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A Critical Exploration of Outsider Course Enrollment in Canadian Legal Education Natasha Bakht

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A Critical Exploration of Outsider Course Enrollment in Canadian Legal Education Natasha Bakht Osgoode Hall Law Journal Volume 45, Number 4 (Winter 2007) Article 4 Law and Feminism Guest Editor: Mary Jane Mossman Counting Outsiders: A Critical Exploration of Outsider Course Enrollment in Canadian Legal Education Natasha Bakht Kim Brooks Gillian Calder Jennifer Koshan Sonia Lawrence Osgoode Hall Law School of York University, [email protected] See next page for additional authors Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj Part of the Legal Education Commons Special Issue Article Citation Information Bakht, Natasha; Brooks, Kim; Calder, Gillian; Koshan, Jennifer; Lawrence, Sonia; Mathen, Carissima; and Parkes, Debra. "Counting Outsiders: A Critical Exploration of Outsider Course Enrollment in Canadian Legal Education." Osgoode Hall Law Journal 45.4 (2007) : 667-732. http://digitalcommons.osgoode.yorku.ca/ohlj/vol45/iss4/4 This Special Issue Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. Counting Outsiders: A Critical Exploration of Outsider Course Enrollment in Canadian Legal Education Abstract In response to anecdotal concerns that student enrollment in "outsider" courses, and in particular feminist courses, is on the decline in Canadian law schools, the authors explore patterns of course enrollment at seven Canadian law schools. Articulating a definition of "outsider" that describes those who are members of groups historically lacking power in society, or traditionally outside the realms of fashioning, teaching, and adjudicating the law, the authors document the results of quantitative and qualitative surveys conducted at their respective schools to argue that outsider pedagogy remains a critical component of legal education. The article situates the numerical survey results against both a critical review of the literature on outsider legal pedagogy and detailed explanations of student decision-making in elective courses drawn from student survey responses. Notwithstanding the diversity of the faculties surveyed, the authors conclude the article by highlighting some of the shared and significant findings of the research, paying attention to various identity- based, institutional, and external factors influencing critical course engagement in Canadian law schools today. Keywords Law--Study and teaching--Curricula; Law schools; Canada Authors Natasha Bakht, Kim Brooks, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, and Debra Parkes This special issue article is available in Osgoode Hall Law Journal: http://digitalcommons.osgoode.yorku.ca/ohlj/vol45/iss4/4 COUNTING OUTSIDERS: A CRITICAL EXPLORATION OF OUTSIDER COURSE ENROLLMENT IN CANADIAN LEGAL EDUCATION© NATASHA BAKHT, KIM BROOKS, GILLIAN CALDER, JENNIFER KOSHAN, SONIA LAWRENCE, CARISSIMA MATHEN & DEBRA PARKES * In response to anecdotal concerns that student En reaction Ades anecdotes pr~occupantes selon enrollment in "outsider" courses, and in particular lesquelles le nombre d'inscriptions d'Etudiants des feminist courses, is on the decline in Canadian law cours . marginaux ., et en particulier s des cours sur la schools, the authors explore patterns of course condition feminine, est en chute dans les facult6s de enrollment at seven Canadian law schools. Articulating droit canadiennes, les auteurs approfondissent les a definition of "outsider" that describes those who are sch(mas d'inscription aux cours dans sept facult~s de members of groups historically lacking power in droit canadiennes. Les auteurs formulent une definition society, or traditionally outside the realms of du terme , marginal ,, definition d~crivant les membres fashioning, teaching, and adjudicating the law, the de groupes qui, historiquement, manquent de pouvoir authors document the results of quantitative and dans la soci6t6, ou qui, traditionnellement, se situent qualitative surveys conducted at their respective hors des domaines oil se fagonne, s'enseigne et schools to argue that outsider pedagogy remains a s'applique le droit. Ensuite, les auteurs documentent critical component of legal education. The article les r~sultats de sondages quantitatifs et qualitatifs situates the numerical survey results against both a r~alis~s dans leurs facult6s respectives, pour avancer critical review of the literature on outsider legal que la p~dagogie marginale demeure une composante pedagogy and detailed explanations of student critique de l'6ducation juridique. L'article resitue les decision-making in elective courses drawn from chiffres resultant do sondage autant par rapport une © 2007, N. Bakht, K. Brooks, G. Calder, J. Koshan, S. Lawrence, C. Mathen, D. Parkes. Bringing together the material for this article, and particularly the school-specific data, took a good deal of time and attention to detail. We are grateful for the hard work of Karen Argento, Allison Brown, Chantal ForE, Chrystine Frank, Mark Hamilton, Shauna Labman, Yvonne Lawson, Linda Legault, Stephanie Mayor, Susan Morin, Rosa Muller, Deborah Needley, Catherine Nowak, Wayne Silliker, Linda Skoropata, Jonathan Tong, Lorna Turnbull, John Williamson, Karen Willoughby, and Hadielia Yassiri. We thank Anjali Coyle for her work as the student coordinator for this project, Bill Mercer and Tracey Peter for their assistance in the preparation and analysis of the quantitative data, and Grant Hughes for his research assistance in the final stages of the project. Previous versions of this article were presented at the University of Toronto Faculty of Law Diversity Workshop in March 2007, the Canadian Law and Society Association Annual Meetings in Saskatoon in June 2007, the Law and Society Association Annual Meetings in Berlin in July 2007, the Osgoode Hall Law School Feminist Fridays Series in September 2007, and at the University of Victoria Faculty of Law in September 2007. We thank all participants at these presentations for their comments, suggestions, and engagement. In addition, the following people provided useful feedback on drafts of the manuscript: Constance Backhouse, Nigel Bankes, Susan B. Boyd, Karen Busby, Rosemary Cairns-Way, Janice Cheney, Myron Gochnauer, Shin Imai, Jonnette Watson Hamilton, and the editors of the Osgoode Hall Law Journal. Finally, this project would not have been possible without the support of a scholarship arranged through UBC's Faculty Certificate Program and through funds provided by UBC Law's Faculty Scholar award. 668 OSGOODE HALL LAW JOURNAL [VOL. 45, NO. 4 student survey responses. Notwithstanding the revue critique de la documentation sur la prdagogie diversity of the faculties surveyed, the authors juridique marginale, que par rapport aux explications conclude the article by highlighting some of the shared d6tailldes des prises de decision des 6tudiants A des and significant findings of the research, paying cours A option, tirees des r6ponses des 6tudiants au attention to various identity-based, institutional, and sondage. En d~pit de la diversit6 des facultrs external factors influencing critical course engagement analys~es, les auteurs terminent I'article en attirant in Canadian law schools today. notre attention sur certaines constatations communes et 6loquentes de la recherche, et en soulignant les divers facteurs bases sur l'identit6, institutionnels et externes qui influencent aujourd'hui l'inscription Ades cours critiques dans les facultrs de droit canadiennes. I. WHAT IS OUTSIDER PEDAGOGY AND WHAT ARE O U TSID ER CO U R SES? ..................................................................................... 671 II. WHY DOES OUTSIDER PEDAGOGY AND STUDENT ENROLLMENT IN SUCH COURSES MATTER? ......................................... 674 A. OutsiderPedagogy Treats Outsider Groups as Important..................... 674 B. OutsiderPedagogy Raises the Profile and Influence of Outsidersin the Law School ..................................................................... 676 C. OutsiderPedagogy Ensures that Outsiders'LegalIssues are Somewhere on the Law School Agenda ................................................... 678 D. Recruiting OutsiderFaculty May Have Important Ripple Effects for La w Schools ............................................................................. 681 E. OutsiderPedagogy Contextualizes Law and ChallengesIts Claim to N eutrality................................................................................................... 682 F. OutsiderPedagogy Raises the Profile of Alternative Methods and Provides Opportunitiesfor Active Learningand Participation.............. 686 III. HAS ENROLLMENT IN OUTSIDER COURSES DECLINED? .................. 692 A . School-Specific Trends .............................................................................. 693 B. GeneralEnrollm ent Trends ...................................................................... 698 1. Trends in Enrollment in Feminist Courses ................................. 698 2. Trends in Enrollment in Other Outsider Courses ...................... 699 IV. WHY DO STUDENTS CHOOSE (OR AVOID) OUTSIDER COURSES? ... 700 A . Student Survey ........................................................................................... 700 1. D em ographics., .............................................................................. 703 2. Findings .......................................................................................... 704 3. Identity and Interest in Outsider Courses ..................................
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