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Articles

Valuing diverse students: an ethical response to building success in first-year law students and broadening the legal profession

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ABSTRACT

Currently, most legal professions are not representative of the communities which they serve. They do not proportionally include diverse members of the community, nor ensure there are diverse practitioners represented in all areas of practice and at senior levels. This impacts on access to justice, a key premise of the law and legal system. One step to make the legal profession more diverse is for law schools to ensure that diverse law students are both admitted and enabled to succeed in their law degrees. While transition to university by diverse students has been analysed over the last 20 years, there remains a disjunct, with students’ cultural capital not being recognised, and students being expected to assimilate into the university, rather than their law studies moulding around them. Using a theoretical model of ‘transition as becoming’, this article analyses first-year law students at Western Sydney University Australia and their responses to a reflection survey. The study identified three key factors which enhance diverse law students’ success: recognising the family, work and caring responsibilities of students; enhancing peer support; and making study expectations explicit. In this way, the curriculum can become a vehicle for ensuring successful transition to law study by diverse students.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 Suanne Gibson and others, ‘“Diversity” “Widening Participation” and “Inclusion” in Higher Education: An International Study’ (2016) 18 Widening Participation & Lifelong Learning 7 <http://ezproxy.uws.edu.au/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=ehh&AN=119836416&site=ehost-live&scope=site> accessed 13 January 2022, 8.

2 Chi Baik and others, ‘Enhancing Student Mental Well-Being: A Handbook for Academic Educators’ (University of Melbourne 2017) Report, 6, citing Chi Baik, Ryan Naylor and Sophie Arkoudis, ‘The First Year Experience in Australian Universities: Findings from Two Decades 1994-2014’ (Melbourne Centre for the Study of Higher Education The University of Melbourne 2015) Report.

3 Maxine Evers, Bronwyn Olliffe and Angela Dwyer, ‘Law’s Not Hard; It’s Just Hard to Get into: A Study of Alternative Entry Students to Law School’ (2017) 51 The Law Teacher 151 <https://www.tandfonline.com/doi/full/10.1080/03069400.2015.1126445> accessed 20 August 2021, 168.

4 See, generally Russell G Pearce and Sinna Nasseri, ‘The Virtue of Low Barriers to Becoming a Lawyer: Promoting Liberal and Democratic Values’ (2012) 19 International Journal of the Legal Profession 357; Avner Levin and Asher Alkoby, ‘Is Access to the Profession Access to Justice? Lessons from Canada’ (2012) 19 International Journal of the Legal Profession 283; Michael Kirby, ‘Leo Cussen Justice Speech: Unmet Legal Needs in Australia: Ten Commandments for Australian Law Schools’ Australian Law Teachers’ Association Conference, La Trobe University, Melbourne Campus (2015), 10–14; Tina McKee and others, ‘The Fairness Project: The Role of Legal Educators as Catalysts for Change. Engaging in Difficult Dialogues on the Impact of Diversity Barriers to Entry and Progression in the Legal Profession’ (2021) 55 The Law Teacher 283, 1–2; Lady Hale, ‘Lord Upjohn Lecture 2021-“When There are 12”: Legal Education and a Diverse Judiciary’ (2021) The Law Teacher 1, 5–6; Dennis Foley, ‘Quadrivum: So You Want to Be a Lawyer?’ (2014) 8 Indigenous Law Bulletin 19; Naveed Khan, ‘An Evolution, Not a Revolution’ (2017) 91 Law Institute Journal 65; Asian Australian Lawyers Association, ‘The Australian Legal Profession: A Snapshot of Asian Australian Diversity in 2015’ (2015) Report.

5 Lizzie Barmes and Kate Malleson, ‘The Legal Profession as Gatekeeper to the Judiciary: Design Faults in Measures to Enhance Diversity’ (2011) 74 The Modern Law Review 245; Hilary Sommerlad and others, ‘Race, Ethnicity, and the Legal Profession’ in Richard L Abel and others (eds), Lawyers in 21st Century Societies: Vol 2: Comparisons and Theories (Hart Publishers 2022); Hilary Sommerlad and others, ‘Diversity in the Legal Profession in England and Wales: A Qualitative Study of Barriers and Individual Choices’ (Legal Services Board 2013).

6 Sommerlad and others, ‘Race, Ethnicity, and the Legal Profession’ (n 5).

7 Hilary Sommerlad and Ole Hammerslev, ‘Lawyers in a New Geopolitical Conjunction, Continuity and Change’ in Richard L Abel and others (eds), Lawyers in 21st Century Societies Vol 1: National Reports (Hart Publishers 2020), 32.

8 Patricia Ewick and Susan S Silbey, The Common Place of Law: Stories from Everyday Life (University of Chicago Press 1998); Susan S Silbey, ‘After Legal Consciousness’ (2005) 1 Annual Review of Law and Social Science 323.

9 Ewick and Silbey (n 8).

10 For a discussion about how disability/ability might impact on the way a client’s narrative is shaped by a law student, see Anna Cody, ‘Changing Law Students’ Ideas about Dis/Ability: Can We? Should We? How Would We?’ (2018) 25 Journal of Law and Medicine 1056.

11 Michelle Anderson, ‘Marital Rape Laws Globally’ in Kersti Yllö and MG Torres (eds), Marital Rape: Consent, Marriage, and Social Change in Global Context. (Oxford University Press 2016); Catharine A MacKinnon, Feminism Unmodified: Discourses on Life and Law (Harvard University Press 1987).

12 Mabo v Queensland (No 2) (1992) 175 CLR 1. In this decision, the legal fiction of ‘terra nullius’ was overturned.

13 Sandra Noakes and Anna Cody, ‘Building a (Self) Reflective Muscle in Diverse First Year Law Students’ (2022) Legal Education Review 69.

14 Trevor Gale and Stephen Parker, ‘Navigating Change: A Typology of Student Transition in Higher Education’ (2014) 39 Studies in Higher Education 734 <http://www.tandfonline.com/doi/abs/10.1080/03075079.2012.721351> accessed 22 August 2021.

15 Hilary Sommerlad, ‘Becoming’a Lawyer: Gender and the Processes of Professional Identity Formation’ in Elizabeth A Sheehy and Sheila McIntyre (eds), Calling for Change: Women, Law, and the Legal Profession (University of Ottawa Press 2006), 166.

16 Michelle Morgan, ‘Student Diversity in Higher Education’ in Michelle Morgan (ed), Supporting Student Diversity in Higher Education : A Practical Guide (Taylor & Francis Group 2013), 11.

17 Morgan (n 16), 11; Ethel Chung, Deborah Turnbull and Anna Chur-Hansen, ‘Differences in Resilience Between “Traditional” and “Non-Traditional” University Students’ (2017) 18 Active Learning in Higher Education 77 <http://journals.sagepub.com/doi/10.1177/1469787417693493> accessed 29 August 2021, 79.

18 Lisa Thomas and Jennifer Heath, ‘Institutional Wide Implementation of Key Advice for Socially Inclusive Teaching in Higher Education. A Practice Report’ (2014) 5 The International Journal of the First Year in Higher Education 125 <https://fyhejournal.com/article/view/206> accessed 29 August 2021, 126; Chung, Turnbull and Chur-Hansen (n 17), 79, citing Karen A Kim and others, ‘Redefining Nontraditional Students: Exploring the Self-Perceptions of Community College Students’ (2010) 34 Community College Journal of Research and Practice 402.

19 Digby Warren, ‘Curriculum Design in a Context of Widening Participation in Higher Education’ (2002) 1 Arts & Humanities in Higher Education 85, 86–87.

20 ibid, 86–87.

21 Angela Daddow, ‘Curricula and Pedagogic Potentials When Educating Diverse Students in Higher Education: Students’ Funds of Knowledge’ as a Bridge to Disciplinary Learning’ (2016) 21 Teaching in Higher Education 741 <https://www.tandfonline.com/doi/full/10.1080/13562517.2016.1183619> accessed 4 August 2021, 742.

22 Marcia Devlin and Jade McKay, ‘Reframing “The Problem”: Students from Low Socio-Economic Status Backgrounds Transitioning to University’ in Heather Brook and others (eds), Universities in Transition: Foregrounding Social Contexts of Knowledge in the First Year Experience (University of Adelaide Press 2014), 112.

23 Daddow (n 21), 742.

24 Noakes and Cody (n 13), 74.

25 Daddow (n 21), 742; Bonnie Pang and others, ‘Forging Strengths-Based Education with Non-Traditional Students in Higher Education’ (2018) 9 Curriculum Studies in Health and Physical Education 174 <https://www.tandfonline.com/doi/full/10.1080/25742981.2018.1444930> accessed 18 August 2021; Chung, Turnbull and Chur-Hansen (n 17).

26 Gawaian Bodkin-Andrews and others, ‘Exposing the Patterns of Statistical Blindness: Centring Indigenous Standpoints on Student Identity, Motivation, and Future Aspirations’ (2017) 61 Australian Journal of Education 225.

27 ‘Pathways To Justice–Inquiry into The Incarceration Rate of Aboriginal and Torres Strait Islander Peoples’ (Australian Law Reform Commission 2018) 133 <https://www.alrc.gov.au/publication/pathways-to-justice-inquiry-into-the-incarceration-rate-of-aboriginal-and-torres-strait-islander-peoples-alrc-report-133/10-access-to-justice/> accessed 17 September 2022, Ch 10.

28 ‘Connection to Country: Review of the Native Title Act 1993 (Cth)’ (Australian Law Reform Commission 2015) 126 <https://www.alrc.gov.au/publication/connection-to-country-review-of-the-native-title-act-1993-cth-alrc-report-126/> accessed 17 September 2022, 293.

29 Carrie J Menkel-Meadow, ‘Portia in a Different Voice: Speculations on a Women’s Lawyering Process’ (1985) 1 Berkeley Journal of Gender, Law and Justice 39.

30 ‘Without Fear or Favour: Judicial Impartiality and the Law on Bias’ (Australian Law Reform Commission 2021) 138 <https://www.alrc.gov.au/publication/ji-report-138/> accessed 18 September 2022. Recommendation 7 of this Report recommends that the Commonwealth government of Australian include a ‘commitment to diversity’ in its judicial appointments. See ibid, 14.

31 Silbey (n 8).

32 F Barth, ‘Introduction’ in F Barth (ed), Ethnic Groups and Boundaries: The Social Organization of Culture Difference (Universitetsforlaget 1969), 14–15, quoted in Sommerlad and others, ‘Race, Ethnicity, and the Legal Profession’ (n 5).

33 See generally Judith Butler, Gender Trouble: Feminism and the Subversion of Identity (Routledge 1990).

34 Karen H Rothenberg, ‘Recalibration the Moral Compass: Expanding Thinking like a Lawyer into Thinking like a Leader’ (2009) 40 University of Toledo Law Review 411, 413, referring to American Bar Association, ‘Model Rules of Professional Conduct: Preamble & Scope’ <https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_preamble_scope/> accessed 25 March 2022.

35 Lisa Webley, ‘Legal Professional De (Re) Regulation, Equality, and Inclusion, and the Contested Space of Professionalism Within the Legal Market in England and Wales’ (2014) 83 Fordam Law Review 2349.

36 Solicitors Regulation Authority, ‘SRA Principles’ (25 November 2019) <https://www.sra.org.uk/solicitors/standards-regulations/principles/> accessed 25 March 2022. See Principle 6.

37 Evers, Olliffe and Dwyer (n 3), 168.

38 Sommerlad and others, ‘Diversity in the Legal Profession in England and Wales’ (n 5).

39 See, generally, Pearce and Nasseri (n 4); Levin and Alkoby (n 4); Kirby (n 4), 10–14; McKee and others (n 4), 1–2; Hale (n 4), 5–6; Foley (n 4); Khan (n 4); Asian Australian Lawyers Association (n 4).

40 Angela Melville, ‘It Is the Worst Time in Living History to Be a Law Graduate: Or is It? Does Australia Have Too Many Law Graduates?’ (2017) 51 The Law Teacher 203, 206.

41 Pearce and Nasseri (n 4).

42 See generally Levin and Alkoby (n 4).

43 ibid, 293.

44 Solicitors Regulation Authority (UK), ‘The Business Case for Diversity’ (2018) Report, 20. However, see Jessica Guth and Kathryn Dutton, ‘SQE-Ezed out: SRA, Status and Stasis’ (2018) 52 The Law Teacher 425, who express doubts about whether the SQE will in fact result in a more diverse legal profession in the UK.

45 Sommerlad and others, ‘Diversity in the Legal Profession in England and Wales’ (n 5); Sommerlad and others, ‘Race, Ethnicity, and the Legal Profession’ (n 5); McKee and others (n 4), 1–2.

46 Foley (n 4).

47 Khan (n 4); Asian Australian Lawyers Association (n 4).

48 David Weisbrot, ‘Recent Statistical Trends in Australian Legal Education’ (1990) 2 Legal Education Review 219; Mark Israel and others, ‘Fostering “Quiet Inclusion”: Interaction and Diversity in the Australian Law Classroom’ (2017) 66 Journal of Legal Education 332, 335–36; Kirby (n 4), 10–14.

49 Aidan Ricciardo and others, ‘Understanding, Promoting and Supporting LGBTQI+ Diversity in Legal Education’ (2021) (online) The Law Teacher 1 <https://www.tandfonline.com/doi/full/10.1080/03069400.2021.1949183>, 1–2; Israel and others (n 53), 335–38.

50 Ricciardo and others (n 49), 2.

51 Sally Kift, Karen Nelson and John Clarke, ‘Transition Pedagogy: A Third Generation Approach to FYE – A Case Study of Policy and Practice for the Higher Education Sector’ (2010) 1 International Journal of the First Year in Higher Education 1; Susan Armstrong and Michelle Sanson, ‘From Confusion to Confidence: Transitioning to Law School’ (2012) 12 QUT Law & Justice Journal 21. Leon Wolff and Maria Nicolae (eds), The First Year Law Experience (Halstead Press 2014); Cassandra Sharp and others, ‘Taking Hints from Hogwarts: UOW’s First Year Law Immersion Program’ (2013) 6 Journal of the Australasian Law Teachers Association 127.

52 See, e.g., Evers, Olliffe and Dwyer (n 3).

53 The Centre for Western Sydney, ‘Where are the Jobs? Part 1: Western Sydney’s Short-Lived Jobs Boom’ (2020) Report, 7.

54 Regional Centre of Expertise on Education for Sustainable Development, ‘About Greater Western Sydney’ (Western Sydney University, 20 November 2020) <https://www.westernsydney.edu.au/rcegws/rcegws/About/about_greater_western_sydney> accessed 17 January 2022.

55 Stephanie Chalmers, ‘Workers in South-West, Western Sydney Exempt from Toughest COVID-19 Restrictions Part of “Critical” National Infrastructure’ ABC News(26 July 2021) <https://www.abc.net.au/news/2021-07-27/south-west-sydney-covid-shutdown-would-impact-australia/100322652> accessed 25 March 2022.

56 Western Sydney University, ‘Securing Success 2018-2020 Strategic Plan’ (2018) Report, 2. See also Regional Centre of Expertise on Education for Sustainable Development (n 54).

57 Matt Wade and Nigel Gladstone, ‘Rapid Growth for Indigenous Population of Sydney’ Sydney Morning Herald (online) (1 June 2019) <https://www.smh.com.au/politics/nsw/rapid-growth-for-indigenous-population-of-sydney-20190531-p51t7i.html> accessed 17 January 2022.

58 Jawed Gebrael, ‘Socio-Economic Index for Areas In Greater Western Sydney’ (Westir Limited 2018) Topic Paper, 5.

59 ‘School Programs’ (Western Sydney University, 19 November 2021) <https://www.westernsydney.edu.au/schools-engagement/connecting-with-western/school-programs> accessed 25 March 2022.

60 Western Sydney University, ‘Securing Success 2018-2020 Strategic Plan’ (n 61), 6; Western Sydney University, ‘Sustaining Success 2021-2026 Strategic Plan’ (2020) Report, 5, 15.

61 Michelle Sanson, ‘WSU Law First Year Review’ (2016) Consultation Paper, 43.

62 See ibid, 43, which reported that, in 2016, 12% of students in the Law School’s first year cohort entered the law course from a Vocational Education Training (VET) background.

63 The University bases low SES status on the students’ postcode of permanent home residence within the SSEs value derived from the ABS 2016 Census SEIFA Index for Education and Occupation for postcodes. See Western Sydney University, ‘Annual Report: The Year in Review, Volume 1’ (2020) Report, 55, Table 7; Australian Bureau of Statistics, ‘Details – Socio-Economic Indexes for Areas (SEIFA) 2016’ (27 March 2018) <https://www.abs.gov.au/AUSSTATS/[email protected]/DetailsPage/2033.0.55.0012016?OpenDocument> accessed 17 January 2022.

64 Peter Moraitis and Helen Murphy, ‘Language, Law and Identity: A Language and Learning Response to the Challenges of Widening Participation of Students In Law Subjects’ (2013) 47 The Law Teacher 159 <http://www.tandfonline.com/doi/abs/10.1080/03069400.2013.791093> accessed 20 August 2021, 161.

65 Susan Armstrong and Judith McNamara, ‘Transition Pedagogy in First and Final Year Law Programs’ in Sally Kift and others (eds), Excellence and Innovation in Legal Education (Lexis Nexis 2011), 209.

66 Morgan refers to this as the ‘induction to study’ phase. See Michelle Morgan, ‘The Student Experience Practitioner Model’ in Michelle Morgan (ed), Supporting Student Diversity in High Education: A Practical Guide (Taylor & Francis Group 2013), 49.

67 Chi Baik and others, ‘Examining the Experiences of First-Year Students with Low Tertiary Admission Scores in Australian Universities’ (2019) 44 Studies in Higher Education 526, 527.

68 Sally Kift, ‘A Decade of Transition Pedagogy: A Quantum Leap in Conceptualising the First Year Experience’ (2015) 2 HERDSA Review of Higher Education 51.

69 Liz Thomas, ‘Student Engagement to Improve Belonging, Retention and Success’ in Neil Murray and Christopher M Klinger (eds), Aspirations, Access and Attainment: International Perspectives on Widening Participation and an Agenda for Change (Routledge 2013), 109–12; António Fragoso and others, ‘The Transition of Mature Students to Higher Education: Challenging Traditional Concepts?’ (2013) 45 Studies in the Education of Adults 67 <http://www.tandfonline.com/doi/full/10.1080/02660830.2013.11661642> accessed 4 August 2021; Eugena K Griffin, ‘Psychosocial Techniques Used in the Classroom to Captivate Non-Traditional Community College Students’ (2020) 44 Community College Journal of Research and Practice 329 <https://www.tandfonline.com/doi/full/10.1080/10668926.2019.1590252> accessed 5 August 2021, 330–31; Anna-Maria Meuleman and others, ‘Some People Might Say I’m Thriving But . . . ’: Non-Traditional Students’ Experiences of University’ (2015) 19 International Journal of Inclusive Education 503 <http://www.tandfonline.com/doi/abs/10.1080/13603116.2014.945973> accessed 5 August 2021; Ian Scott, ‘Inequality as the Key Obstacle to Widening Successful Participation in South Africa’ in Neil Murray and Christopher M Klinger (eds), Aspirations, Access and Attainment: International Perspectives on Widening Participation and an Agenda for Change (Routledge 2013), 60–65; Wolfgang Lehmann, ‘“I Just Didn’t Feel like I Fit in”: The Role of Habitus in University Drop-Out Decisions’ (2007) 37 The Canadian Journal of Higher Education 89, 96–100.

70 See, e.g., John Bamber and Lyn Tett, ‘Transforming the Learning Experiences of Non-Traditional Students: A Perspective from Higher Education’ (2000) 22 Studies in Continuing Education 57 <http://www.tandfonline.com/doi/abs/10.1080/713695715> accessed 3 August 2021; Meuleman and others (n 74), 515; Steven Roberts, ‘Traditional Practice for Non-Traditional Students? Examining the Role of Pedagogy in Higher Education Retention’ (2011) 35 Journal of Further and Higher Education 183 <http://www.tandfonline.com/doi/abs/10.1080/0309877X.2010.540320> accessed 5 August 2021, 195–96; Marcia Devlin, ‘Effective University Leadership and Management of Learning and Teaching in a Widening Participation Context: Findings from Two National Australian Studies’ (2013) 19 Tertiary Education and Management 233 <http://www.tandfonline.com/doi/abs/10.1080/13583883.2013.793380> accessed 20 August 2021; Debby RE Cotton, Tricia Nash and Pauline Kneale, ‘Supporting the Retention of Non-Traditional Students in Higher Education Using a Resilience Framework’ (2017) 16 European Educational Research Journal 62 <http://journals.sagepub.com/doi/10.1177/1474904116652629> accessed 4 August 2021, 75–77; Margaret Scanlon and others, ‘“My Biggest Fear Was Whether or Not I Would Make Friends”: Working-Class Students’ Reflections on Their Transition to University in Ireland’ (2020) 44 Journal of Further and Higher Education 753, 762.

71 Baik, Naylor and Arkoudis (n 2), 93.

72 Keithia L Wilson and others, ‘Understanding the Early Transition Needs to Diverse Commencing University Students in A Health Faculty: Informing Effective Intervention Practices’ (2016) 41 Studies in Higher Education 1023 <http://www.tandfonline.com/doi/full/10.1080/03075079.2014.966070> accessed 6 August 2021, 1024.

73 Lynda Measor, Paula Wilcox and Philip Frame, ‘Transformation or Trauma: The Transition to Higher Education of Non-Traditional Students’ in Tamsin Hinton-Smith (ed), Widening Participation in Higher Education (Palgrave Macmillan UK 2012), 151.

74 ibid, 151.

75 CA Taylor and J Harris-Evans, ‘Reconceptualising Transition to Higher Education with Deleuze and Guattari’ (2018) 43 Studies in Higher Education 1254 <https://www.tandfonline.com/doi/full/10.1080/03075079.2016.1242567> accessed 21 August 2021, 1265.

76 Greg Rickard and others, ‘Exploring the First-Year Experience in a Diverse Population: Using Participatory Action Research to Explore Strategies to Support Student Transition into Fast Track Undergraduate Degree Programs’ (2018) 9 Student Success 41, 43.

77 ibid, 43.

78 This is because this group of students ‘incorporate various widening participation (WP) groups that are the focus of institutional and Governmental HE policies’. See Maddie Breeze, Karl Johnson and Claire Uytman, ‘What (and Who) Works in Widening Participation? Supporting Direct Entrant Student Transitions to Higher Education’ (2020) 25 Teaching in Higher Education 18, 19.

79 ibid, 29.

80 Naomi E Winstone and Julie A Hulme, ‘“Duck to Water” or “Fish Out of Water”? Diversity in the Experience of Negotiating the Transition to University’ in Simon Lygo-Baker (ed), Engaging Student Voices in Higher Education (Palgrave Macmillan UK 2019), 160.

81 Daddow (n 21), 742.

82 Stephane A Farenga, ‘Early Struggles, Peer Groups and Eventual Success: An Artful Inquiry into Unpacking Transitions into University of Widening Participation Students’ (2018) 20 Widening Participation and Lifelong Learning 60, 62.

83 Daddow (n 21), 742, citing Marcia Devlin, ‘Bridging Socio-Cultural Incongruity: Conceptualising the Success of Students from Low Socio-Economic Status Backgrounds in Australian Higher Education’ (2013) 38 Studies in Higher Education 939 (‘Bridging Socio-Cultural Inconguity’).

84 Farenga (n 82), 61.

85 See Tamsin Haggis, ‘Pedagogies for Diversity: Retaining Critical Challenge Amidst Fears of “Dumbing Down”’ (2006) 31 Studies in Higher Education 521 <https://doi.org/10.1080/03075070600922709> accessed 11 January 2022; Cassandra Star and Jacquelin McDonald, ‘Embedding Successful Pedagogical Practices: Assessment Strategies for a Large, Diverse, First Year Student Cohort’ (2007) 3 International Journal of Pedagogies & Learning 18; Kathy Tangalakis and others, ‘The Use of Explicit Teaching Strategies for Academic Staff and Students in Bioscience Foundation Subjects’ (2014) 22 International Journal of Innovation in Science and Mathematics Education 42.

86 Terri Seddon, ‘The Hidden Curriculum: An Overview’ (1983) 3 Curriculum Perspectives 1, 1–2.

87 Haggis (n 85), 523; Keithia Wilson, ‘Practical Leadership for Developing and Sustaining First-Year Learning Environments That Facilitate the Success of a Diverse Student Population’ (Australian Government, Office for Learning and Teaching 2014) Report, 19.

88 See for example Pang and others (n 25), 177, citing Tara J Yosso, ‘Whose Culture Has Capital? A Critical Race Theory Discussion of Community Cultural Wealth’ (2005) 8 Race, Ethnicity and Education 69, 77.

89 Pang and others (n 25), 177, citing Yosso (n 88), 77.

90 Pang and others (n 25), 184; Measor, Wilcox and Frame (n 73), 153–54.

91 Diane Reay, Gill Crozier and John Clayton, ‘“Strangers in Paradise”? Working-Class Students in Elite Universities’ (2009) 43 Sociology 1103, 1111–12.

92 Martin Nakata, Vicky Nakata and Michael Chin, ‘Approaches to the Academic Preparation and Support of Australian Indigenous Students for Tertiary Studies’ (2007) 37 The Australian Journal of Indigenous Education 137.

93 ibid,138.

94 See Siân Preece, ‘Multilingual Identities in Higher Education: Negotiating the “Mother Tongue”,‘Posh’and “Slang”’ (2009) 24 Language and Education 21; Devlin (n 89), 945; Ann-Marie Priest, ‘“I Have Understanding as Well as You”: Supporting the Language and Learning Needs of Students from Low Socio-Economic Status Backgrounds’ (2009) 3 Journal of Academic Language and Learning A70, A76; Daddow (n 21).

95 Gale and Parker (n 14).

96 ibid, 743.

97 ibid, 743.

98 ibid, 746.

99 ibid, 744.

100 ibid, 745.

101 ibid, 746.

102 Devlin and McKay (n 22).

103 Devlin and McKay (n 22), 105; Cotton, Nash and Kneale (n 70), 64.

104 Devlin and McKay (n 22),115.

105 A Janse van Rensburg, R Bird and K Manià, ‘Writing into Design: An Embedded Writing Course for Architectural Studies’ (2017) 31 South African Journal of Higher Education 172, 175–76.

106 Susanna Menis, ‘Non-Traditional Students and Critical Pedagogy: Transformative Practice and the Teaching of Criminal Law’ (2017) 22 Teaching in Higher Education 193 <https://www.tandfonline.com/doi/full/10.1080/13562517.2016.1237492> accessed 5 August 2021.

107 ibid, 195–96, 201–2.

108 ibid, 199.

109 ibid, 196.

110 Devlin and McKay (n 22), 113.

111 See, generally, Devlin, ‘Bridging Socio-Cultural Inconguity’ (n 83).

112 Marcia Devlin and others, ‘Effective Teaching and Support of Students from Low Socioeconomic Status Backgrounds: Resources for Australian Higher Education’ (Office for Learning and Teaching Department of Industry, Innovation, Science, Research and Tertiary Education 2012) Report.

113 See, e.g., Thomas and Heath (n 18).

114 See Appendix 1 for an example of the SR Survey.

115 Graham Thompson, Alan Pilgrim and Kristy Oliver, ‘Self-Assessment and Reflective Learning for First-Year University Geography Students: A Simple Guide or Simply Misguided?’ (2005) 29 Journal of Geography in Higher Education 403, 414–15.

116 Ethics approval was obtained for all aspects of this study. See H14491, Western Sydney University Human Research Ethics Committee. This research is a sub-project of the University’s START program of research. See: ‘Research into Student Retention | Western Sydney University’ <https://www.westernsydney.edu.au/learning_futures/home/curriculum_renewal/academic_transition/stars/research_and_publications> accessed 18 September 2022. Under the Umbrella Ethics approval that governs the START project, subproject teams can use student data collected routinely by the University, except where students have opted out of this collection process. All new students are contacted to explain the opt out process shortly after they enrol. A register of these students is kept by the University and those who opt out are identified and removed from any study conducted as part of the START project. All students who had opted out were excluded from this study. In addition, all student data was de-identified prior to analysis.

117 Bamber and Tett (n 70), 65.

118 Alex Steel and Anna Huggins, ‘Law Student Lifestyle Pressures’ in Rachel Field, James Duffy and Colin James (eds), Promoting Law Student and Lawyer Well-Being in Australia and Beyond (Taylor & Francis Group 2016) <http://ebookcentral.proquest.com/lib/uwsau/detail.action?docID=4505723> accessed 29 March 2022.

119 Sarah O’Shea, ‘Transitions and Turning Points: Exploring How First-in-Family Female Students Story Their Transition to University and Student Identity Formation’ (2014) 27 International Journal of Qualitative Studies in Education 135 <http://www.tandfonline.com/doi/abs/10.1080/09518398.2013.771226> accessed 5 August 2021, 153.

120 Wilson (n 87), 30.

121 At WSU Law School, we indicate to students that this is 10 hours per week, including time in class.

122 Gale and Parker (n 14), 743–46.

123 Naomi Winstone and Hannah Bretton, ‘Strengthening the Transition to University by Confronting the Expectation-Reality Gap in Psychology Undergraduates’ (2013) 19 Psychology Teaching Review 2, 10.

124 Wendy Larcombe, Ian Malkin and Pip Nicholson, ‘Law Students’ Motivations, Expectations and Levels of Psychological Distress: Evidence of Connections’ (2012) 22 Legal Education Review 71 <https://ler.scholasticahq.com/article/6256-law-students-motivations-expectations-and-levels-of-psychological-distress-evidence-of-connections> accessed 17 January 2022, 87–90.?

125 Winstone and Bretton (n 123), 11–12.

126 Robyn Benson and others, Managing and Supporting Student Diversity in Higher Education : A Casebook (Chandos Publishing 2013), 215; Farenga (n 82), 72.

127 Farenga (n 82), 72.

128 Pang and others (n 25), 182.

129 Meuleman and others (n 70), 515.

130 Pang and others (n 25).

131 Chung, Turnbull, and Chur-Hansen (n 17), 85.