How the research on learning can drive change — from gettingsmart.com by Chris Sturgis

Excerpt (emphasis DSC):

#2 Learning results from the interplay of cognition, emotion, and motivation.
The brain does not clearly separate cognitive from emotional functioning so that optimal learning environments will engage both. It’s important that students feel safe if learning is to be optimized. When we are afraid, our amygdala becomes activated making it harder to learn. Do students feel valued? Relationships matter in creating a culture of inclusivity and belonging. Are schools designed so that teachers and professors have the opportunity to build strong relationships with students? Do students feel that the school and teachers want them to be successful? Do they have chances to receive feedback and revise or do grading practices simply judge them?

 

From DSC:
Two instances — plus a simmering question — instantly stand out in my mind when I read the above paragraph.

First instance:
It was years ago and I was working at a Fortune 500 company outside of Chicago. I was given the chance to learn how to program in one of the divisions of this company. I was in a conference room with my brand new boss. I had asked him a question about a piece of code, which clearly must have let him know I had some serious misunderstandings.

But instead of being patient, he grew increasingly frustrated at my lack of understanding. The madder he got, the worse my learning became. My focus shifted from processing the expected syntax of the code — and the content/instruction overall that he was trying to relay — to almost completely being concerned with his anger. My processing shut down and things deteriorated from there.

Second instance:
My mom was a classical piano teacher for decades. Though she was often loved by her students, she could be very tough, strong, and forceful. (This was true of several of my siblings’ music teachers as well.) Most of the time, she developed wonderful, strong relationships with the vast majority of her students, many of which came back to our house around Christmastime / New Year’s to visit with her (even long after “graduating”).

I mention that as background to a different context…when I observed my mom trying to teach one of my nieces how to do a math problem in the kitchen of our old house. Again, the teacher in this case kept getting increasingly frustrated, while the student kept shrinking back into their shell…trying to deflect the increasingly hot anger coming at them. The cognitive processing stopped. The amount of actual learning taking place quickly declined. I finally intervened to say that they should come back to this topic later on.

(The counselors/therapists out there would probably rightly connect these two scenarios for what was happening in my mind (i.e., not wanting to deal with the other person’s growing anger). But this applies to many more of us than just me, I’m afraid.)

A simmering question involving law schools and a common teaching method:
In law schools, one of the long-standing teaching methods is the Socratic Method.

Depending upon the professor and their teaching style, one student could be under intense pressure to address the facts, rules, the legal principles of a case, and much more. They often have to stand up in front of the class.

In those instances, I wonder how much capacity to actually process information gets instantly reduced within many of the students’ brains when they get the spotlight shown on them? Do the more introverted and/or less confident students start to sweat? Do their fear levels and heart rates increase? With the issue of having other students attempting to learn from this grilling aside, I wonder what happens to the amygdalas of the students that were called upon?

You can probably tell that I’m not a big fan of the Socratic Method IF it begins to involve too much emotion…too much anger or fear. Not good. The amount of learning taking place can be significantly impacted.

A professor, teacher, or trainer can’t know all of the underlying background, psychology, personality differences, emotional makeup, and experiences of each learner. But getting back to the article, I appreciate what the author was saying about the importance of establishing a SAFE learning environment. The more fear, anger, and a sense of being threatened or scared are involved, the less learning/processing can occur.

 

Healthy looks different on every body...and learning looks different with every mind.

 

Invitation for Comment on Emergency Rulemaking — from uscourts.gov
Request for Input on Possible Emergency Procedures

Excerpt:

The committees seek input on challenges encountered during the COVID pandemic in state and federal courts, by lawyers, judges, parties, or the public, and on solutions developed to deal with those challenges. The committees are particularly interested in hearing about situations that could not be addressed through the existing rules or in which the rules themselves interfered with practical solutions.

And from Canada:
Our civil justice system needs to be brought into the 21st century — from theglobeandmail.com by Rosalie Silberman Abella

Excerpt:

I’m talking of course about access to justice. But I’m not talking about fees, or billings, or legal aid, or even pro bono. Those are our beloved old standards in the “access to justice” repertoire and I’m sure everyone knows those tunes very well.

I have a more fundamental concern: I cannot for the life of me understand why we still resolve civil disputes the way we did more than a century ago.

In a speech to the American Bar Association called The Causes of Popular Dissatisfaction with the Administration of Justice, Roscoe Pound criticized the civil justice system’s trials for being overly fixated on procedure, overly adversarial, too expensive, too long and too out of date. The year was 1906.

Any good litigator from 1906 could, with a few hours of coaching, feel perfectly at home in today’s courtrooms. 

 

COVID-19 Pandemic Will Propel US Telehealth Market To Grow At A CAGR of Over 29% During 2019-25 — from wearable-technologies.com by Cathy Russey

Telelegal can't be too far behind telehealth

 

Excerpt:

Since the Coronavirus Pandemic in the United States, the telehealth platform has emerged as a major tool to fight and contain the virus. Due to the rise in the COVID-19 pandemic, the US telehealth market is expected to witness over 80% YOY growth in 2020.

The telehealth services segment is growing at the fastest CAGR as the demand for these services is increasing across the US. With the rapid advancement in technology, telehealth is considered as the future of medicine. 

From DSC:
#Telelegal can’t be too far behind this trend in healthcare.

 

EDUCAUSE COVID-19 QuickPoll Results: The Technology Workforce — from er.educause.edu by Susan Grajek

Excerpts:

Most of the survey respondents are working remotely and getting their work done. Although the work itself hasn’t changed much, workloads have increased, especially for IT leaders and people supporting teaching and learning. Most people have the technologies they need to work and to handle sensitive data, but many are struggling to maintain their physical, social, and emotional health. On the other hand, the newfound widespread ability to work productively from home is a silver lining, and respondents hope it can continue after the severe isolation of the pandemic eases.

Higher education institutions have had to change their cultures abruptly. Many respondents observed faster decision-making, greater focus, more collaboration, and more willingness to experiment and innovate.

The toothpaste is out of the tube: remote work works and should continue.

Greater compassion and support for work-life balance increases workforce engagement.

Values to keep: focus, communication, collaboration, and transparency.

The pandemic is accelerating digital transformation.

From DSC:
My health and work/family balance has been impacted, big time. A double whammy for me was that our local YMCA’s all closed down while the workloads increased even more. But as someone said, our ancestors had to deal with a lot worse than this with WWI and WWII, other wars/societal impacts, etc.

I, too, hope to be able to work more from home even after our workplaces are no longer off-limits. I get a lot done, my energy is better (not having to commute 2+ hours a day), my productivity to my employer has increased due to not having to commute –> the time I was in the car is time they get productivity-wise.

 

Silver Lining for Learning, Episode 05: Rethinking school with Will Richardson — from dangerouslyirrelevant.org by Scott McLeod; joined by Chris Dede and Curt Bonk as well

Per Scott:

I was fortunate to be the primary host for Episode 05 of Silver Lining for Learning on April 18. Our guest was Will Richardson and we had a fantastic discussion about both the realities and possibilities of school transformation.

Will has been talking about how to rethink learning, teaching, and schooling for decades. He is the author of multiple books and has launched major collaboration initiatives such as the change.schoolModern Learners, and Powerful Learning Practice networks. If you weren’t able to join us, the archived video is well worth it!

 

10 ways COVID-19 could change office design — from weforum.org by Harry Kretchmer

“Think road markings, but for offices. From squash-court-style lines in lobbies to standing spots in lifts, and from circles around desks to lanes in corridors, the floors and walls of our offices are likely to be covered in visual instructions.”

 

From DSC:
After reading the above article and quote, I wondered..rather than marking up the floors and walls of spaces, perhaps Augmented Reality (AR) will provide such visual instructions for navigating office spaces in the future.  Then I wondered about other such spaces as:

  • Learning spaces
  • Gyms
  • Retail outlets 
  • Grocery stores
  • Restaurants
  • Small businesses
  • Other common/public spaces
 

Law 2030 podcast with Jennifer Leonard, Jordan Furlong, and Cat Moon -- April 2020

 


 

Jennifer Leonard, Jordan Long, and Cat Moon
Part I — 4/10/20

Law 2030 Podcast: The future of legal services -- Part 1 of 2 -- Leonard, Furlong, & Long

This episode is the first of two episodes that discuss the future of the profession in the wake of the COVID19 crisis. Guests Jordan Furlong and Cat Moon discuss:

  • How COVID 19 exposes the access to justice crisis the profession has created
  • Why the crisis offers the opportunity to leverage technology in new ways
  • Why the structures and systems that have defined the profession have been so durable
  • Whether lawyers view the crisis as a blip or a transformation
  • How leaders can pivot toward innovation

From DSC:
At several points in the conversation, when Cat and Jordan were both referring to the importance of experimentation within the legal realm, I was reminded of this graphic that I did back in 2013:

I was reminded of it as well because Jennifer Leonard rightly (in my perspective), brought in higher education into the discussion at several points. There are some similarities — especially concerning power and privilege. Well, it’s now true in the legal realm as well (and probably has been true for a while…I’m just behind).

Experimentation. Experimentation. Experimentation. <– so key in the legal realm right now!

 

Other notes I took:

  • Triage: Need to deal with essentials to keep afloat. Yourself, staff, clients, cash flow. Put out the fire.
  • Reconstruction: In parallel, create “field hospitals.” Recession is going to have massive impacts on old systems. Need new systems. Start building institutions that work. Build as many of these as you can. Experiments.  House isn’t going to be inhabitable after the fire. Need a new shelter — maybe start w/ a tent, then a cabin, then a house. Build on something small.  Start building what’s going to replace the old systems.
  • Power and privilege imbalance is why people haven’t been able to change things.  “I can make you do something for me. You come here so I can dispense justice to you.” But not just judges…throughout the system.
  • Public legal awareness and legal education. In high schools, universities, colleges, churches, mosques, synagogues, etc.
  • Higher ed and legal services? Anything we can learn from each other?
  • Systems created by people who rule the systems. Power imbalance exists in higher ed, but hubris is completely indefensible within the legal realm. Need much better access to legal information and legal understanding.
  • OS on the Mac. Don’t have another OS for legal system to move to. We need to redesign our legal OS to serve more people.
  • Law is society’s OS.  Law is DOS-based…need Windows or Mac type of leap.
  • Self protectionism. Hubris. Power imbalance. Power hungry.
  • Yet many who enter legal profession come in wanting to make the world a better place. Why the move away from these ideals? Need more focus on developing professional identity. Structure, framework for how to be a lawyer. Students become more cynical as time goes by. Also, there’s “ladder pulling.” Pay your dues. Get hazed. I had to do it…now you have to do it. Bar Exam good example of this. Confirmation bias. It’s the way we’ve always done it.

Today, the following things ARE happening — so it CAN be done!  The people in charge just didn’ want to do these things.

  • lawyers working from home
  • e-filing of documents to courts
  • video hearings in court
  • faster, cheaper, more convenient

 


Jennifer Leonard, Jordan Long, and Cat Moon
Part II – 4/14/20

Law 2030 Podcast: The future of legal services -- Part 2 of 2 -- Leonard, Furlong, & Long

On this second part of a two-part series, Professor Cat Moon and Jordan Furlong discuss COVID 19’s impact on legal education and law firms. The conversation explores:

  • The “knock out effect” the crisis has on the various parts of the lawyer formation system
  • Who might take ownership of coordinating the new landscape of lawyer accreditation
  • The opportunities lifelong learning creates for law schools to be involved in the ongoing development of legal professionals
  • How human-centered design and project-based learning offer ways to integrate the three sides of the Delta model of lawyer competency
  • How small and solo law firms might be impacted by the crisis

Notes I took:

  • The knock-out effect.
  • How can we coordinate amongst the players in the system? Will be hard, because of the existing fiefdoms. Power and authority move back up the chain to those who did the delegating in the first place. If the power has been delegated to you, you are at a disadvantage. Jordan sees an assertion of authority from a central entity — legislatures most likely; possibly courts.
  • This moment offers us an opportunity to experiment and to redesign our systems. Can find new ways to fulfill missions.
  • Have no choice but to embrace the ambiguity of the moment.
  • Triage, then try to build something better than what we had before.
  • We have to build something different. “And look, the sky’s not falling!” Think big. Act boldly in these experiments. Expand what we think is possible.
  • The repercussions of the Coronavirus will be with us for much longer than many think it will
  • Legal principles/concepts/rules. Areas of practice. Professional formation (ethics, integrity, operational aspects, & more). Know the law, but also WHY we have the law and lawyers.
  • Can learn “black letter law” asynchronously and via videoconferencing.
  • Need to expand curriculum: Project/time management, customer service, financial and tech literacy
  • Delta Model — a framework for developing lawyer competencies; starts in law schools; what are the skills and competencies; the foundation is the practice of law; research, issue spotting, PM, data analysis, understanding business; understanding people; wholistic approach. A lifelong journey of growth. 
  • Law schools — 3 years, then done. Not a productive way to do things. We need to keep people on top of their game throughout a career. Is legal education a place or a system/process that you enter and re-enter again and again throughout one’s career? Wouldn’t it be great if I could access ___ modules along the way?
  • How are we going to create/design highly engaging online-based learning experiences? #1 on Cat’s priority list now. Got moved up the priority list.
  • There are pros and cons for both F2F and online-based learning. Humanizing impact when your professors are teaching from their homes.
  • Reframing legal education just as we are reframing courts as a service, not a place.
  • Blended approach can be very effective/powerful.
  • Need to collect data on what’s working and what’s not working.
  • Fundamental business model of corporate side is likely at the end of its course; law firms will need a new model for generating profit. For smaller firms, prospects are more dire as their clients are going through major negative changes. Potential unsustainability of many practices.
  • How can we provide different models that expand access to justice? That help develop happier and healthier lawyers?
  • Per legalproblemsolving.org, human-centered design is:
    • …a fluid framework for discovering problems, ideating solutions, and iterating to continuously improve solutions. HCD provides a methodology for considering both legal service delivery challenges, as well as clients’ legal problems. The HCD method also serves as a tool individual law students can use to craft a rewarding, successful legal career.

 

 

Shared Responsibilities: What It Will Take to Deliver a True National Lifelong Learning Ecosystem — from evoLLLution.com by Denise Amyot | President and CEO, Colleges and Institutes Canada

Building a more flexible and accessible postsecondary sector will require concerted efforts from postsecondary institutions, governments, and employers, all of whom have a role to play in making the culture of lifelong learning a reality. 

 

LawNext Episode 71: Legal Futurist Richard Susskind on Coronavirus, Courts and the Legal Profession — from .lawsitesblog.com by Robert Ambrogi

Excerpt:

Ever since the publication of his seminal 1996 book, The Future of LawRichard Susskind has remained the world’s most-recognized and most-respected speaker and author on the future of legal services. But even he could not have foreseen the sudden relevance of his latest book, Online Courts and the Future of Justice.

On this episode of LawNext, Susskind joins host Bob Ambrogi for a conversation about the legal profession and the judicial system in a time of global pandemic. Will the pandemic fast-forward law’s leap into the future? Will there be fundamental change in legal services delivery? Will courts move online more quickly than even he had thought? Susskind shares his thoughts on these questions and more.

Also see:

remotecourts dot org worldwide

 

CodeX FutureLaw 2020 -- a conference in March 2020 that provided an in-depth exploration of the ways that technology is transforming the law

Welcome to FutureLaw 2020, hosted by CodeX – The Stanford Center for Legal Informatics. Typically held live on the Stanford campus, the FutureLaw conference focuses on the way technology is transforming the law, and redefining the methods in which individuals interact with legal systems and institutions.

Due to the current health emergency, CodeX FutureLaw 2020 has been turned into an online event to provide an opportunity for our legal tech community to connect and learn about legal tech innovations from around the world. On this webpage, you can access podcasts and videos featuring the academics, entrepreneurs, lawyers, investors, policymakers, and engineers spearheading the tech-driven transformation of our legal systems.

 

Excerpts from Living on Curves — from gettingsmart.com by Tom Vander Ark

Almost all of us maintain a normality bias where we assume things will go on about the same as they always have.

Young people are growing up on a jostling set of curves that will bring waves of dislocations to their lives. And even though we don’t fully understand the questions, much less the answers, it’s a good time to start this conversation with our children.

 

 

From DSC:
On the positive side…

What I appreciate about ‘s article is that it’s asking us to think about future scenarios in regards to higher education. Then, it’s proposing some potential action steps to take now to address those potential scenarios if they come to fruition. It isn’t looking at the hood when we’re traveling 180 mph. Rather, it’s looking out into the horizon to see what’s coming down the pike. 

6 Steps to Prepare for an Online Fall Semester — from chronicle.com b

Excerpt (emphasis DSC):

Plan for a multiyear impact. If colleges are forced to maintain online-only instruction in the fall and to defer reopening their campuses to in-person instruction to January 2021, the impact will be felt for years. College leaders should start thinking now about how to manage and potentially adjust spring-2021 (and beyond) course offerings, course sequencing, and degree requirements to avoid saddling students with graduation delays and the accompanying direct and indirect financial costs. In addition, colleges should anticipate a smaller-than-normal entering first-year class in fall 2020 (and thus a larger-than-normal enrollment a year later) and devise strategies to help mitigate the resulting stresses on admission rates and classroom and dorm capacity for first-year students entering in fall 2021 and beyond.

If instruction remains online-only in the fall, colleges won’t be able to afford that sort of inefficiency. College departments should start now to identify opportunities for collaborations that would draw on the collective wisdom and labor of faculty members from multiple institutions who are teaching similar courses. This would lessen the burden of migrating teaching materials and techniques to an online format.

From DSC:
I’ve often wondered about the place of consortiums within higher ed…i.e., pooling resources. Will the impacts of the Coronavirus change this area of higher ed? Not sure. Perhaps.

On the negative side…

I take issue with some of John’s perspectives, which are so common amongst the writers and academics out there. For example:

Conversely, an entire generation of current college students is now learning that it can be pretty boring to be one of several hundred people simultaneously watching a Zoom lecture.

You know what? I did that very same thingover and over again — at Northwestern University (NU), but in a face-to-face format. And quite frankly, it’s a better view on videoconferencing. It’s far more close up, more intimate online. I agree it’s a different experience. But our auditoriums were large and having 100-200+ students in a classroom was common. There was no interaction amongst the students. There were no breakout groups. The faculty members didn’t know most of our names and I highly doubt that the well-paid researchers at Northwestern — who were never taught how to teach in the first place nor did they or NU regard the practice of teaching and learning highly anyway — gave a rat’s ass about body language. Reading the confusion in the auditorium? Really? I highly doubt it. And those TA’s that we paid good money for? Most likely, they were never taught how to teach either. The well-paid researchers often offloaded much of the teaching responsibilities onto the teacher assistants’ backs. 

Bottom line:
Face-to-face learning is getting waaaay more credit than it sometimes deserves — though sometimes it IS warranted. And online-based learning — especially when it’s done right — isn’t getting nearly enough credit. 


Addendum: Another example of practicing futures thinking in higher ed:

 

 

Excerpt:

5. Telemedicine
Have you received the emails from your healthcare professionals that they are open for telemedicine or virtual consultations? To curb traffic at hospitals and other healthcare practitioners’ offices, many are implementing or reminding their patients that consultations can be done through video. Rather than rush to the doctor or healthcare center, remote care enables clinical services without an in-person visit. Some healthcare providers had dabbled in this before COVID-19, but the interest has increased now that social distancing is mandated in many areas.

 

Royal Dutch Shell reskills workers in artificial intelligence as part of huge energy transition — from cnbc.com by Susan Caminiti

KEY POINTS

  • Royal Dutch Shell is collaborating with Udacity to digitally train its workers in artificial intelligence.
  • This began long before the coronavirus pandemic and the company continues to use this training method.
  • The digital workforce skilling platform may become the training method of choice for a growing number of companies who need to keep employees up to speed in the weeks and months ahead.

In fact, the remote nature of the classes, offered by Udacity, the digital learning and workforce skilling platform, may become the training method of choice not only for Shell but for a growing number of companies who need to keep employees up to speed in the weeks and months ahead. The ability to get their jobs done, away from the office, is key to keeping productivity on track during this uncertain time.

 

Things may continue to move online. Eventually, a global, next gen learning platform will be developed.

 

The shift to remote learning: The human element — from insidehighered.com by Doug Lederman & Company

The current response is triage. We are adapting to maintain as much of the familiar learning and community engagement as we can in the short term. Yes, we should adopt the technologies and strategies that support effective online learning. To that end, we will benefit from the excellent prior work of online education researchers. Right now, we need the simplest and most effective methods for our students to achieve the resolution they desire, as we seek to sustain the community and connections we have formed in residence.

It’s one thing to do this online when you are already starting from that premise — where your community has self-selected for that environment. It’s quite another when your community hasn’t. 

Kristen Eshleman

Making change in higher ed is typically a daunting prospect because of these silos, but they have been broken down now in ways that I hope will be long lasting and will lead to effective responses, programs, policies and networks in the future.

Joshua R. Eyler

It will be interesting to see if this embrace of flexibility sparks a broader shift in higher education. For too long we have mistaken rigor for academic integrity when in fact, from a definitional standpoint, rigor simply means rigidity, severity and harshness — the exact opposite of the flexibility we so need during this crisis.

Penelope Adams Moon

 

 
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