04 by niusheng11


									 Continuing & Post-graduate
education in Computers & Law

          Joseph A. Cannataci
           Mireille M. Caruana
        Jeanne P. Mifsud Bonnici

        Law & IT Research Unit
          University of Malta
      General Observations
• No need to re-invent the wheel (Build on
  existing consensus)
• The Tuning Template as currently
  formulated is NOT designed to harmonise
  continuing education and its structure
  needs to be modified
• It does not appear sensible to divorce
  continuing education from other forms of
  provision of education in computers and
• 9 “Concrete Proposals”
       Building on consensus
• Unlike many other areas of formal education, in
  the field of Computers & Law there exist previous
  attempts at harmonisation at European level
• Council of Europe Recommendation R(80)3
• Council of Europe Recommendation R(92)15
• These represent coherent attempts at “least
  common denominator” approach to setting
  minimum standards of teaching in Computers &
           A European stimulus?

• Recommendation R(80)3 Council of Europe
• Spurt & Discussion / Trial & Error Period
   –   Nelson report
   –   Belfast – LEXICAL at Queen’s University
   –   Jackson Group
   –   BILETA
   –   LTC
• Recommendation R(92) 15 Council of Europe
   –   Sweden – Peter Seipel
   –   Norway – Jon Bing
   –   Germany-Herbert Fiedler
   –   Italy- Ettore Giannantonio
   –   UK-Richard Jones
    The process behind consensus
•   Review of a ten year old Recommendation
•   Process commences in 1989
•   Completed in 1992
•   LEFIS can take advantage of experienced
    pioneers used in 1989-1992 review cycle
    (3 of whom were present in BILETA2006 –
    LEFIS: Bing, Cannataci, Jones)
          Concrete Proposal No. 1
            re Tuning Template
• “Introduction to the Subject Area” is the first field
  in the Tuning Template
• LITRU proposes that this be completed by
   –   Adopting text of Recommendation R(92)15
   –   Adapting text of R(92)15 to reflect changes
   –   Principal changes deal with Internet Law
   –   And use of Internet as a research tool
   –   The use of wireless telecommunications
• A drafting group of WG3 (not more than 3
  members) by e-mail draft the amendments to
  this first field in the Tuning Template
   Objectives vs. target audiences
      “Map of the professions”
• The pedagogical objectives of both post-
  graduate and continuing education are largely
  the same
  – Keeping law practitioners up-dated with the legal
    applications and implications of technology
• The target audiences and means of delivery
  may be different
  – “Freshmen” vs. Up-grading of existing resources
  – Part-time vs. full-time
  – Distance learning vs. (or complementing) on-site
       Concrete proposal No.2
     Identifying target audiences
• The current Tuning template is too
  restrictively intended for 1st, 2nd & 3rd cycle
• There is no real intention to provide for
  continuing education
• This requires an agreed definition of
  continuing education (Is this synonymous
  to Continuing Professional Development?)
• The target audiences must be identified
  (practising solicitors, barristers, judges,
  legal administrators, in-house lawyers)
    Defining characteristics of
     Continuing Education:
 Dimensions of Time & Modularity
• Rarely full-time
• When full-time, delivered in a short, sharp
  burst i.e. a “full-immersion” course of a few
  days or, maximum, a few weeks.
• Often part-time and delivered in once-or
  twice weekly evening sessions or a series
  of week-end sessions (often
  complemented by distance learning)
• Up-dating of previously learned materials
• Modularity
 The notion of complementarity
• In most undergraduate Law degrees
  around Europe, Computers & Law is
  taught in modules which complement
  teaching of basic core law modules
• In many post-graduate (2 & 3 cycle)
  degrees around Europe Computers & Law
  is taught as a “stand-alone” subject of
  specialisation which builds upon
  knowledge of core principles in law
     Concrete Proposal No.3
   Complementarity & Modularity
• That the field in the Tuning Template in
  “Role of subject in other degree
  programmes” be described in terms of
• That the susceptibility of the subject to be
  broken down into stand-alone modules Eg.
  Data Protection Law, Computer Crime,
  Software & database protection makes it
  ideal for continuing education “digestible
       Concrete Proposal No.4
          Periodic Review
• The speed of change in Technology Law
  means that the subject needs to be re-
  visited often
• The Tuning Template should therefore
  also deal with the periodicity of the review
  and refreshing of previously learnt
• In line with other instances e.g. R(87)15
  the period of review should probably be
  somewhere in the region of 5-10 years
  (but no later)
A matter of resource-management
• The economics and human resource
  management issues of legal education
  gravitate around Law Schools
• In relative terms there are very few
  examples of legal education which is not
  provided by Law Schools
• Most of the best-qualified teaching
  resources to deliver BOTH or EITHER
  Post-graduate education and Continuing
  Legal Education are to be found in Law
  Schools and currently do so
      Concrete proposal No.5
 Link Post-Graduate & Continuing
• Recognize that the same resources are
  often used to provide BOTH under-
  graduate AND post-graduate education
  AS WELL AS continuing education
• Many of the modules used in
  undergraduate and post-graduate
  education may be used in continuing
    “Harmonised” experiences at the
          University of Malta
•   Erasmus students
•   Exchange & Visiting Professors
•   Visiting Judges
•   LITRU’s current students include
    – 4 German students
    – 1 French student
    – 40 Maltese students
• These follow substantive law courses
  without difficulty
      The subject lends itself to
       & continuing education
• Students can follow same lectures across
  – Data Protection Directive (EU 46/95)
  – Computer Crime (CoE Cybercrime Conv)
  – Database directive
  – Software directive
  – Data retention directive
  – Spam directive
  – Computer contracts
    Concrete Proposal No.6
Transborder Continuing Education
• Many of the modules used may be used
  across borders since much of Computer
  Law across Europe is harmonised
• This improves resource-management
  since expertise in certain areas should be
  shared across nations
• Law schools should be encouraged to
  carry out JOINT Continuing Education
  programmes across borders e.g for judges
  in Cybercrime or internet law
     Concrete Proposal No. 7
   Modularity, Workload & ECTS
• Harmonised with Post-Graduate WG
• Typical ECTS
  – Data Protection & FoI - 4 credits
  – Computer Crime - 4 credits
  – Intellectual Property – 4 credits
  – System Projects & Contract – 4 credits
• Four or five year cycle in continuing
  education to comprise 4 credits per year
     Concrete Proposal No 8
  Continuing Education & Mobility
• Objective: to improve mobility of legal
  professions across Europe
• Provision of legal education to persons
  trained in law in other European
• Use of continuing education to facilitate
  mobility from one jurisdiction to another
• Use of distance learning to deliver
• WG3 sub-group should be tasked to study
  lawyers directive and write it into Tuning
     Concrete Proposal No.9
   Accreditation of Prior Learning
• The modularity of Computer & Law
  subjects lend themselves to accretion of
  credits and substantial build-up of
• The clear definition of modules in
  Continuing Education would then assist
  successful participants to receive
  accreditation for such learning in more
  formal learning structures such as masters
       Some problems ahead
• As Fernando Galindo said, there is no
  real, clearly defined, European POLICY on
  continuing education
• A greater difficulty is the fact that there is
  no Europe-wide common standard for
  requirements for continuing education for
  members of the legal professions
• Requirements may range from X hours per
  year to nothing at all
• Methods of assessment: presence and/or

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