Important New Report on Essential Lawyering Skills — from bestpracticeslegaled.com by John Lande

Excerpt:

Ohio State Professor Deborah Jones Merritt and Institute for the Advancement of the American Legal System Research Director Logan Cornett just published an important report, Building a Better Bar: The Twelve Building Blocks of Minimum Competence, based on insights from 50 focus groups.

They found that minimum competence consists of 12 interlocking “building blocks,” including the ability to interact effectively with clients, communicate as a lawyer, and see the “big picture” of client matters.

They propose 10 recommendations that courts, law schools, bar associations, bar examiners, and other stakeholders should consider in their efforts to move towards better, evidence-based lawyer licensing.

 

The State of AI in Higher Education — from campustechnology.com by Dian Schaffhauser
Both industry and higher ed experts see opportunities and risk, hype and reality with AI for teaching and learning.

Excerpts:

Kurt VanLehn, the chair for effective education in STEM in the School of Computing, Informatics and Decision Systems Engineering at Arizona State University, knows how challenging it can be people to come up with examples of effective AI in education. Why? “Because learning is complicated.”

Nuno Fernandes, president and CEO of Ilumno, an ed tech company in Latin America, isn’t ready to count adaptive learning out yet, if only because adaptivity has worked in other industries, such as social platforms like Netflix and Amazon, to identify what could work best for the user, based on previous activities and preferred formats of curriculum.

As Ilumno’s Fernandes asserted, AI won’t “substitute for faculty in any of our lifetimes. What it will do is give us tools to work better and to complement what is being done by humans.”

From DSC:
The article is a very balanced one. On one hand, it urges caution and points out that learning is messy and complex. On the other hand, it points out some beneficial applications of AI that already exist in language learning and in matching alumni with students for mentorship-related reasons.

From my perspective, I think AI-based systems will be used to help us scan job descriptions to see what the marketplace needs and is calling for. Such a system would be a major step forward in at least pointing out the existing hiring trends, needed skillsets, job openings, and more — and to do so in REAL-TIME!

Colleges, universities, and alternatives to traditional higher education could use this information to be far more responsive to the needs of the workplace. Then, such systems could match what the workplace needs with courses, microlearning-based feeds, apprenticeships, and other sources of learning that would help people learn those in-demand skills.

That in and of itself is HUGE. Again, HUGE. Given the need for people to reinvent themselves — and to do so quickly and affordably — that is incredibly beneficial.

Also, I do think there will be cloud-based learner profiles…data that each of us control and say who has access to it. Credentials will be stored there, for example. AI-based systems can scan such profiles and our desired career goals and suggest possible matches.

We can change our career goals. We don’t have to be locked into a particular track or tracks. We can reinvent ourselves. In fact, many of us will have to.

 

Many students complain that online-based learning doesn’t engage them. Well, check this idea out! [Christian]


From DSC…by the way, another title for this blog could have been:

WIN-WIN situations all around! The Theatre Departments out there could collaborate with other depts/disciplines to develop highly engaging, digitally-based learning experiences! 


The future of drama and the theatre — as well as opera, symphonies, and more — will likely include a significant virtual/digital component to them. While it’s too early to say that theatre needs to completely reinvent itself and move “the stage” completely online, below is an idea that creates a variety of WIN-WIN situations for actors, actresses, stage designers, digital audio/video editors, fine artists, graphic designers, programmers, writers, journalists, web designers, and many others as well — including the relevant faculty members!

A new world of creative, engaging, active learning could open up if those involved with the Theatre Department could work collaboratively with students/faculty members from other disciplines. And in the end, the learning experiences and content developed would be highly engaging — and perhaps even profitable for the institutions themselves!

A WIN-WIN situation all around! The Theatre Department could collaborate with other depts/disciplines to develop highly engaging learning experiences!

[DC: I only slightly edited the above image from the Theatre Department at WMU]

 

Though the integration of acting with online-based learning materials is not a new idea, this post encourages a far more significant interdisciplinary collaboration between the Theatre Department and other departments/disciplines.

Consider a “Dealing with Bias in Journalism” type of topic, per a class in the Digital Media and Journalism Major.

  • Students from the Theatre Department work collaboratively with the students from the most appropriate class(es?) from the Communications Department to write the script, as per the faculty members’ 30,000-foot instructions (not 1000-foot level/detailed instructions)
  • Writing the script would entail skills involved with research, collaboration, persuasion, creativity, communication, writing, and more
  • The Theatre students would ultimately act out the script — backed up by those learning about sound design, stage design, lighting design, costume design, etc.
  • Example scene: A woman is sitting around the kitchen table, eating breakfast and reading a posting — aloud — from a website that includes some serious bias in it that offends the reader. She threatens to cancel her subscription, contact the editor, and more. She calls out to her partner why she’s so mad about the article. 
  • Perhaps there could be two or more before/after scenes, given some changes in the way the article was written.
  • Once the scenes were shot, the digital video editors, programmers, web designers, and more could take that material and work with the faculty members to integrate those materials into an engaging, interactive, branching type of learning experience. 
  • From there, the finished product would be deployed by the relevant faculty members.

Scenes from WMU's Theatre Department

[DC: Above images from the Theatre Department at WMU]

 

Colleges and universities could share content with each other and/or charge others for their products/content/learning experiences. In the future, I could easily see a marketplace for buying and selling such engaging content. This could create a needed new source of revenue — especially given that those large auditoriums and theaters are likely not bringing in as much revenue as they typically do. 

Colleges and universities could also try to reach out to local acting groups to get them involved and continue to create feeders into the world of work.

Other tags/categories could include:

  • MOOCs
  • Learning from the Living[Class]Room
  • Multimedia / digital literacy — tools from Adobe, Apple, and others.
  • Passions, participation, engagement, attention.
  • XR: Creating immersive, Virtual Reality (VR)-based experiences
  • Learning Experience Design
  • Interaction Design
  • Interface Design
  • …and more

Also see:

What improv taught me about failure: As a teacher and academic — from scholarlyteacher.com by Katharine Hubbard

what improv taught me about failure -as a teacher and academic

In improv, the only way to “fail” is to overthink and not have fun, which reframed what failure was on a grand scale and made me start looking at academia through the same lens. What I learned about failure through improv comes back to those same two core concepts: have fun and stop overthinking.

Students are more engaged when the professor is having fun with the materials (Keller, Hoy, Goetz, & Frenzel, 2016), and teaching is more enjoyable when we are having fun ourselves.

 

The pandemic pushed universities online. The change was long overdue. — from hbr-org.cdn.ampproject.org by Sean Gallagher and Jason Palmer; with thanks to Mike Mathews for his posting on LinkedIn re: this item

Excerpt:

A number of elite institutions — such as Princeton University, Williams College, Spelman College, and American University — have substantially discounted tuition for their fully online experience in an historically unprecedented fashion, highlighting pricing pressures and opening up Pandora’s box. This comes after a decade of growth in postsecondary alternatives, including “massively open online courses” (MOOCs), industry-driven certification programs, and coding bootcamps.

This moment is likely to be remembered as a critical turning point between the “time before,” when analog on-campus degree-focused learning was the default, to the “time after,” when digital, online, career-focused learning became the fulcrum of competition between institutions.

 

[Re: online-based learning] The Ford Model T from 1910 didn’t start out looking like a Maserati Gran Turismo from 2021! [Christian]

From DSC:
Per Wikipedia, this is a 1910 Model T that was photographed in Salt Lake City:

The Ford Model T didn't start out looking like a Maserati from 2021!

 

This is what online/virtual learning looks like further down the road. Our journey has just begun.

From DSC:
The Ford Model T didn’t start out looking like a Maserati Gran Turismo from 2021! Inventions take time to develop…to be improved…for new and further innovations and experiments to take place.

Thinking of this in terms of online-based learning, please don’t think we’ve reached the end of the road for online-based learning. 

The truth is, we’ve barely begun our journey.

 


Two last thoughts here


1 ) It took *teams* of people to get us to the point of producing a Maserati like this. It will take *teams* of people to produce the Maserati of online-based learning.

2) In terms of online-based learning, it’s hard to say how close to the Maserati that we have come because I/we don’t know how far things will go. But this I do know: We have come a looooonnnnnggggg ways from the late 1990s! If that’s what happened in the last 20 years — with many denying the value of online-based learning — what might the next 5, 10, or 20 years look like when further interest, needs, investments, etc. are added? Then add to all of that the momentum from emerging technologies like 5G, Augmented Reality, Mixed Reality, Virtual Reality, Artificial Intelligence, bots, algorithms, and more!


From DSC:
To drive the point home, here’s an addendum on late 9/29/20:

Mercedes-Benz Shares Video of Avatar Electric Car Prototype

 

DC: You want to talk about learning ecosystems?!!? Check out the scopes included in this landscape from HolonIQ!

You want to talk about learning ecosystems?!!? Check this landscape out from HolonIQ!

Also see:

Education in 2030 -- a $10T market -- from HolonIQ.com

From DSC:
If this isn’t mind-blowing, I don’t know what is! Some serious morphing lies ahead of us!

 

 

From DSC:
The perfect storm continues to build against traditional institutions of higher education. The backlash continues to build strength. And there WILL BE change — there’s no choice now. Alternatives to these traditional institutions of higher education continue to appear on the scene.

Over the last several decades, traditional institutions of higher education had the chance to step in and do something. They didn’t take nearly enough action. As in other industries, these days of the Coronavirus just hasten the changes that were already afoot. 

Also see:

  • Alternative Credentials on the Rise — from insidehighered.com by Paul Fain, with thanks to Ryan Craig for this resource
    Interest is growing in short-term, online credentials amid the pandemic. Will they become viable alternative pathways to well-paying jobs?
 

Just released today! Jane Hart’s Top 200 Tools for Learning

Jane Hart's Top 200 Tools for Learning -- released on 9-1-20

Top 200 Tools for Learning — from toptools4learning.com by Jane Hart

Excerpt:

The Top Tools for Learning 2020 was compiled by Jane Hart from the results of the 14th Annual Learning Tools Survey, and released on 1 September 2020. For general information about the survey and this website, visit the About page. For observations and infographics of this year’s list, see Analysis 2020.

 

 

With an eye towards the future…what questions should we be asking about learning experience design (#LXD)? [Christian]

From DSC:
Some of the following questions came to my mind recently:

  • In this age of the Coronavirus, how can we think differently about learning experience design (#LXD)?
  • How can *teams* of people come together to reimagine what learning could look like in the future? Who might be some new players at the table? More students? Artists? Actors? More animators? More technicians and people from A/V? Specialists in XR? Corporate trainers coming together with Instructional Designers from higher ed and from K-12? #learningecosystems #future
  • How can we better tighten up the alignment between K-12, higher ed / vocational programs, and the corporate world?
  • How can we make self-directed learning more prevalent (which would release an enormous amount of energy & creativity)? #heutagogy

Maybe those aren’t even the right questions…

If not, what do you think? What questions should we be asking about learning these days?

#LXD #learningecosystems #future #lifelonglearning #onlinelearning #highereducation #K12 #corporatelearning #heutagogy

 

The main thing we need to remember is that this space no longer serves as an accessory to face-to-face teaching. It is now our main contact point with learners, so it needs to play different roles: communication channel, learning path, interaction platform and community space. Teachers therefore need a certain degree of freedom to design this space in the best way that suits their teaching style and philosophy as well as their course content and learning objectives.

What became obvious in the past months is that when it comes to teaching and learning
 fully online, the learning experience design aspect, including look, feel and logic of the platform from the users’ perspective- be it teachers or students-, are at least as important as the content.

(source)

 

Dawn of the Age of Digital Learning [Moe & Rajendran]

Dawn of the Age of Digital Learning — from medium.com by Michael Moe and Vignesh Rajendran
An Acceleration of Trends That Have Been Building for Years

Excerpts:

Some of these new online learners will sink. Some will crawl out of the pool and never go back in. But we believe most will get the hang of it, like it, and will no longer be confined to the shore. Effectively, the genie is not going back in the bottle… digital learning has come of age. We have a B.C. (Before Coronavirus) world transitioning to A.D. (After Disease).

The Coronavirus has brought forth the Dawn of the Age of Digital Learning — a time for builders to create the platforms, tools, and technology to propel society forward.

We now believe Digital Learning will reach 11% of the education market by 2026, representing a ~$1 Trillion market and a 30% CAGR, close to double the rate of growth projected in Before Covid-19

 

From DSC:
So many of the things in this article reminded me of the things, developments, trends, needs, and possibilities that I have been tracking for years in this vision of a next-generation, global learning platform that I have entitled:

We need a next gen learning platform -- I call this vision Learning from the Living Class Room

My guess is that the large, primarily online institutions/organizations will come out of this ordeal in much better shape than the majority of the traditional institutions of higher education. It won’t matter what faculty members at liberal arts institutions think about online learning. And as much as some faculty members won’t like to see or hear about it, students will no longer need for such faculty members to be sold on it. Students will come to realize that it was under those faculty members watch that their own enormous gorillas of debt were created. And they are beginning to witness and hear that it’s taking (or will take) older family members decades to pay down their debt.

So, I think that the market will decide the fate of many traditional institutions of higher education. Lifelong learners will vote with their feet — and fingers actually, by typing in a new URL — and simply move to the SNHU’s, ASU’s, UMass Online’s, WGU’s, and Liberty University’s of the world. After 5-10 years of investments in online learning, there will likely be some pretty amazing learning experiences out there.

 

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.

 

 

Helping grads tell their story: The case for extended transcripts — from gettingsmart.com by Rebecca Midles

Excerpt:

What is an extended transcript?
An extended transcript supplements a traditional list of course credits and grades. It could be as simple as a one-page addendum to the official transcript that includes additional endorsements such as certifications, badges earned and scholarships awarded.

An extended transcript can also include critical competencies demonstrated. ACT has assessments for cross-cutting capabilities like information literacy, collaborative problem solving, thinking and metacognition, and studying and learning, as well as behavioral skills such as self-regulatory and interpersonal skills. Adding recognized measures of certified work-ready skills to a transcript can differentiate a candidate.

 

Coming down the pike: A next generation, global learning platform [Christian]

From DSC:
Though we aren’t quite there yet, the pieces continue to come together to build a next generation learning platform that will help people reinvent themselves quickly, efficiently, constantly, and cost-effectively.

Learning from the living class room

 

Learning from the living class room

 

Learning from the living class room

 

The 10 vital skills you will need for the future of work — from Bernard Marr

Excerpt:

Active learning with a growth mindset
Anyone in the future of work needs to actively learn and grow. A person with a growth mindset understands that their abilities and intelligence can be developed and they know their effort to build skills will result in higher achievement. They will, therefore, take on challenges, learn from mistakes and actively seek new knowledge.

Start by adopting a commitment to lifelong learning so you can acquire the skills you will need to succeed in the future workplace.

 

Redefining Norms Critical to Sustained Relevance in the Changing Postsecondary Environment — from evolllution.com by Hunt Lambert
Sticking to the status quo will end in disaster for most postsecondary institutions. To stay relevant, institutions have to rethink all aspects of the higher education product, from programming to student support to organizational models.

Excerpt (emphasis DSC):

Higher education has existed for over a millennium in an effectively unchanged state, but the impetus to transform has arrived. Fast-changing labor demands, evolving learner expectations and transformed market realities are forcing college and university leaders to rethink the traditional postsecondary model and find ways to serve the growing numbers of lifelong learners. This idea has been broadly articulated as the 60-Year Curriculum (60YC), and executing on this vision demands a fundamental change in how higher education institutions must operate to serve students. In this interview, Hunt Lambert expands on the 60YC vision and shares his insights into how the organizational models of postsecondary institutions need to evolve to adapt to this approach.

The 60YC proposes that higher education providers, who happen to be best in the world at knowledge creation and dissemination through well-designed curriculum, expand that curricula concept from the current two-year AA, four-year BA, two-year master’s and seven-year PhD learning models into a 60-year model inclusive of 15- to 75-year-old learners and, most likely, beyond.

 

 

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