Wednesday, November 6, 2013

Leaves 41 - 43 Media Tart, Teaching in Canada and public engagement


Leaf 41 An introduction to the world of the media tart, local ABC Radio 1991

Until the early 1990s, only two University of Tasmanian academics seemed to feature regularly in local media: Michael Stokes, a constitutional law expert, and Richard Herr, a political scientist. Both had taught me in the 1970s. Richard had supervised my Political Science Honours and Masters theses and had enticed me into tutoring in political science in 1988 as a means of ‘blowing the cobwebs from my mind’ after a period of time working in the Australian public service. Within academic circles, there was a fairly heavy air of disdain for this activity and both men were regarded as “having tickets on themselves” – a politer label than the latter use of the term media tart.

The issue of Tasmanian secession from the Australian Commonwealth had been raised in the Tasmanian media and somehow both Michael and Richard were unavailable for comment. An intrepid ABC radio journalist managed to trace down a tutor in constitutional law and postgraduate political science student - me. My dilemma was that the issue of secession was far from any of my areas of speciality. Indeed, it was hard to find anyone with any degree of expertise in this area in Australia. I promised the journalist I would do some research overnight and would be prepared to try to add a little more objective information to what had been a fairly uninformed debate to that stage. I didn’t realise it must have been a quiet news week because normally a request to do some overnight research would have been the kiss of death. The media will lose interest in most topics – especially secession – before any work day is ended.

 The gradual building of a media profile had begun.  Over the next couple of years, I made a couple of further forays into radio, print and two brief spots on local TV.  From 1993, my media activity expanded in terms of quantity, variety of topics and medium. I now average 20+ appearances, in both local and national media, a year. The total, since that first and hesitant interview, is almost 500 media comments ranging from brief 15 second TV grabs, to 30 minute morning talk back sessions, in-depth interviews, talk back radio, special filming sessions for SBS Documentaries  and opinion articles in national newspapers.

My first media foray taught me a couple of quick lessons. Despite briefing the interviewer, on the key points I wanted to focus on, the first few questions were only indirectly relevant to the topic. I fell into the murky waters of trying to tackle the question asked while attempting to move the conversation back to the more germane points. I quickly learnt the trick of answering the questions I wanted to rather than being solely guided by the interview questions.  Lesson 2 was that listeners found long answers difficult to follow unless you had a clear structure.  I was only vaguely aware of the concept of ‘sound bites’ but within a couple of years I had mastered packaging my responses, especially for non-live media (recorded radio and TV interviews or journalists seeking a quote or two to fill out a story). The biggest danger in the recorded interview is the chance, almost likelihood, of misquotation or selective editing that will make your carefully limited and qualified response seem abrupt, pointed and heavy handed. The well chosen sentence and carefully outlined qualifiers sound completely different when only the last half of a sentence or carefully crafted quote is used in the TV footage and juxtaposed with another different comment from someone else. Sometimes it pays to be first off the rank in terms of comment because you set the tone of questions asked of those interviewed after you. On occasion, it pays to be last and receive a brief summary from the journalist of the ‘sound bites’ already given and then pitch yours to best fit or respond to the direction of the commentary.

In my first few media encounters, it annoyed me that the interview I did a day’s research for, or the 10 minute conversation with a journalist, filled with great points, or that an hour spent filming ended up as a 5 second grab or a half sentence quote. Later, I learnt to trust most journalists and understand how they crafted their stories.  If I presented them with clear material, insights and ideas they would often construct their stories using those ideas but use better visuals (than a pudgy balding wild eyed academic) or manage to get a government minister scrambling to respond to the questions I raised earlier with the journalist.

Many academics, afraid of being misquoted, avoid the media and/or view those like me who engage with the media as simply media tarts seeking every opportunity to jump in front of a camera or radio microphone. One night in a Sydney restaurant, two fellow legal academics were savaging Professor George Williams, in his absence, because he had listed his media interviews on his cv/publications listings. The savaging came to a halt when I pointed out that I did the same. Media engagements were not undertaken lightly, they were high risk and exposed your expertise to full scrutiny. I have refused more requests than I’ve accepted to comment or be interviewed. The key questions I ask myself when a media comment is sought are – what is my level of expertise, is someone is better placed to comment, what can I add to the debate or existing commentary and will my involvement make a positive or informed contribution?

Leaf 42 “Forty degrees below zero - blessed are the micro thermals and Gore-tex coats” London, Ontario January 2003

The temperature in Ontario, Canada in January 2003 never rose above 0 degrees for the month I was teaching at the University of Western Ontario Law School. The micro thermals, I had purchased at a Katmandu clothing shop in Hobart in the middle of a hot summer, offered only a minimal layer of protection against wind chill temperatures of -15 to -30 degrees. My first purchase on day one in Canada, after slipping and sliding across several massive car parks and 4 lanes of slush, ice and exposure to Canadian drivers, was a $320 Gore-tex coat. Over the next 30 days, that thin coat was a lifesaver and one I still wear 10 years later. My January in Ontario also taught me that “Too cold to snow” was very true.

I was in Ontario for a month teaching an intensive course on Comparative Freedom of Information (the first such course offering in the world) to 25 students, mostly Canadian but including students from Hong Kong and France. In early December 2002, I had emailed all the students advising them of the course outline, reading list and assessment tasks including a small group work component worth 20% of the final mark. I soon discovered that special species of Canadian graduate law student -  “next stop Bay Street.”  Bay Street, Toronto is the centre of the commercial law district. The Bay Street students had a serious mission in life:  to out compete, out score and out apply all others to gain the holy grail of a job with a Bay Street firm.  Shared marks for group work was both anathema and a complete threat to the very core of these students.

In the emails I could feel the angst and tension I had caused one student in particular. Let’s call her Miss Bay Street. She wanted to know what was I going to do about this inequity as there was no way she would allow her hard fought marks to be lowered by the lesser capabilities of others in her year group.  My solution arose from a conversation about the use of reflective journals in education teaching I recalled having with Maureen Innes, a fellow Salamanca stallholder and casual lecturer in the Education Faculty. I offered my University of Western Ontario law students 5% to write a 1 page reflection on their experiences of group work and stated if it seemed from any student’s account that they had been disadvantaged in the group process I would adjust their marks.

Miss Bay Street, in her single page, reflected upon how dysfunctional and difficult to manage her group had been. On the other hand, the rest of her 5 member group reflected on how they had to wait until Miss Bay Street was absent so the group could function co-operatively and achieve their peak performance. I called it a draw and left the marks for that group work undisturbed. Yet this purely instrumental and limited initiative left an unexpected and incredibly rewarding legacy. A number of other students wrote more than a page about the group work, and then went on to reflect deeply about the course, the readings, their experiences and even the extent, and basis, of the differences in teaching style between their crazy Aussie Professor and the local staff.  

Student reflective journals became a key part of my teaching over the next decade. In many ways, this insight into the thinking, perceptions and motivations of students allowed me to find a way to fully develop my approach to teaching. It turned haphazard impressions, wishful thinking, assumptions and guesswork into much more informed intelligence about what motivated my students and what caused them to disengage.

Over many centuries, the nature, purpose, intent of, and approaches to legal education, and university education in general, has remained in continual contention. Therefore, I was not surprised when a colleague complained, with only a slight degree of exaggeration, that the greatest difficulty faced when marking an exam was finding a mark between 30-50% to give most students. In this model of legal education, the lecturer is a gatekeeper for the profession and his/her job is not to assist students to pass but to assess whether they had passed and to what degree. The job is to simply be an assessor of quality and the better the quality of students (proven in difficult exams and marked hard) the better the academics are as lecturers.

My approach, derived in part from my background but also from the history of successful sporting teams, is built around providing the support and assistance to students who want to improve their capacity and skills.  This approach centres more on the student and relies very much on the level, type and degree of student engagement. The former approach centres on the lecturer and requires attention to their comprehension, determination and delivery of the material on which the student is tested. The lecturer is a gatekeeper, constantly vigilant to bar the way to barbarians, the unwashed or those lacking credentials.  My approach to the gatekeeping role was to turn away those who were in the wrong place but to steer others to where they wanted or needed to go even if they couldn’t identify their destinations. Exceptional students can cope with both regimes but the former inflicts a heavy toll on many students and often on the lecturers. The marking process rather than being an opportunity to celebrate student achievement and understanding more often than not becomes an intense process of lamenting student incapacity to get the basics of a particular subject.  And this lament is often more strident and angrier year after year. 

Leaf 43 “A call to arms” the Staff Club, University of Tasmania, Wednesday 19th October 1994

My lunch, at the University Staff Club, was interrupted by a phone call. John White, the then Shadow Attorney General was on the line. The Groom Liberal Government had, that morning, introduced an FOI Amendment Bill (that they had previously denied they were working on) into the Tasmanian Parliament.  Could I immediately come to Parliament House to brief the ALP opposition?  The Liberal Government had mistimed their introduction of the Bill and had left Michael Aird, an opposition MP, holding the floor at the luncheon break, thereby allowing him the opportunity to fully respond to the amendments after lunch.

In the Opposition rooms at Parliament House, I was confronted with a scenario we often described to our students of what thinking like a lawyer requires. The amendment bill was over 30 pages in length and changed 29 out of the 55 sections of the Freedom of Information Act and significantly altered the structure, purpose and operation of the Act. I had about 30 minutes to read, analyse and then present to the Opposition members key points they could make about the amendment. As always the academic, media tart and activist within me conflicted. Many of the key amendments hinged on slight changes that had a profound impact, but would be difficult to get across either in a media sound bite or by an opposition member on the floor of the House. In the end, I produced a brief presentation with a few key examples and talking points that would gain traction in the press and would survive any government attacks on the credibility or relevance of the points.

The Government was caught flatfooted, first, by my involvement and presence at Parliament House, and second, by the precise nature of the Opposition response. After the briefing, I spent the afternoon being on hand to do interviews and background briefings for all the TV stations, papers and radio.  Unfortunately the Government had picked a day where I had no teaching commitments.  Surprisingly, the Government had no campaign in place to justify or promote the changes and found itself on the defensive for several days. Furthermore, the early influence of the internet and the benefit of my embryonic networking came into play. I was quickly able to call on the input and expertise of several academic colleagues and activists, from interstate and overseas, to support and improve my original critique of the changes. In the mid- 1990s, this rapid networking and influx of commentary from outside Tasmania was unheard of – whereas in 2013, it is the norm. A further surprise was that the Parliamentary Greens made no effort to call on my expertise in resisting the changes.

 Many academics would have refused to become so directly involved in a political process holding to the view that their role extended only to providing objective analysis of proposed changes when formally requested. Or worse the reluctant academic commentator uses the old “on the one hand this is a negative but on the other this change may be a positive” device.  I had been influenced by the writings of Sir Geoffrey Palmer, a former Kiwi Prime Minister and administrative law academic, who argued that public law academics need to play an active role in the debate. Moreover, previous experience in various jurisdictions demonstrated the necessity to intervene when administrative reforms like Freedom of Information were under threat of being undermined by political processes or the bureaucracy. Sitting back and allowing the government to alter the very dynamics of the game with their proposed retrograde changes was not an option.

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