2023 Higher Education Trend Watch — from educause.edu

2023 Higher Education Trend Watch

Also see:

2023 Strategic Trends Glossary — from educause.edu

Excerpts:

  • Closer alignment of higher education with workforce needs and skills-based learning
  • Continuation and normalization of hybrid and online learning
  • Continued adoption and normalization of hybrid and remote work arrangements
  • Continued resignation and migration of leaders and staff from higher education institutions
  • Declining public funding for higher education
  • …and more
 

From Teaching to Tech – Q&A With Joanna Cappuccilli — from devlinpeck.com by Devlin Peck and Joanna Cappuccilli
Would you like to transition out of the classroom and into a corporate instructional design role?

Excerpt:

In this Q&A session, we talk with Joanna Cappuccilli about how she transitioned from full-time teacher to full-time curriculum developer at Amazon Web Services, as well as the steps she took to get there.

Joanna and I discuss how developing a portfolio, networking effectively, and preparing extensively for interviews led to her successfully landing a tech role.

 

How AI will change Education: Part I | Transcend Newsletter #59 — from transcend.substack.com by Alberto Arenaza; with thanks to GSV’s Big 10 for this resource

Excerpt:

You’ve likely been reading for the last few minutes my arguments for why AI is going to change education. You may agree with some points, disagree with others…

Only, those were not my words.

An AI has written every single word in this essay up until here.

The only thing I wrote myself was the first sentence: Artificial Intelligence is going to revolutionize education. The images too, everything was generated by AI.

 

From DSC:
This is another area where the slow pace of the American legal system is having a negative effect. The American Bar Association and the majority of the law school graduates (i.e., those who passed the Bar and have been practicing law in one form or another) for the last 30 years have a lot to do with this situation. They have stimied innovation and have protected their turf — at the increasing expense of the American people. 

Online learning has been going on since the late 1990’s, yet the ABA STILL doesn’t let law schools have 100% online-based learning without their special consent. 


Artists say AI image generators are copying their style to make thousands of new images — and it’s completely out of their control — from businessinsider.com by Beatrice Nolan

Excerpt:

  • OpenAI, a company founded by Elon Musk, just made its DALL-E image generator open to the public.
  • Artists say they work for years on their portfolios and people can now make copycat images in seconds.
  • But some AI companies argue that the new artworks are unique and can be copyrighted.

People are creating thousands of artworks that look like his using programs called AI-image generators, which use artificial intelligence to create original artwork in minutes or even seconds after a user types in a few words as directions.

Rutkowski’s name has been used to generate around 93,000 AI images on one image generator, Stable Diffusion — making him a far more popular search term than Picasso, Leonardo Da Vinci, and Vincent van Gogh in the program.

 

Radar Trends to Watch: October 2022 — from oreilly.com by Mike Loukides
Developments in Machine Learning, Metaverse, Web3, and More

Excerpt:

September was a busy month. In addition to continued fascination over art generation with DALL-E and friends, and the questions they pose for intellectual property, we see interesting things happening with machine learning for low-powered processors: using attention, mechanisms, along with a new microcontroller that can run for a week on a single AA battery. In other parts of the technical universe, “platform engineering” has been proposed as an alternative to both DevOps and SRE. We’ve seen demonstrations of SQL injection-like attacks against GPT-3; and companies including Starbucks, Chipotle, and Universal Studios are offering NFT-based loyalty programs. (In addition to a Chipotle’s steak grilling demo in the Metaverse.)

Also relevant/see:

General AI News — from essentials.news

 

Infographic -- 21st-Century Skills That Every Learner Needs

From DSC:
The Ultimate List of 21-Century Skills – 2022 that’s on that page lists fifty skills. Whew! That’s a lot of skills. I doubt anyone will have them all. But the posting/infographic has a lot of fodder for further reflection and growth.

 

HSF embraces the metaverse with new digital law course for students — from legalcheek.com by Thomas Connelly

Excerpt:

The global law firm has launched a series of free workshops exploring how lawyers help clients navigate novel legal and regulatory issues relating to techy-topics including the metaverse, non-fungible tokens (NFTs), robotics and artificial intelligence (AI).

From DSC:
This kind of thing needs to happen in law schools across many countries.

 

Getty Images bans AI-generated content over fears of legal challenges — from theverge.com by James Vincent
Getty Images is worried about future copyright claims

Excerpt:

Getty Images has banned the upload and sale of illustrations generated using AI art tools like DALL-E, Midjourney, and Stable Diffusion. It’s the latest and largest user-generated content platform to introduce such a ban, following similar decisions by sites including Newgrounds, PurplePort, and FurAffinity.

Getty Images CEO Craig Peters told The Verge that the ban was prompted by concerns about the legality of AI-generated content and a desire to protect the site’s customers.

 

How will the Metaverse Influence Business and Legal Processes? — from jdsupra.com

Excerpt:

While some will be hesitant to use the metaverse and adoption is difficult to predict, it is not going away and will undoubtedly affect internal processes, business dealings, case strategy, and more. Organizations should start thinking about the possibilities now to be better prepared for future challenges. Below are some predictions on how the metaverse will influence operations, strategy, and investments across different areas of the enterprise.

Lawyers & the Metaverse — from joetechnologist.com by Elizabeth Beattie and Joseph Raczynski

Excerpt:

In a new Q&A interview, Thomson Reuters’ technologist and futurist Joseph Raczynski offers his insight about the Metaverse and how it will impact the legal industry.

I have likely spoken to thousands of lawyers over the last several years. They are extraordinarily bright, but with one limiting factor — their dedication to their craft. This means that they do not have the time to lift their heads to see what is coming. All these emerging technologies will impact their practices in some way, as well as the business of law. At a minimum, lawyers need the opportunity to focus on the big four: AI, blockchain, workflow, and the grab bag of general emerging technology. There are a multitude of places to learn about these things, but I would include some of the classics such as Google Alerts, Twitter threads on these topics, and magazines like Wired, which should be a staple for everyone.

These legal issues should be on college business officers’ radars — from highereddive.com by Rick Seltzer
A panel at the National Association of College and University Business Officers’ annual meeting covered legal questions spanning many offices on campus.

Let’s not presume that virtual hearings are the best solution in family law — from canadianlawyermag.com by John Silvester

Excerpts:

Proponents argue that virtual hearings are less expensive for clients, leading to enhanced access to justice for those who cannot afford to pay for their lawyers to travel to a courthouse and then sit and wait for hearings to commence. Sounds reasonable, right?

Not so fast.

Virtual hearings are advantageous in some scenarios, but there are at least three reasons why moving to an almost entirely virtual legal world may prove problematic.

LawNext Podcast: CALI Executive Director John Mayer on Using Tech to Advance Legal Education and Access to Justice — from lawnext.com by Bob Ambrogi and John Mayer

Excerpt:

In this episode of LawNext, Mayer joins host Bob Ambrogi to discuss the history and mission of CALI and to share his thoughts on the use of technology to enhance legal education. They also talk about how and why A2J Author was developed and how it is used by courts and legal services organizations to help those who are without legal representation. Mayer also shares his thoughts on the future of innovation in law and on the future of CALI.

Louisiana Approves Virtual Custody Services and Proposes Virtual Currency Business Licensing Rules — from natlawreview.com by Moorari Shah and A.J. S. Dhaliwal

Excerpt:

Recently, the Louisiana lawmakers and regulators have taken steps to legalize operations in the state involving virtual currencies. On June 15, the Louisiana governor signed a bill that, effective August 1, 2022, will allow financial institutions and trust companies to provide virtual currency custody services to their customers as long as they satisfy certain requirements on risk-management and compliance. On June 20, the Louisiana Office of Financial Institutions (OFI) published proposed rules on licensing and regulation of virtual currency businesses in the state pursuant to the Louisiana Virtual Currency Business Act, which went into effect on August 1, 2020.

 

I think we’ve run out of time to effectively practice law in the United States of America [Christian]


From DSC:
Given:

  • the accelerating pace of change that’s been occurring over the last decade or more
  • the current setup of the legal field within the U.S. — and who can practice law
  • the number of emerging technologies now on the landscapes out there

…I think we’ve run out of time to effectively practice law in the U.S. — at least in terms of dealing with emerging technologies. Consider the following items/reflections.


Inside one of the nation’s few hybrid J.D. programs — from highereddive.com by Natalie Schwartz
Shannon Gardner, Syracuse law school’s associate dean for online education, talks about the program’s inaugural graduates and how it has evolved.

Excerpt (emphasis DSC):

In May, Syracuse University’s law school graduated its first class of students earning a Juris Doctor degree through a hybrid program, called JDinteractive, or JDi. The 45 class members were part of almost 200 Syracuse students who received a J.D. this year, according to a university announcement.

The private nonprofit, located in upstate New York, won approval from the American Bar Association in 2018 to offer the three-year hybrid program.

The ABA strictly limits distance education, requiring a waiver for colleges that wish to offer more than one-third of their credits online. To date, the ABA has only approved distance education J.D. programs at about a dozen schools, including Syracuse.

Many folks realize this is the future of legal education — not that it will replace traditional programs. It is one route to pursue a legal education that is here to stay. I did not see it as pressure, and I think, by all accounts, we have definitely proven that it is and can be a success.

Shannon Gardner, associate dean for online education  


From DSC:
It was March 2018. I just started working as a Director of Instructional Services at a law school. I had been involved with online-based learning since 2001.

I was absolutely shocked at how far behind law schools were in terms of offering 100% online-based programs. I was dismayed to find out that 20+ years after such undergraduate programs were made available — and whose effectiveness had been proven time and again — that there were no 100%-online based Juris Doctor (JD) programs in the U.S. (The JD degree is what you have to have to practice law in the U.S. Some folks go on to take further courses after obtaining that degree — that’s when Masters of Law programs like LLM programs kick in.)

Why was this I asked? Much of the answer lies with the extremely tight control that is exercised by the American Bar Association (ABA). They essentially lay down the rules for how much of a law student’s training can be online (normally not more than a third of one’s credit hours, by the way).

Did I say it’s 2022? And let me say the name of that organization again — the American Bar Association (ABA).

Graphic by Daniel S. Christian

Not to scare you (too much), but this is the organization that is supposed to be in charge of developing lawyers who are already having to deal with issues and legal concerns arising from the following technologies:

  • Artificial Intelligence (AI) — Machine Learning (ML), Natural Language Processing (NLP), algorithms, bots, and the like
  • The Internet of Things (IoT) and/or the Internet of Everything (IoE)
  • Extended Reality (XR) — Augmented Reality (AR), Mixed Reality (MR), Virtual Reality (VR)
  • Holographic communications
  • Big data
  • High-end robotics
  • The Metaverse
  • Cryptocurrencies
  • NFTs
  • Web3
  • Blockchain
  • …and the like

I don’t think there’s enough time for the ABA — and then law schools — to reinvent themselves. We no longer have that luxury. (And most existing/practicing lawyers don’t have the time to get up the steep learning curves involved here — in addition to their current responsibilities.)

The other option is to use teams of specialists, That’s our best hope. If the use of what’s called nonlawyers* doesn’t increase greatly, the U.S. has little hope of dealing with legal matters that are already arising from such emerging technologies. 

So let’s hope the legal field catches up with the pace of change that’s been accelerating for years now. If not, we’re in trouble.

* Nonlawyers — not a very complimentary term…
I hope they come up with something else.
Some use the term Paralegals.
I’m sure there are other terms as well. 


From DSC:
There is hope though. As Gabe Teninbaum just posted the resource below (out on Twitter). I just think the lack of responsiveness from the ABA has caught up with us. We’ve run out of time for doing “business as usual.”

Law students want more distance education classes, according to ABA findings — from abajournal.com by Stephanie Francis Ward

Excerpt:

A recent survey of 1,394 students in their third year of law school found that 68.65% wanted the ability to earn more distance education credits than what their schools offered.


 

Teaching Financial Literacy — from techlearning.com by Erik Ofgang
More states are adopting financial literacy requirements for students. Here are tips for teaching the topic.

Excerpt:

Teaching students about this financial misinformation is vital, Pelletier says. As is giving students the tools to understand cryptocurrency, NFTs, intense inflation, and student debt, along with more traditional lessons in financial literacy.

Financial Literacy: Teaching and Engagement Resources
There are free online resources with ready-to-go financial lesson plans, videos, and classroom exercises.

While not much time is spent in K-12 educating students about money, once they graduate, it will be an important topic for them. “Not a day will go by that they’re not thinking about money. How to make it, how to spend it, how to save it,” Pelletier says. “And yet it’s like the least thing you’re taught in school.” 

From DSC:
I appreciated Erik’s article/topic here and I would add that I wish that we would teach high schoolers about legal-related items such as wills, trusts, power of attorney for health care and for finances, finding legal assistance, etc.

But even as I write this, I recall that my neighbor is leaving our local school district to move to another school district for her kids’ sake (her and her husband’s words, not mine). I get it. Teachers have sooooo much on their plate already. So I don’t mean to throw another item on their jammed-full job plates.

But I hope that we will look at how to redesign our lifelong learning ecosystems to make them even more relevant, helpful, practical, useful, and up-to-date/responsive. We would probably find that the youth would be more attentive if they sensed that the information they are being taught will definitely come in handy in their futures. Better yet, bring former students in via digital video to relay practical examples of things that they — or their parents, grandparents, friends, etc. — are experiencing to the current students.


Also relevant/see:

High School Students Say They Learn The Most Important Skills Outside of School — from edsurge.com by Jeffrey R. Young

Excerpt (emphasis DSC):

The trend that could have a huge impact on education, at the K-12 and college level, Evans argues. For one thing, it’s a challenge to teachers—that they should do more to tap into the intrinsic motivation of students, that students can learn so much more if they’re excited about what they’re doing.

From DSC:
This item from EdSurge mentioned “free agent learning” — so I put a Google Alert out there for this phrase this morning, as I want to learn more about that topic/item.


 

The Metaverse in 2040 — from pewresearch.org by Janna Anderson and Lee Rainie
Hype? Hope? Hell? Maybe all three. Experts are split about the likely evolution of a truly immersive ‘metaverse.’ They expect that augmented- and mixed-reality enhancements will become more useful in people’s daily lives. Many worry that current online problems may be magnified if Web3 development is led by those who built today’s dominant web platforms

 

The metaverse will, at its core, be a collection of new and extended technologies. It is easy to imagine that both the best and the worst aspects of our online lives will be extended by being able to tap into a more-complete immersive experience, by being inside a digital space instead of looking at one from the outside.

Laurence Lannom, vice president at the Corporation for National Research Initiatives

“Virtual, augmented and mixed reality are the gateway to phenomenal applications in medicine, education, manufacturing, retail, workforce training and more, and it is the gateway to deeply social and immersive interactions – the metaverse.

Elizabeth Hyman, CEO for the XR Association

 


 

The table of contents for the Metaverse in 2040 set of articles out at Pew Research dot org -- June 30, 2022

 


 

Metaverse, NFTs, Web3 And Virtual Land In The Sandbox — from forbes.com by Bernard Marr

Excerpt (emphasis DSC):

So, what does Borget – undeniably one of the pioneers of the concept – think the metaverse actually is?

“For us, metaverse is really this myriad of worlds,” he tells me during our recent webinar conversation, “that users can experience through an avatar that becomes a 3D representation of themselves.”

These avatars are the key to unlocking “all sorts of new experiences … more creative, more immersive, unlike what we’ve seen before with traditional virtual worlds, where users can already socialize … here, what’s important is the ability of users to truly own their own identity, own their own belongings, digital assets, virtual land, houses … and are able to move that identity from one world to another without being constrained.”

“There will be millions of virtual worlds, places where users can take their avatars,” Borget continues. “What’s important is this ability to move from one to another while … keeping all their content they create in one and using it in others.”


Also see:

Metaverse Opportunities, risks and policy implications — from europarl.europa.eu by the European Parliamentary Research Service (EPRS)
Metaverse Opportunities, risks and policy implications

Summary:

One of the most talked about concepts in modern technology, the metaverse can be described as an immersive and constant virtual 3D world where people interact by means of an avatar to carry out a wide range of activities. Such activities can range from leisure and gaming to professional and commercial interactions, financial transactions or even health interventions such as surgery. While the exact scope and impact of the metaverse on society and on the economy is still unknown, it can already be seen that the metaverse will open up a range of opportunities but also a number of risks in a variety of policy areas.

Major tech companies are scaling up their metaverse activities, including through mergers and acquisitions. This has given impetus to a debate on how merger regulations and antitrust law should apply. Business in the metaverse is expected to be underpinned largely by cryptocurrencies and non-fungible tokens, raising issues of ownership, misuse, interoperability and portability. Furthermore, the huge volume of data used in the metaverse raises a number of data protection and cybersecurity issues (e.g. how to collect user consent or protect avatars against identity theft).

There is considerable scope for a wide range of illegal and harmful behaviours and practices in the metaverse environment. This makes it essential to consider how to attribute responsibility, inter alia, for fighting illegal and harmful practices and misleading advertising practices, and for protecting intellectual property rights. Moreover, digital immersion in the metaverse can have severe negative impacts on health, especially for vulnerable groups, such as minors, who may require special protection. Finally, the accessibility and inclusiveness of the metaverse remain areas where progress has still to be made in order to create an environment of equal opportunities.


Also see the following from the Legal Talk Network — with Dennis Kennedy and Tom Mighell

  • Metavisting the Metaverse – Dennis and Tom plunge into the metaverse—its trends, current tech, and possibilities for the future.
  • The Wild World of NFTs – Dennis and Tom dive into these unique digital objects (art, video, and much more) and outline the issues surrounding their current hype and value in the real world.

 

Denis Kennedy and Tom Mighell -- run the Legal Talk Network podcast

 


 

Radar trends to watch: May 2022 — from oreilly.com
Developments in Web3, Security, Biology, and More

Excerpt:

April was the month for large language models. There was one announcement after another; most new models were larger than the previous ones, several claimed to be significantly more energy efficient.

 

Can you truly own anything in the metaverse? A law professor explains how blockchains and NFTs don’t protect virtual property — from theconversation.com by João Marinotti

Excerpt:

Despite these claims, the legal status of virtual “owners” is significantly more complicated. In fact, the current ownership of metaverse assets is not governed by property law at all, but rather by contract law. As a legal scholar who studies property law, tech policy and legal ownership, I believe that what many companies are calling “ownership” in the metaverse is not the same as ownership in the physical world, and consumers are at risk of being swindled.

 
© 2022 | Daniel Christian