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      • HARVEST
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      OPERATIONALIZING AND ASSESSING REFLECTIVE EXERCISES IN LEGAL EDUCATION: TOWARDS A PEDAGOGY OF REFLECTIVE PRACTICE

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      LOWENBERGER-THESIS-2018.pdf (2.482Mb)
      Date
      2018-01-29
      Author
      Lowenberger, Brea Teneal 1987-
      ORCID
      0000-0002-5859-5364
      Type
      Thesis
      Degree Level
      Masters
      Metadata
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      Abstract
      This thesis examines the understudied topic of operationalizing and assessing reflective practice in undergraduate legal education and the promise that this type of teaching and learning framework has to improve the legal profession and justice system in a myriad of ways. The purpose of the inquiry is to advance research on the topic and to take steps toward establishing a pedagogy of reflective practice in legal education. The research approach taken was thus pragmatic and utilization-focused as the findings are intended to be helpful and actionable for legal educators. In Chapter 1, I acknowledge the context of the current and longstanding debate on what the purpose of university-based legal education is. I draw from the literature to describe three predominant visions within the debate and explain how building a ‘reflective muscle’ starting in law school is necessary to achieve each of the visions, and as a result the promise of reflective judgment skills should be carefully considered by legal education stakeholders. I also summarize the history of reflective practice and assessment of it in legal education. Next, in Chapter 2, I introduce and analyze the overlap among three reflective practice models that are associated with legal education. While the focus is on three models that are associated with legal education, much could be learned from other models in future research. In Chapter 3, I describe and map onto a ‘Pedagogic Field’ the reflective practice exercises associated with each of the three models, to establish a ‘Working Operationalization’ of reflective practice in undergraduate legal education. Chapter 4 moves to the assessment topic, to highlight concerns and considerations that should be taken into account in evaluating reflective practice exercises. A ‘Working List of Considerations’ is developed based on related scholarship both within and outside of law. Finally, Chapter 5 focuses on the promise of using scoring rubrics to encourage deeper critical and creative reflection among law students, as opposed to surface level learning or strategic engagement. The results and the significance of this thesis are two-fold. First, a summary and analysis of the overlap among reflective practice models and exercises is undertaken, which establishes, as stated above, a synthesized Working Operationalization, using a Pedagogic Field. Second, the hope is that the Working List of Considerations for assessing reflective practice exercises summarized and analyzed from the literature will be a helpful contribution to the field.
      Degree
      Master of Laws (LL.M.)
      Department
      Law
      Program
      Law
      Supervisor
      Keet, Michaela
      Committee
      Buhler, Sarah; Cotter, Brent; Walker, Keith
      Copyright Date
      June 2018
      URI
      http://hdl.handle.net/10388/8375
      Subject
      reflective practice
      legal education
      teaching and learning
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      • Electronic Theses and Dissertations
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