With thanks to my sister, Sue Ellen Christian, for forwarding me Jeremy Caplan’s site/newsletter.

Also see:

…and this one as well:

Three words of advice that I wish I had heard when I first started teaching

 

From DSC:

Will tools like Otter be much more integrated into our future learning ecosystems, meetings, & teleconferences?

 
 

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.

 

 

FCC enacts $200M telehealth initiative to ease COVID-19 burden on hospitals — from techcrunch.com by Devin Coldewey

Excerpt:

The FCC has developed and approved a $200 million program to fund telehealth services and devices for medical providers, just a week or so after the funding was announced. Hospitals and other health centers will be able to apply for up to $1 million to cover the cost of new devices, services and personnel.

The unprecedented $2 trillion CARES Act includes heavy spending on all kinds of things, from direct payments to out-of-work citizens to bailouts for airlines and other big businesses. Among the many, many funding items was a $200 million earmarked for the FCC with which it was instructed to improve and subsidize telehealth services around the country.

 


Also see:

#telehealth#telemedicine#telelegal

 


 

Why education is a ‘wicked problem’ for learning engineers to solve — from edsurge.com by Rebecca Koenig

Excerpts (emphasis DSC):

So, back to the wicked problem: How do we make education that’s both quality education and at the same time accessible and affordable?

“Now, we are building a new technology that we call Agent Smith. It’s another AI technology— and we’re very excited about it—that builds [a] Jill Watson for you. And Agent Smith can build a Jill Watson for you in less than 10 percent of the hours.”

So one question for online education is, can we build a new set of tools—and I think that’s where AI is going to go, that learning engineering is going to go—where AI is not helping individual humans as much as AI is helping human-human interaction.

Huge ethical issues and something that learning engineering has not yet started focusing on in a serious manner. We are still in a phase of, “Look ma, no hands, I can ride a bike without hands.”

Technology should not be left to technologists.

Learning from the living class room

 

 

Per Techcrunch article:

The world is vulnerable to a new type of trolling as people turn to Zoom video calls to feel connected amidst quarantines. Jerks are using Zoom’s screensharing feature to blast other viewers with the most awful videos from across the internet, from violence to shocking pornography.

 

Growth-Minded Pivot to Online Teaching— from scholarlyteacher.com by Kathryn Smith and Todd Zakrajsek

Excerpt:

What is essential when one starts to teach in an unfamiliar arena is to keep an open mind, be open to change, and expect some mistakes.

Now is the perfect time to embrace a growth mindset regarding teaching online. Carol Dweck, author of Mindset: The New Psychology of Success, states, “… growth mindset is based on the belief that your basic qualities are things you can cultivate through your efforts. Although people may differ in every which way in their initial talents and aptitudes, interests, or temperaments, everyone can change and grow through application and experience.”

Having this growth mindset allows for a different definition of success, and that definition can change daily. Right now, you are likely in a position that requires you to reassess your educational practices, your teaching, and your content delivery method. You are facing challenges in learning a new skill set and an opportunity to model for your students how to grow as well.

Discussion Question:
When a pandemic arrives, few people are asked how they would like to proceed. Online learning was a global health decision. When you first started to think about moving your courses online, did your first inclination feel more growth minded or fix minded? Explain.

 

Learning ecosystems across the globe are going through massive changes! [Christian]

Learning ecosystems are going through massive changes!


From DSC:

Due to the impacts of the Coronavirus, learning ecosystems across the globe are going through massive changes!

Each of us has our own learning ecosystem, and the organizations that we work for have their own learning ecosystems as well. Numerous teachers, professors, and trainers around the world are now teaching online. Their toolboxes are expanding with the addition of several new tools and some new knowledge. I believe that will be one of the silver linings from the very tough situations/times that we find ourselves in.

Expanding our teaching toolboxes


At the WMU-Cooley Law School, our learning ecosystem is also fluid and continues to morph.
This blog posting speaks to those changes.

https://info.cooley.edu/blog/learning-ecosystem-simply-defined-sources-for-learning

 

Learning from the Living [Class] Room: Due to the impacts from the Coronavirus, this is happening today across many countries. But this vision is just beginning to develop. We haven’t seen anything yet.

 
 

From DSC:
For those of you who teach and/or give presentations, you might be interested in a new video that I put together regarding cognitive load. It addresses at least two main questions:

  1. What is cognitive load?
    and
  2. Why should I care about it?

 

What is cognitive load? And why should I care about it?

What is cognitive load? And why should I care about it?

Transcript here.

 

How do I put it into practice?

  • Simplify the explanations of what you’re presenting as much as possible and break down complex tasks into smaller parts
  • Don’t place a large amount of text on a slide and then talk about it at the same time — doing so requires much more processing than most people can deal with.
  • Consider creating two versions of your PowerPoint files:
    • A text-light version that can be used for presenting that content to students
    • A text-heavy version — which can be posted to your LMS for the learners to go through at their own pace — and without trying to process so much information (voice and text, for example) at one time.
  • Design-wise:
    • Don’t use decorative graphics — everything on a slide should be there for a reason
    • Don’t use too many fonts or colors — this can be distracting
    • Don’t use background music when you are trying to explain something
 

How higher education can adapt to the future of work — from weforum.org by Farnam Jahanian, President, Carnegie Mellon University; with thanks to Evan Kirstel for sharing this here

Excerpts:

Embrace the T-shaped approach to knowledge
The broad set of skills needed by tomorrow’s workforce also affects our approach to educational structure. At Carnegie Mellon University—like many other institutions—we have been making disciplinary boundaries much more porous and have launched programmes at the edges and intersections of traditional fields, such as behavioral economics, computational biology, and the nexus of design, arts, and technology. We believe this approach prepares our students for a future where thinking and working across boundaries will be vital. The value of combining both breadth and depth in higher education has also led to many universities embracing “T-shaped” teaching and learning philosophies, in which vertical (deep disciplinary) expertise is combined with horizontal (cross-cutting) knowledge.

Invest in personalised, technology-enhanced learning
The demand for more highly skilled workers continues to grow. Recent analysis of U.S. data by The Wall Street Journal found that more than 40% of manufacturing workers now have a college degree. By 2022, manufacturers are projected to employ more college graduates than workers with a high-school education or less. Technology-enhanced learning can help us keep up with demand and offer pathways for the existing workforce to gain new skills. AI-based learning tools developed in the past decade have incredible potential to personalise education, enhance college readiness and access, and improve educational outcomes. And perhaps most importantly, technology-enhanced learning has the compelling potential to narrow socioeconomic and racial achievement gaps among students.

The rapid pace of today’s advances requires a more comprehensive workforce and education strategy across a spectrum of measures, including policy, access, programmes and outreach. The private sector, government, educators and policy-makers must work together to deliver multiple pathways to opportunity for young people looking for their first foothold in the job market, as well as to re-skill and up-skill workers striving to maintain their place in the workforce. 

 

The 2020 ABA Techshow

Also see:

EU Proposes Strict Regulations for AI — from futuretech360.com by John K. Waters

Excerpt:

The European Union this week unveiled its first proposed regulations for artificial intelligence (AI) technology, along with a strategy for handling personal digital data. The new regs provide guidance around such AI use cases as autonomous vehicles and biometric IDs.

Published online by the European Commission, the proposed regulations would apply to “high-risk” uses of AI in areas such as health care, transportation and criminal justice. The criteria to determine risk would include such considerations as whether a person might get hurt, say, by a self-driving car or a medical device, and how much influence a human has on an AI’s decision in areas like job recruiting and law enforcement.

 

 From DSC:
Here are two other example of AI’s further integration into the legal realm:

Casetext is Automating Litigation — from businesswire.com
Casetext’s new litigation automation technology, Compose, automates substantive legal work — and a substantial number of billable hours

Excerpt:

SAN FRANCISCO–(BUSINESS WIRE)–Casetext, the legal technology company known for its groundbreaking A.I. legal research platform, today announces a new product that will define litigation automation: Compose. Compose, which automates the first draft of a legal brief, is poised to disrupt the $437 billion1 legal services industry and fundamentally change our understanding of what types of professional work are uniquely human.


UC Irvine School of Law To Integrate Blue J Legal’s AI-Enabled Tax Platform into Curriculum
— from businesswire.com
First of its kind initiative aims to prepare graduate students for careers in tax law where AI will be integral to the decision-making process

The joint effort aims to demonstrate why advanced technological integration in higher education is important and how to leverage it, specifically in tax law.

 

 

From DSC — and with a shout out to Brad Sousa for this resource:
For those involved with creating/enhancing learning spaces as they relate to pedagogies:

https://www.avisystems.com/higher-education-trends-part-one

How Has Technology Impacted Higher Education?
In part one of this three-part series, AVI Systems CTO Brad Sousa talks with Jeff Day, Founder of North of 10 Advisors, to discuss the key ways education and, specifically, pedagogy differs from 10, 5, even 3 years ago.

Discussion Topics

  • The impact of active learning and the introduction of the internet of things (IoT) in the classroom
  • Recommendations for deploying modern learning environments with technology partners
  • Classroom systems design, then and now
Some timestamps (roughly speaking)
  • 5:15 — changes in pedagogy
  • 7:15 or so — active learning
  • 15:30 design needs around active learning
  • 17:15 DE rooms and active learning — software-controlled platform
  • 21:30 — advice; look to outcomes & expectations that want to achieve/meet; uses cases

Media controller w/ intuitive interface to mimic the way someone teaches / way a classroom goes:

  • “Class start” — chaotic; mics on everywhere
  • “Lecture” — gates /mics closed and focus shifts to the professor
  • “Class interaction” — presents roster of who’s there (20:00 mark roughly)

Also see this introductory posting re: the implications of active learning in the higher ed market.

 

Optimal Video Length for Student Engagement — from blog.edx.org by Candace Hazlett and Philip Guo

Excerpt:

In this first post, I’ll share some preliminary results about video usage, obtained from initial analyses of a few edX math and science courses. Unsurprisingly, students engaged more with shorter videos. Traditional in-person lectures usually last an hour, but students have much shorter attention spans when watching educational videos online. The graph below shows median engagement times versus video length, aggregated over several million video watching sessions:

From DSC:
If you have access to a tool like Canvas Studio, then you can probably extend the length of your videos if you are interspersing your videos with a healthy dose of interactivity — i.e., inserting quiz questions every few minutes.

 

The ins and outs of internal launch: Taking an online offering to market independently — from evolllution.com by Leslie Oster, Program Director in the Pritzker School of Law, Northwestern University
New online programs can be created without an OPM but need to be approached with caution and expertise.

Excerpt:

When designing a new program, some institutions turn to Online Program Management (OPM) companies for help. These companies launch programs from scratch and manage many of the administrative aspects required to make the offering a success. But using an OPM can come with a significant price tag. For some colleges and universities, it’s still worth finding ways to launch unique online programs on their own. With the right research and expertise, online programs can be created without the help of an OPM. In this interview, Leslie Oster discusses how Northwestern’s Pritzker School of Law launched a new online offering without an OPM and reflects on how the school plans to expand its online presence.

Law isn’t a subject commonly taught in an online format, but pretty early on, we came to believe it was possible to create a high-quality online law program that included the essential aspects of the residential program. 

 

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