmunt Bauman, Postmodern Ethics (Blackwell, 1993); Zygmunt Bauman, Life in Fragments: Essays in Postmodern Moralities (Blackwell, 1995).

52 Fletcher, (n 48) 72.

53 Fletcher, (n 48) 27–8.

54 William H Simon, The Practice of Justice: A Theory of Lawyers’ Ethics (Harvard University Press, 1998) 141.

55 See for example, Helmut R Niebuhr, The Responsible Self: An Essay in Christian Moral Philosophy (Harper and Row, 1963). See also, Jonathan Glover, Responsibility (Routledge and Kegan Paul, 1974).

56 Preston, (n 18) 59.

57 ibid.

58 Preston, (n 18) 62.

59 Parker, (n 17).

60 ibid 1123.

61 Paula Baron, ‘The Elephant in the Room? Lawyer Wellbeing and the Impact of Unethical Behaviours’ (2015) 41(1) Australian Feminist Law Journal 87, 90 referring to Baron Paula ‘Sleight of Hand: Lawyer Distress and the Attribution of Responsibility’ (2014) 23(2) Griffith Law Review 261.

62 See for example, Sheila Slaughter and Larry L Leslie, Academic Capitalism: Politics, Policies, and the Entrepreneurial University (The Johns Hopkins University Press, 1997); John W Meyer and Francisco Ramírez, ‘The World Institutionalization of Education’ in Jürgen Schriewer (ed), Discourse Formation in Comparative Education (Peter Lang Publishers, 2000) 111; Margaret Thornton, ‘Among the Ruins: Law in the Neo-Liberal Academy’ (2001) 20 Windsor Year Book of Access to Justice 3; Margaret Thornton, ‘Neoliberal Melancholia: The Case of Feminist Legal Scholarship’ (2004) 20(1) Australian Feminist Law Journal 7–22; Margaret Thornton, ‘The Law School, the Market and the New Knowledge Economy’ (2007) 17 Legal Education Review 1; Darla Twale and Barbara De Luca, Faculty Incivility: The Rise of the Academic Bully Culture and What to Do About It (Jossey-Bass, 2008); Margaret Thornton, Privatising the Public University: The Case of Law (Routledge, 2011); Richard Hil, Whackademia: An Insider’s Account of the Troubled University (NewSouth Publishing, 2012); Paula Baron, ‘A Dangerous Cult: Response to the Effect of the Market on Legal Education’ (2013) 23 Legal Education Review 273; Paula Baron, ‘Working the Clock: The Academic Body on Neoliberal Time’ (2014) 4(2) Somatechnics 253; Nikki Sullivan and Jane Simon, ‘Academic Work Cultures: Somatic Crisis in the Enterprise University’ (2014) 4(2) Somatechnics 205; Richard Collier, ‘“Love Law, Love Life”: Neoliberalism, Wellbeing and Gender in the Legal Profession - The Case of Law School’ (2014) 17(2) Legal Ethics 202; Richard Hil, Selling Students Short: Why You Won’t Get the University Education You Deserve (Allen & Unwin, 2015); Jeffrey R Di Leo, Academe Degree Zero: Reconsidering the Politics of Higher Education (Routledge, 2015); Margaret Thornton, ‘Law student wellbeing: A neoliberal conundrum’ (2016) 58(2) Australian Universities Review 42; Ivar Bleiklie, ‘New Public Management or Neoliberalism, Higher Education’ in JC Shin and P Teixeira (eds), Encyclopedia of International Higher Education Systems and Institutions (Springer, 2018); Catherine Manathunga and Dorothy Bottrell (eds), Resisting Neoliberalism in Higher Education Volume II (Palgrave Macmillan, 2019); Simon Baker, ‘Outdated university rules protect harassers and bullies’ Times Higher Education, June 26, 2019.

63 Parker, (n 17) 1136.

64 Baron, ‘The Elephant in the Room?’ (n 61) 90.

65 For recent international research into the legal profession, see Kieran Pender, Us Too: Bullying and Sexual Harassment in the Legal Profession, IBA, 2019, <https://www.ibanet.org/bullying-and-sexual-harassment.aspx> accessed 18 June 2020.

66 See, for example, the influential work of Larry Krieger, much of which is grounded in self-determination theory: see the Krieger citations (n 6) and also Lawrence S Krieger, ‘Psychological Insights: Why our Students and Graduates Suffer, and What we Might do About It’ (2002) 1 Journal of the Association of Legal Writing Directors 258; Lawrence S Krieger, ‘The Inseparability of Professionalism and Personal Satisfaction: Perspectives on Values, Integrity and Happiness’ (2004) 11 Clinical Law Review 425; Kennon M Sheldon and Lawrence S Krieger, ‘Understanding the Negative Effects of Legal Education on Law Students: A Longitudinal Test of Self-Determination Theory’ (2007) 33(6) Personality and Social Psychology Bulletin 883; Lawrence S Krieger, ‘The Most Ethical of People, the Least Ethical of People: Proposing Self-Determination Theory to Measure Professional Character Formation’ (2010) 8 University of St. Thomas Law Journal 168; Kennon M Sheldon and Lawrence S Krieger, ‘Walking the Talk: Value Importance, Value Enactment, and Wellbeing’ (2014) 38(5) Motivation and Emotion 609; Kennon M Sheldon and Lawrence S Krieger, ‘Service Job Lawyers are Happier than Money Job Lawyers, Despite their Lower Income’ (2014) 9(3) The Journal of Positive Psychology 219; Lawrence S Krieger and Kennon M Sheldon, ‘What Makes Lawyers Happy: A Data-Driven Prescription to Redefine Professional Success’ (2015) 83(2) George Washington Law Review 554. See also, Michael H Schwartz, ‘Humanizing Legal Education: An Introduction to a Symposium Whose Time Came’ (2008) 47(2) Washburn Law Journal 235; Katherine Lindsay and others, ‘“Oh, the Places You’ll Go!”: Newcastle Law School’s Partnership Interventions for Wellbeing in First Year Law’ (2015) 8(2) Journal of Learning Design 11; Wendy Larcombe, ‘Towards an Integrated, Whole-School Approach to Promoting Law Student Wellbeing’ in Rachael Field, James Duffy and Colin James, Promoting Law Student and Lawyer Wellbeing in Australia and Beyond (Routledge, 2016) 40; Edward L Deci, Anja H Olafsen and Richard M Ryan, ‘Self-Determination Theory in Work Organizations: The State of a Science’ (2017) 4 Annual Review of Organizational Psychology and Organizational Behavior 19.

67 SDT’s five sub-theories of motivation and human behaviour are: Cognitive Evaluation Theory, Organismic Integration Theory, Causality Orientations Theory, Basic Needs Theory, and Goal Content Theory. See Maarten Vansteenkiste, Christopher P Niemiec and Bart Soenens, ‘The Development of the Five Mini-Theories of Self-Determination Theory: An Historical Overview, Emerging Trends, and Future Directions’ in Timothy C Urdan and Stuart A Karabenick (eds), The Decade Ahead: Theoretical Perspectives on Motivation and Achievement (Emerald Group Publishing Limited 2010) 105.

68 See for example, Edward L Deci, ‘Effects of Externally Mediated Rewards on Intrinsic Motivation’ (1971) 18(1) Journal of Personality and Social Psychology 105; Edward L Deci, ‘The Effects of Contingent and Noncontingent Rewards and Controls on Intrinsic Motivation’ (1972) 8(2) Organizational Behavior and Human Performance 217; Edward L Deci, ‘Intrinsic Motivation, Extrinsic Reinforcement, and Inequity’ (1972) 22(1) Journal of Personality and Social Psychology 113; Edward L Deci, ‘Notes on the Theory and Metatheory of Intrinsic Motivation’ (1976) 15(1) Organizational Behavior and Human Performance 130; Edward L Deci and Richard M Ryan, ‘The Empirical Exploration of Intrinsic Motivational Processes’ (1980) 13 Advances in Experimental Social Psychology 39; Edward L Deci, The Psychology of Self-Determination (Free Press, 1980); Edward L Deci and Richard M Ryan, Curiosity and Self-Directed Learning: The Role of Motivation in Education (ERIC Clearinghouse on Elementary and Early Childhood Education, 1981); Edward L Deci and others, ‘An Instrument to Assess Adults’ Orientations Toward Control Versus Autonomy With Children: Reflections on Intrinsic Motivation and Perceived Competence’ (1981) 73(5) Journal of Educational Psychology 642; Edward L Deci and others, ‘When Trying to Win: Competition and Intrinsic Motivation’ (1981) 7(1) Personality and Social Psychology Bulletin 79; Carl A Benware and Edward L Deci, ‘Quality of Learning with an Active Versus Passive Motivational Set’ (1984) 21(4) American Educational Research Journal 755. See also, Miron Zuckerman and others, ‘On the Importance of Self-Determination for Intrinsically-Motivated Behavior’ (1978) 4(3) Personality and Social Psychology Bulletin 443.

69 Edward E Deci and Richard M Ryan, Intrinsic Motivation and Self-Determination in Human Behaviour (Springer Science & Business Media, 1985). See also, Edward Deci and Richard Ryan (eds) Handbook of Self Determination Research (University of Rochester Press, 2002).

70 For a useful repository of the areas in which this theory has been applied and developed see <www.selfdeterminationtheory.org> accessed 18 June 2020.

71 See for example, Edward L Deci and Richard M Ryan, ‘The “What” and “Why” of Goal Pursuits: Human Needs and the Self-Determination of Behavior’ (2000) 11(4) Psychological Inquiry 227; Richard M Ryan and Edward L Deci, ‘Self-Determination Theory and the Facilitation of Intrinsic Motivation, Social Development, and Wellbeing’ (2000) 55 American Psychologist 68; Kennon M Sheldon and Lawrence S Krieger, ‘Understanding the Negative Effects of Legal Education on Law Students: A Longitudinal Test of Self-Determination Theory’ (2007) 33(6) Personality and Social Psychology Bulletin 883; Richard M Ryan and Edward L Deci, ‘Self-Determination Theory and the Role of Basic Psychological Needs in Personality and the Organization of Behavior’ in Oliver P John, Richard W Robins and Lawrence A Pervin (eds), Handbook of Personality: Theory and Research (Guilford Press, 3^rd ed, 2008) 654; Christopher Niemiec, Richard Ryan and Edward Deci, ‘Self-Determination Theory and the Relation of Autonomy to Self-Regulatory Processes and Personality Development’ in Rick Hoyle (ed), Handbook of Personality and Self-Regulation (Wiley-Blackwell, 2010) 169; Lawrence S Krieger, ‘The Most Ethical of People, the Least Ethical of People: Proposing Self-Determination Theory to Measure Professional Character Formation’ (2011) 8 University of St Thomas Law Journal 168; Edward L Deci and Richard M Ryan, ‘Motivation, Personality, and Development within Embedded Social Contexts: An Overview of Self-Determination Theory’ in Richard M Ryan (ed), Oxford Handbook of Human Motivation (Oxford University Press, 2012) 85; Edward L Deci and Richard M Ryan, ‘Optimizing Students’ Motivation in the Era of Testing and Pressure: A Self-Determination Theory Perspective’ in Woon Chia Liu, John Chee Keng Wang and Richard M Ryan, Building Autonomous Learners: Perspectives from Research and Practice using Self-Determination Theory (Springer, 2016) 9–29,10; Edward L Deci, Anja H Olafsen and Richard M Ryan, ‘Self-Determination Theory in Work Organizations: The State of a Science’ (2017) 4 Annual Review of Organizational Psychology and Organizational Behavior 19; Richard M Ryan and Edward L Deci, Self-Determination Theory: Basic Psychological Needs in Motivation, Development, and Wellness (Guilford Publishing, 2017).

72 Christopher Niemiec, Richard Ryan and Edward Deci, ‘Self-Determination Theory and the Relation of Autonomy to Self-Regulatory Processes and Personality Development’ in Rick Hoyle (ed), Handbook of Personality and Self-Regulation (Wiley-Blackwell, 2010) 169, 174 and 175.

73 Deci and Ryan, (n 71) 263.

74 Vansteenkiste, Niemiec and Soenens, (n 67) 131.

75 Richard M Ryan and Edward L Deci, ‘Self-Determination Theory and the Role of Basic Psychological Needs in Personality and the Organization of Behavior’ in Oliver P John, Richard W Robins and Lawrence A Pervin (eds) Handbook of Personality: Theory and Research (Guilford Press, 3^rd ed, 2008) 654.

76 Albert Bandura, ‘Social Cognitive Theory: An Agentic Perspective’ (2001) 52(1) Annual Review of Psychology 1.

77 Christopher Niemiec, Richard Ryan and Edward Deci, ‘Self-Determination Theory and the Relation of Autonomy to Self-Regulatory Processes and Personality Development’ in Rick Hoyle (ed), Handbook of Personality and Self-Regulation (Wiley-Blackwell, 2010) 169, 176.

78 Vansteenkiste, Niemiec and Soenens, (n 67) 131–2.

79 Lawrence S Krieger, ‘The Most Ethical of People, the Least Ethical of People: Proposing Self-Determination Theory to Measure Professional Character Formation’ (2011) 8 University of St. Thomas Law Journal 168, 172.

80 Vansteenkiste, Niemiec and Soenens, (n 67) 131–2.

81 Niemiec, Ryan and Deci, (n 72) 176; Krieger, (n 71) 172.

82 Vansteenkiste, Niemiec and Soenens, (n 67) 131–2.

83 Kennon M Sheldon and Lawrence S Krieger, ‘Understanding the Negative Effects of Legal Education on Law Students: A Longitudinal Test of Self-Determination Theory’ (2007) 33(6) Personality and Social Psychology Bulletin 883, 885.

84 Lawrence S Krieger and Kennon M Sheldon, ‘What Makes Lawyers Happy? Transcending the Anecdotes with Data from 6200 Lawyers’ (2015) 83 George Washington Law Review 554, 565.

85 Richard M Ryan and Edward L Deci, ‘Self-Determination Theory and the Role of Basic Psychological Needs in Personality and the Organization of Behavior’ in Oliver P John, Richard W Robins and Lawrence A Pervin (eds) Handbook of Personality: Theory and Research (Guilford Press, 3^rd ed, 2008) 654, 660–1; Edward Deci and Richard Ryan (eds) Handbook of Self Determination Research (University of Rochester Press, 2002).

86 Sheldon and Krieger, (n 5) 264.

87 ibid.

88 Edward L Deci and others, ‘Self-Determination Theory: An Approach to Human Motivation and Personality’ (2013) <http://www.selfdeterminationtheory.org/theory> accessed 18 June 2020.

89 Sheldon and Krieger, (n 5) 264.

90 Richard M Ryan and others, ‘The American Dream in Russia: Extrinsic Aspirations and Wellbeing in Two Cultures’ (1999) 25(12) Personality and Social Psychology Bulletin 1509.

91 Richard M Ryan and Edward L Deci, ‘Self-Determination Theory and the Facilitation of Intrinsic Motivation, Social Development and Wellbeing’ (2000) 55(1) American Psychologist 68.

92 Krieger and Sheldon, (n 71) 579.

93 Deci and Ryan, (n 71) 227.

94 Krieger and Sheldon, (n 71) 566.

95 ibid 567.

96 Sally Kift, ‘21st Century Climate for Change: Curriculum Design for Quality Learning Engagement in Law’ (2008) 18 Legal Education Review 1, 18.

97 William Sullivan and others, Educating Lawyers: Preparation of the Profession of Law (2007) (the ‘Carnegie Report’).

98 Hess, (n 5).

99 Baik and others, (n 1) 13.

100 ibid.

101 ibid.

102 Baik and others, (n 1) 13.

103 ibid.

104 ibid.

105 ibid.

106 ibid.

107 ibid.

108 ibid.

109 See also, Anna Huggins, ‘The Threshold Learning Outcome on Self-Management for the Bachelor of Laws degree: A Proposed Focus for Teaching Strategies in the First Year Law Curriculum’ (2011) 2(2) International Journal of the First Year in Higher Education 23; Anna Huggins, Sally Kift and Rachael Field, ‘Implementing the Self-Management Threshold Learning Outcome for Law: Some International Design Strategies from the Current Curriculum Toolbox’ (2011) 21 Legal Education Review 183; Anna Huggins, ‘Autonomy Supportive Curriculum Design: A Salient Factor in Promoting Law Students’ Wellbeing’ (2012) 35 UNSW Law Journal 683; Alex Steel, Julian Laurens and Anna Huggins, ‘Class Participation as a Learning and Assessment Strategy in Law: Facilitating Students’ Engagement, Skills Development and Deep Learning’ (2013) 36 UNSW Law Journal 30.

110 Baik and others, (n 1) 13.

111 ibid.

112 See Law Admissions Consultative Committee (LACC), Model Admission Rules 2015 (Revised 2016) <https://www.lawcouncil.asn.au/resources/law-admissions-consultative-committee> accessed 18 June2020. See also generally for other relevant resources, Law Admissions Consultative Committee, Law Council of Australia, <https://www.lawcouncil.asn.au/resources/law-admissions-consultative-committee> accessed 18 June 2020.

113 The Priestley 11 subjects are: Administrative Law, Civil Dispute Resolution, Company Law, Contracts, Criminal Law and Procedure, Equity (including Trusts), Ethics and Professional, Responsibility, Evidence, Federal and State Constitutional Law, Property and Torts.

114 These are: Criminal Law, Equity and Trusts, Law of the European Union, Obligations 1 (Contract), Obligations 2 (Tort), Property/Land law, Public Law (Constitutional Law, Administrative Law and Human Rights Law). See <https://www.barstandardsboard.org.uk/training-qualification/becoming-a-barrister/academic-component.html> accessed 18 June 2020.

115 These proposals are yet to achieve final approval. For details see <https://www.sra.org.uk/sra/policy/sqe/> accessed 18 June 2020.

116 See <https://www.qaa.ac.uk/docs/qaa/subject-benchmark-statements/subject-benchmark-statement-law.pdf?sfvrsn=b939c881_16> accessed 18 June 2020.

117 See for example, Neil Hamilton and Verna Monson, ‘Legal Education’s Ethical Challenge: Empirical Research on How Most Effectively to Foster Each Student’s Professional Formation (Professionalism)’ (2011) 9 University of St Thomas Law Journal 325; Rachael Field, James Duffy and Anna Huggins, ‘Supporting Transition to Law School and Student Wellbeing: The Role of Professional Legal Identity’ (2013) 4(2) First Year in Higher Education International Journal 15; Kate Galloway and Peter Jones, ‘Guarding our Identities: The Dilemma of Transformation in the Legal Academy’ (2014) 14 QUT Law Review 15; Caroline Strevens and Rachael Field (eds), Educating for Wellbeing: Positive Professional Identities and Practice (Routledge, 2019); Rachael Field, James Duffy and Anna Huggins, Lawyering and Positive Professional Identities (LexisNexis, 2^nd ed, 2020).

118 Rachael Field and James Duffy, ‘Law Student Psychological Distress, Alternative Dispute Resolution, and Sweet-Minded, Sweet-Eyed Hope’ (2012) Australasian Dispute Resolution Journal 195; Rachael Field and James Duffy, ‘Better to Light a Single Candle than to Curse the Darkness: Promoting Law Student Wellbeing through a First Year Law Subject’ (2012) 12 (2) QUT Law and Justice Journal 133; Tania Sourdin, ‘Not Teaching ADR in Law Schools? Implications for Law Students, Clients and the ADR Field’ (2012) 23(3) Australasian Dispute Resolution Journal 148; Kathy Douglas and Rachael Field, ‘Teaching Non-Adversarial Practice in the First Year of Law: A Proposed Strategy for Addressing High Levels of Psychological Distress in Law Students’ 14th Pacific Rim First Year in Higher Education Conference, Fremantle, June 28 –July 1, 2011; Rachael Field and Alpana Roy, ‘A Compulsory Dispute Resolution Capstone Subject: An Important Inclusion in a 21st Century Australian Law Curriculum’ (2017) 27(1) Legal Education Review 73.

119 See, for example, the work of Vivienne Holmes, Tony Foley and Stephen Tang,‘Practising Professionalism: Observations from an Empirical Study of New Australian Lawyers’ (2012) 15 Legal Ethics 29; Vivien Holmes, ‘“Giving Voice to Values”: Enhancing Students’ Capacity to Cope with Ethical Challenges in Legal Practice.’ (2015) 18 Legal Ethics 115. See also, Lawrence S Krieger, ‘The Inseparability of Professionalism and Personal Satisfaction: Perspectives on Values, Integrity and Happiness’ (2004) 11 Clinical Law Review 425; J David Creswell and others, ‘Affirmation of Personal Values Buffers Neuroendocrine and Psychological Stress Responses’ (2005) 16 Psychological Science 846; Terence Lovat, Neville Clement and Ron Toomey (eds), International Research Handbook on Values Education and Student Wellbeing (Springer, 2010); Paul Maharg and Caroline Maughan (eds), Emerging Legal Learning: Affect and Legal Education: Emotion in the Learning and Teaching the Law (Ashgate, 2011); Nigel Duncan and Susan L Kay, ‘Addressing Lawyer Competence, Ethics and Professionalism’ in Frank S Bloch (eds), The Global Clinical Movement: Educating Lawyers for Social Justice, (OUP 2011) 183–95; Kennon M Sheldon and Lawrence S Krieger, ‘Walking the Talk: Value Importance, Value Enactment, and Wellbeing’ (2014) 38 Motivation and Emotion 609; Tigran W Eldred, ‘Insights from Psychology: Teaching Behavioral Legal Ethics as a Core Element of Professional Responsibility’ (2016) Michigan State Law Review 757; Ines Trindade and others, ‘Clarity of Personal Values and Committed Action: Development of a Shorter Engaged Living Scale’ (2016) 38 Journal of Psychopathology and Behavioral Assessment 258; Richard Moorhead and others, ‘The Ethical Identity of Law Students’ (2016) 23 International Journal of the Legal Profession 235; Anna Cody, ‘Developing Students’ Sense of Autonomy, Competence and Purpose Through a Clinical Component in Ethics Teaching’ (2019) 29 Legal Education Review 1.

120 Rachael Field and Jan HF Meyer, ‘Threshold Capabilities as a Foundational for Student Learning Success through Wellbeing’ in Emma Jones and Fiona Cownie (eds), Key Directions in Legal Education (Routledge, 2020) ch 10. See also, Rebecca Huxley-Binns, ‘Tripping over Thresholds: A Reflection on Legal Andragogy’ (2016) 50(1) The Law Teacher 1; Jan Meyer and Ray Land, Threshold Concepts and Troublesome Knowledge: Linkages to Ways of Thinking and Practising within the Disciplines, Occasional Report 4 (2003) University of Edinburgh Centre for Teaching, Learning and Assessment <http://www.tla.ed.ac.uk/etl/docs/ETLreport4.pdf> accessed 18 June 2020: ‘A threshold concept can be considered as akin to a portal, opening up a new and previously inaccessible way of thinking about something … . It represents a transformed way of understanding, or interpreting, or viewing something without which the learner cannot progress’. Examples of threshold concepts in law that might be considered transformative could include, for example, the notion of equitable title, the skill of legal analysis and attribute of ‘thinking like a lawyer’.

121 Sally Kift, Mark Israel and Rachael Field, Learning and Teaching Academic Standards Project: Bachelor of Laws Learning and Teaching Academic Standards Statement December 2010 (Australian Learning and Teaching Council, 2011) https://cald.asn.au/wp-content/uploads/2017/11/KiftetalLTASStandardsStatement2010.pdf accessed 18 June 2020. See also, Judith McNamara, Rachael Field and Catherine Brown, ‘Learning to Reflect in the First Year of Legal Education: The Key to Surviving Legal Education and Legal Practice’, Paper Presented at the 12th Pacific Rim First Year in Higher Education Conference, Townsville, June 29–July 1, 2009.

122 Rachael Field, James Duffy and Anna Huggins, ‘Teaching Independent Learning Skills in the First Year: A Positive Psychology Strategy for Promoting Law Student Wellbeing’ (2015) 8(2) Journal of Learning Design 1.

123 See Kift, (n 96); David Weisbrot, ‘What Lawyers Need to Know, What Lawyers Need to be Able to Do: ‘An Australian Experience’ (2001) Journal of the Association of Legal Writing Directors 21. See also, Nickolas James, ‘Expertise as Privilege: Australian Legal Education and the Persistent Emphasis Upon Doctrine’ (2004) 8 University of Western Sydney Law Review 1; David Weisbrot, ‘Taking Skills Seriously: Reforming Australian Legal Education’ (2004) 29(6) Alternative Law Journal 266; Paul O’shea, ‘The Complete Law School: Avoiding the Production of “Half-Lawyers”’ (2004) 29(6) Alternative Law Journal 272; Elizabeth Handsley, Gary Davis and Mark Israel, ‘Law School Lemonade: Or Can You Turn External Pressures into Educational Advantages?’ (2005) 14(1) Griffith Law Review 108; Nickolas James, ‘The Marginalisation of Radical Discourses in Australian Legal Education’ (2006) 16 Legal Education Review 55; Donna Cooper and others, ‘The Emergence of the JD in the Australian Legal Education Marketplace and its Impact on Academic Standards’ (2011) 21 Legal Education Review 23; Kate Galloway and Peter Jones, ‘Guarding our Identities: The Dilemma of Transformation in the Legal Academy’ (2014) 14 QUT Law Review 15; Anna Huggins, ‘Incremental and Inevitable: Contextualising the Threshold Learning Outcomes for Law’ (2015) 38(1) UNSW Law Journal 264; Collins (n 32); Field and Roy (n 32); Simon Rice, ‘Why Prescriptive Legal Education Demands Critical Perspectives’ in Kevin Lindgren, François Kunc and Michael Coper (eds), The Future of Australian Legal Education: A Collection (Lawbook Co, 2018) 217.

124 Rachael Field and Sally Kift, ‘Addressing the High Levels of Psychological Distress in Law Students Through Intentional Assessment and Feedback Design in the First Year Law Curriculum’ (2010) 1(1) International Journal of the First Year in Higher Education 65. See also, Sally Kift, ‘Harnessing Assessment and Feedback to Assure Quality Outcomes for Graduate Capability Development: ‘A Legal Education Case Study’ Paper Presented at the Australian Association for Research in Education (AARE) Conference, Brisbane, 2002.

125 William Sullivan and others, Educating Lawyers: Preparation of the Profession of Law (John Wiley and Sons, 2007) (the ‘Carnegie Report’) 163. See also, Kerri-Lee Harris and Richard James, ‘Facilitating Reflection on Assessment Policies and Practices: A Planning Framework for Educative Review of Assessment’ (2006) 3(2) Studies in Learning, Evaluation, Innovation and Development 23.

126 Kift, (n 96) 10.

127 ibid 19.

128 John Biggs, Aligning Teaching and Assessment to Curriculum (2003) Learning and Teaching Support Network <https://www.heacademy.ac.uk/sites/default/files/resources/id477_aligning_teaching_for_constructing_learning.pdf> accessed 18 June 2020.

129 Mary Keyes and Richard Johnstone, ‘Changing Legal Education: Rhetoric, Reality, and Prospects for the Future’ (2004) 26 Sydney Law Review 537, 539.

130 Kift, (n 96) 23.

131 ibid 23. See also, Kerri-Lee Harris, Guide for Reviewing Assessment (University of Melbourne, Centre for the Study of Higher Education (CSHE), 2005) and Centre for the Study of Higher Education (CSHE), Assessing Learning in Australian Universities: Ideas, Strategies and Resources for Quality in Student Assessment (University of Melbourne, Centre for the Study of Higher Education (CSHE), 2002).

132 Sheldon & Krieger, n. 83.