future

ABA cleans up accreditation rules surrounding distance education for law schools — from highereddive.com by Lilah Burke

Dive Brief (emphasis DSC):

Recent amendments to American Bar Association accreditation standards addressed definitions of distance education, but Leo Martinez, immediate past chair of the ABA Council for the Section of Legal Education and Admissions to the Bar, says the resolution won’t change much for law schools without waivers allowing them to conduct extra distance education.
The changes, made at the ABA’s annual meeting in August, were meant to clarify language in accreditation standards.
The ABA, which serves as the accreditor for 199 law schools and programs, requires waivers for institutions that want to offer more than one-third of J.D. program credits online. But it remains interested in reviewing distance education.

From DSC:
For an industry in the 21st century whose main accreditation/governance body for law schools still won’t let more online learning occur without waivers…

…how can our nation expect future lawyers and law firms to be effective in an increasingly tech-enabled world?

Here’s the pace of change in the world today:

The exponential pace of change is like warp speed for the U.S.S. Enterprise (Star Trek) or the hyperdrive on the Millennium Falcon (Star Wars).

Yet here’s the pace that the American Bar Association (@ABAesq) has been taking — and continues to take — at least in the area of supporting online-based learning as well as in developing sandboxes/new methods of improving access to justice (#A2J):

.

It’s high time the ABA did their research re: online-based learning and majorly picked up their pace. Undergraduate online-based education started back in the late 1990’s for crying out loud! (And the number of students taking one or more of their courses completely online has been increasing ever since that time.)

Plus, many law school students are adults who have jobs as well as families. They often don’t have the time nor the money to travel to campuses in order to take part in something that they could have easily accomplished online.

It’s also appropriate to recognize here that the current learning ecosystems out there continue to move more towards hybrid/blended learning models as well as a hyflex model.

The ABA is not serving law school students nor our citizenry well at all in this regard.

What would it take for higher education to develop/offer such “capability academies?” [Christian]

On 08/26/2022, in 21st century, 24x7x365 access, adjunct faculty, career development, changing business models, colleges, communities of practice, community colleges, competency-based learning/education, content development, aggregation, repositories, corporate / business world, corporate universities / corporate training, curriculum, Daniel S. Christian, Design Thinking, experimentation, faculty/staff, future, future of higher education, game-changing environment, higher education, ideas, innovation, instructional design, intelligent systems, intelligent tutoring, learning, learning agents, learning ecosystem, Learning Experience Design, Learning from the Living [Class] Room, learning spaces, lifelong learning, microlearning, more voice more choice more control, new business models, personalized/customized learning, platforms, society, staying relevant, streams of content, surviving, traditional / tradition, training / L&D, United States, universities, user experience (UX), using teams, vision/possibilities, vocational / trades, by Daniel Christian

From DSC:
Below are some reflections based on an article entitled, Understanding learning transfer through Archwell Academies. It’s from chieflearningofficer.com and was written by Erin Donovan and Keith Keating.

Excerpt:

To capitalize on learning transfer and extend learning beyond traditional training periods, practitioners have established capability academies. According to Josh Bersin, capability academies are the evolution of traditional training and self-directed learning. Bersin posited:

Capability academies are business-driven, collaborative learning environments that facilitate learning retention. . . . Going beyond rote lessons, capability academies help companies prepare for transformation by helping employees develop complex skills and providing guidance on how to apply them in the context of the business.

The core concept of capability academies rests on the importance of collaboration between the trainers and the business. The intention is to provide learners with practice of conceptual understanding and comparative scenarios in the context and environment where they will ultimately apply their skills. Capability academies focus on providing training distinctly aligning with learners’ job responsibilities.

From DSC:
First of all, I have a lot of respect for the people that this article mentions, such as Josh Bersin and Will Thalheimer. So this article caught me eye.

It seems to me that the corporate world is asking for institutions of traditional higher education to deliver such “capability academies.” But that makes me wonder, could this even be done? Surely there aren’t enough resources to develop/deliver/maintain so many environments and contexts, right? It took Archwell, a global mortgage services outsourcing provider, an entire year to systematically design and develop such customized capability academies — just for their clients’ businesses.

The article goes on:

The core concept of capability academies rests on the importance of collaboration between the trainers and the business. The intention is to provide learners with practice of conceptual understanding and comparative scenarios in the context and environment where they will ultimately apply their skills. Capability academies focus on providing training distinctly aligning with learners’ job responsibilities.

Context. Skills. Acquiring knowledge. Being able to apply that knowledge in a particular environment. Wow…that’s a lot to ask institutions of traditional higher education to deliver. And given the current setup, it’s simply not going to happen. Faculty members’ plates are already jammed-packed. They don’t have time to go out and collaborate with each business in their area (even with more sabbaticals…I don’t see it happening).

I’m sure many at community colleges could chime in here and would likely say that that’s exactly what they are doing. But I highly doubt that they are constantly delivering this type of customized offering for all of the businesses in each major city in their area.

I can hear those in corporate training programs saying that that’s what they are doing for their own business. But they don’t provide it for other businesses in their area.

So, what would it take for higher education to develop/offer such “capability academies?” Is it even possible?

We continue to struggle to design the ultimate learning ecosystem(s) — one(s) whereby we can provide personalized learning experiences for each person and business. We need to continue to practice design thinking here, as we seek to provide valuable, relevant/up-to-date, and cradle-to-grave learning experiences.

The problem is, the pace of change has changed. Institutions of traditional higher education can’t keep up. And frankly, neither can most businesses out there.

I keep wondering if a next-generation learning platform — backed up by AI but delivered with human expertise — will play a role in the future. The platform would offer products and services from teams of individuals — and/or from communities of practices — who can provide customized, up-to-date training materials and the learning transfers that this article discusses.

But such a platform would have to offer socially-based learning experiences and opportunities for accountability. Specific learning goals and learning cohorts help keep one on track and moving forward.

Teens Have Changed Their Higher Ed Plans — Survey Shows They May Never Go Back — from the74million.org by John Kristof & Colyn Ritter
Kristof & Ritter: COVID-19 forced HS students to re-evaluate their learning plans. If colleges want enrollment to recover, they must adapt

Excerpt:

Each of the nearly 4 million students who graduated high school this spring faces major decisions this summer. Do they want to pursue further education? If so, what do they want to study and where? How will they afford it? Will they begin working immediately? If so, are they moving out of their family home? Are they prepared for the hassles of adulthood?

According to a recent survey we at EdChoice conducted in conjunction with Morning Consult, teenagers are embracing their agency in an increasingly broad array of choices. What they told us might worry institutions of higher education — because the next generation appears less interested in the traditional college pipeline.

Fluid students flowing in and out of education are higher ed’s future. Here’s how colleges must adapt. — from highereddive.com by Anne Khademian
The Universities at Shady Grove’s executive director adapts the fluid fan idea reshaping the business of sports, shedding light on higher ed’s future.

We need less tweaking and more rethinking of how to deliver greater access, affordability and equity in higher education, and we must do it at scale. We need a new paradigm for the majority of students in higher education today that commits to meaningful employment and sustainable-wage careers upon completion of a degree or credential.

The challenge is the same for the business of higher education in serving future, more fluid students — and today’s nontraditional students. Many need to flow in and out of jobs and education, rather than pursue a degree in two or four years. Increasingly, they will seek to direct their educational experience toward personalized career opportunities, while stacking and banking credentials and experience into degrees.

From DSC:
Coming in and going out of “higher education” throughout one’s career and beyond…constant changes…morphing…hmm…sounds like a lifelong learning ecosystem to me.

#learningecosystems #learningfromthelivingclassroom
#highereducation #change #lifelonglearning

75% of master’s programs with high debt and low earnings are at private nonprofits — from highereddive.com by Lilah Burke
Urban Institute report undermines narrative that programs with poor student outcomes are all at for-profit colleges and in the humanities.

Although private nonprofit institutions accounted for 44% of all master’s programs in the data, they made up 75% of programs with high debt and low earnings.

Tuition increases, lower capital spending likely in store for higher ed as inflation persists, Fitch says — from highereddive.com by Rick Seltzer

The next inflation-driven worry: Rising college tuition — from washingtonpost.com by Nick Anderson and Danielle Douglas-Gabriel
Families are concerned about affordability of higher education

Spiraling rents are wreaking havoc on college students seeking housing for the fall — from by Jon Marcus
Big hikes are forcing students deeper into debt, risk pushing more out of school altogether

From DSC:
From someone who is paying for rent for a college student — along with tuition, books, fees, etc. — this has direct application to our household. If there isn’t a perfect storm developing in higher ed, then I don’t know what that phrase means.

#costofhighereducation #inflation

HBCUs see a historic jump in enrollments — from npr.org with Michel Martin; with thanks to Marcela Rodrigues-Sherley and Julia Piper from The Chronicle for the resource

Also from that same newsletter:

What would Harvard University’s ranking be if the only criteria considered was economic mobility? According to The Washington Post, it would be 847th out of 1,320. First place would go to California State University at Los Angeles.

A New Vision for the Future of Higher Education: Prioritizing Engagement and Alignment — from moderncampus.com with Amrit Ahluwalia and Brian Kibby

Excerpt:

Change is a constant in higher ed, just as it is in the labor market. Staying up to date and flexible is more important than ever for colleges and universities, and through the pandemic, many relied on their continuing and workforce education divisions to support their agility. In fact, 56% of higher ed leaders said the role of their CE units expanded through the pandemic.

The pandemic led to some of the biggest innovations in continuing ed in recent memory.

Students Lobby Lawmakers to Improve College Experience for Neurodiverse Learners — from edsurge.com by Daniel Lempres

Excerpt:

Lobbying for more support for students with learning disabilities in higher education, the students called for increased funding for the National Center for Special Education Research and the Individuals with Disabilities Education Act (IDEA Act) — legislation which requires that children with disabilities be given a free and appropriate public education, and makes it possible for states and local educational agencies to provide federal funds to make sure that happens. They also encouraged lawmakers to pass the RISE Act, a bill designed to better support neurodiverse students in higher education.

What a Homework Help Site’s Move to Host Open Educational Resources Could Mean — from edsurge.com by Daniel Mollenkamp

How can leaders bridge the gap between higher ed and employers? — from highereddive.com by Lilah Burke

Dive Brief:

Partnerships between higher education institutions and employers can be difficult to create, often because of misalignment between the cultures, structures and values of the two groups, according to a July report from California Competes, a nonprofit policy organization focused on higher education.
Higher ed leaders could improve employer relations by making industry engagement an expected responsibility of both faculty and staff, said the report, which drew from 28 interviews with people at colleges and employers.
Robust employer engagement can strengthen enrollment and job outcomes for students, the authors argued, while also benefiting state and local economies.

Price-fixing lawsuit against 568 Group of top-ranked universities can continue, judge rules — from highereddive.com by Rick Seltzer

Termination of the Accrediting Council for Independent Colleges and Schools as an ED Recognized Accrediting Agency — from blog.ed.gov

A great list of resources for those who want to study the future

On 08/20/2022, in future, game-changing environment, generational differences, trends, by Daniel Christian

Where can I find the future? — from thefuturesschool.com

Excerpt:

Environmental scanning is the most critical practice for all foresight practitioners. But where to begin with sourcing interesting scan hits? The internet is an endless ocean of information, littered with misinformation and distractions. Even if you have a solid grip on how to conduct quality futures intelligence, good scan hits can be hard to come by– that is, until you know where to look.

Below is a list of our favorite sources along with our community’s. Use it to kick-start or support your scanning practice!

Reflections on “Augmented Books Are On The Way According To Researchers” [Melnick]

On 08/13/2022, in 21st century, 24x7x365 access, A/V -- audio/visual, attention, Augmented Reality (AR), content development, aggregation, repositories, creativity, Daniel S. Christian, digital learning, digital storytelling, drama/theater, e-publishing related items (EPUB and more), education technology, educational games / serious games, emerging technologies, Emotion, engagement / engaging students, experimentation, future, ideas, innovation, instructional design, IT in HE, K-12 related, law schools, learning ecosystem, liberal arts, library / librarians, love of learning, mobile learning, mobile technologies, reading, research, story, storytelling, tablets, TVs, UK, vendors, vision/possibilities, XR - extended reality, by Daniel Christian

Augmented Books Are On The Way According To Researchers — from vrscout.com by Kyle Melnick

Excerpt:

Imagine this. You’re several chapters into a captivating novel when a character from an earlier book makes a surprise appearance. You swipe your finger across their name on the page at which point their entire backstory is displayed on a nearby smartphone, allowing you to refresh your memory before moving forward.

This may sound like science fiction, but researchers at the University of Surrey in England say that the technology described above is already here in the form of “a-books” (augmented reality books).

The potential use-cases for such a technology are virtually endless. As previously mentioned, a-books could be used to deliver character details and plot points for a variety of fictional works. The same technology could also be applied to textbooks, allowing students to display helpful information on their smartphones, tablets, and smart TVs with the swipe of a finger.

From DSC:

How might instructional designers use this capability?
How about those in theatre/drama?
Educational gaming?
Digital storytelling?
Interaction design?
Interface design?
User experience design?

Also see:

Attend a metaverse job fair in VR later this month: https://t.co/gE1VIDewBT pic.twitter.com/l4t5RgZ9xa

— VRScout (@VRScout) August 6, 2022

The future of learning: Co-creating skills development strategies with employee preferences [Young Rivers]

On 08/10/2022, in adult learning, business, career development, collaboration, communications, communities of practice, content development, aggregation, repositories, corporate / business world, corporate universities / corporate training, digital learning, future, heutagogy, ideas, instructional design, learning, learning ecosystem, Learning Experience Design, learning preferences, MOOCs -- Massive Open Online Courses, more voice more choice more control, pace of change, personalized/customized learning, platforms, podcasting, skills, training / L&D, using teams, vendors, vision/possibilities, web-based collaboration, webinars, workplace, by Daniel Christian

The future of learning: Co-creating skills development strategies with employee preferences — from chieflearningofficer.com by Stacey Young Rivers
The limitations of developing just-in-time learning strategies perpetuate a paradigm where learning and development can appear ineffective for teams that have to move quickly and fail fast.

Excerpt:

I believe the future of learning will be a system where employees and learning teams co-create experiences. No longer will skills development programs be created in silos for employees to consume. Gone will be the days of conducting exhaustive needs analysis that can add layers of complexity for program delivery.

The limitations of developing just-in-time learning strategies perpetuate a paradigm where learning and development can appear ineffective for teams that have to move quickly and fail fast. Thinking about how to overcome these challenges conjures a solution similar to a metaverse, a persistent virtual world that is always open. One value proposition of a metaverse is that everyone can create their own adventure in an ecosystem supporting curiosity and experimentation, two areas undergirding skills development.

With this lens, understanding employee preferences for learning is the beginning of co-creating experiences, and one approach for how L&D leaders can begin to structure skills development programs. While conducting a study to engage employees in training, we uncovered new insights into where corporate L&D is headed in the future.

Also relevant here, see:

Workplace Learning: Still a Mess — from eliterate.us by Michael Feldstein

Excerpt:

There’s a mantra these days that higher education needs to get better at listening to industry so they can better prepare students for work. And while there is definitely some truth to that, it assumes that “industry” knows what it needs its workers to know. Former HP CEO Lew Platt once famously said, “If only Hewlett Packard knew what Hewlett Packard knows, we’d be three times more productive.”

In other words, a lot of vital know-how is locked up in pockets within the organization. It doesn’t reach either the training folks or the HR folks. So how are either universities or EdTech professional development companies supposed to serve an invisible need?

It’s not that they don’t know how to learn or they don’t like to learn online. It’s because their experience tells them that their valuable time spent “learning” might not equate to actual skills development.

Addendum on 8/15/22:

Workplace Learning: A Follow-up — from eliterate.us by Michael Feldstein

The Metaverse Is Not a Place: It’s a communications medium. [O’Reilly]

On 08/10/2022, in 21st century, 24x7x365 access, 3D, A/V -- audio/visual, Artificial Intelligence/Agents/LLMs/and Related, bots, cryptocurrencies, distance education, drama/theater, emerging technologies, engagement / engaging students, experimentation, future, global / globalization, human-computer interaction (HCI), ideas, immersion, innovation, IT in HE, K-12 related, law schools, learning ecosystem, Learning from the Living [Class] Room, learning hubs & pods & microschooling, learning spaces, Metaverse, multimedia, new media literacies, online learning, online media, online tutoring, participation, platforms, remote teaching and learning, social learning / networks, social media, society, technologies for your home, technology (general), telecommunications, telelegal, telemedicine / telehealth / virtual health, telepresence, tools, training / L&D, trends, United States, user experience (UX), vendors, videoconferencing, Virtual courts and law firms, virtual field trips, virtual K-12 schools, Virtual Reality (VR) / worlds / learning, vision/possibilities, wearables, web-based collaboration, Web3, XR - extended reality, by Daniel Christian

The Metaverse Is Not a Place — from oreilly.com by Tim O’Reilly
It’s a communications medium.

Excerpt:

Foundations of the metaverse
You can continue this exercise by thinking about the metaverse as the combination of multiple technology trend vectors progressing at different speeds and coming from different directions, and pushing the overall vector forward (or backward) accordingly. No new technology is the product of a single vector.

So rather than settling on just “the metaverse is a communications medium,” think about the various technology vectors besides real-time communications that are coming together in the current moment. What news from the future might we be looking for?

Virtual Reality/Augmented Reality…
Social media…
Gaming…
AI…
Cryptocurrencies and “Web3”…
Identity…

#metaverse #AI #communications #gaming #socialmedia #cryptocurrencies #Web3 #identity #bots #XR #VR #emergingtechnologies

Mindful Leadership for Change — from gettingsmart.com by Rebecca Midles

Key Points

This blog builds upon Framing and Designing the How.
It digs into strategies for determining the ideal pace for implementation of innovation.

Also from gettingsmart.com, see:

States Partner on Micro-Credentials to Personalize Teacher Learning — from gettingsmart.com by Tom Vander Ark

Key Points

In 2020, more than 2000 educators earned more than 4000 micro-credentials.
Schools and systems adopted this new approach to give teachers more voice and choice in their learning.

“Lawyers and the Metaverse”, 3 warnings re: virtual hearings, using tech to advance legal ed, & more

On 07/25/2022, in 21st century, Access to Justice (A2J), Asia, Blockchain, business, Canada, change, changing business models, cloud-based computing / apps / other cloud-related, collaboration, communications, copyright/ownership/NFTs, corporate / business world, cryptocurrencies, emerging technologies, experimentation, face-to-face, future, game-changing environment, human-computer interaction (HCI), immersion, innovation, interaction design, interactivity, law schools, legal technologies, legislatures / government / legal, new business models, platforms, privacy, society, strategy, telelegal, tools, United States, vendors, Virtual courts and law firms, Virtual Reality (VR) / worlds / learning, vision/possibilities, wearables, Web3, by Daniel Christian

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.

The Future of Futures [Dollé]

On 07/25/2022, in 21st century, business, corporate / business world, future, leadership, organizational change, pace of change, strategy, vision/possibilities, workplace, by Daniel Christian

The Future of Futures — from maried.substack.com by Marie Dollé; with thanks to Robert Ferraro this resource
Anticipating tomorrow, demystifying the hype, making the ambient chaos a little more intelligible… Faced with a world in crisis, the futures industry is experiencing a ‘big bang’!

Excerpt:

As Matt Klein, trend lead at Reddit and author of the Zine newsletter, very wisely explains, “Overwhelmed with data and headlines, we have more opportunities to connect the dots and identify trends. But without a framework or ability to actually differentiate worthy signal versus noise, we become conspirators cooking up meaningless and ephemeral things (…) It’s not enough to just paint a picture of the zeitgeist. Analysts, consultants and service providers need to help their clients decode a trend’s drivers, opportunities and threats, and then strategize.” A view shared by David Mattin: according to the trend expert and former Trendwatching consulting director, the pandemic has accelerated the growing awareness within many organizations of the need for some form of structured thinking around the future. “There is a necessary shift away from tactical trends and toward strategic thinking and transformation of organizations and systems. There is also a need for new and more rigorous ways to combine quantitative and qualitative data with future thinking,” he says.

How might Augmented Reality (AR) glasses help with the lost luggage situations? [Christian]

On 07/25/2022, in 21st century, 24x7x365 access, A/V -- audio/visual, adult learning, Artificial Intelligence/Agents/LLMs/and Related, assistive technologies, Augmented Reality (AR), content development, aggregation, repositories, corporate / business world, corporate universities / corporate training, Daniel S. Christian, emerging technologies, experimentation, future, training / L&D, workplace, XR - extended reality, by Daniel Christian

‘It’s a mess and I’ve never seen anything like it’: global lost luggage crisis mounts — from theguardian.com by Mattha Busby

From DSC:
After seeing the above article, I wondered:

How might the future #AR glasses help with this situation?
Could such devices help the relevant employees automatically scan each bar code for where to route (or not) the luggage? (As I’m sure is already happening in many situations that occur away from what’s occurring on the tarmac.)

Will AR glasses be used for such training-related applications in the future? For such logistical applications? Hmmm…time will tell.

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

On 07/25/2022, in 21st century, accreditation, adult learning, Artificial Intelligence/Agents/LLMs/and Related, Augmented Reality (AR), Blockchain, change, changing business models, cloud-based computing / apps / other cloud-related, communities of practice, copyright/ownership/NFTs, corporate / business world, Cost of legal services - including access, credentialing, cryptocurrencies, dangers of the status quo, Daniel S. Christian, distance education, emerging technologies, engineering, entrepreneurship, experimentation, face-to-face, future, higher education, Holographic comms, human-computer interaction (HCI), hybrid learning, Hyflex learning, ideas, innovation, instructional design, law schools, leadership, learning ecosystem, Learning Experience Design, Learning from the Living [Class] Room, learning preferences, learning spaces, Legal operations, legal reform, legal technologies, legislatures / government / legal, Metaverse, Michigan, Mixed Reality (MR), Natural Language Processing (NLP), Near Field Communication (NFC), online learning, organizational change, pace of change, platforms, policy, productivity / tips and tricks, reinvent, robotics, skills, society, staying relevant, strategy, surviving, technology (general), telelegal, trends, Uncategorized, United States, universities, using teams, vendors, Virtual courts and law firms, Virtual Reality (VR) / worlds / learning, vision/possibilities, Web3, workplace, XR - extended reality, by Daniel 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.

Aurora Institute: Create Learning Ecosystems & Competency-Based Pathways Aligned Across K-12, Higher Education, Career & Technical Education, & the Workforce

On 07/25/2022, in 21st century, 24x7x365 access, active learning, adult learning, Alternatives, assessment, Bias | Diversity Equity & Inclusion (DE&I), budgets, career development, change, changing business models, collaboration, colleges, communities of practice, community colleges, competency-based learning/education, corporate / business world, corporate universities / corporate training, Design Thinking, education, education reform, engagement / engaging students, experimentation, future, future of higher education, game-changing environment, higher education, ideas, innovation, instructional design, K-12 related, leadership, learning, learning ecosystem, Learning Experience Design, Learning from the Living [Class] Room, learning preferences, legislatures / government / legal, lifelong learning, love of learning, more voice more choice more control, motivation, participation, passions, personalized/customized learning, policy, real-world assignments, reinvent, skills, society, staying relevant, strategy, student-related, surviving, teachers, teaching & learning, training / L&D, United States, user experience (UX), vision/possibilities, vocational / trades, workplace, youth, by Daniel Christian

“We must invest in building the new policies, practices, and infrastructure that drive transformational
change toward aligned, lifelong learning ecosystems w/personalized + #CBE pathways. In learning ecosystems, learning is organized around individuals…” https://t.co/xWCIngcEV5

— Emily Liebtag, Ed.D. (@EmilyLiebtag) July 21, 2022

Aurora Institute: Federal Policy Priorities and Recommendations 2022 — from aurora-institute.org

Introduction:

It is critically important for our country to reimagine education and focus on investing in our future, not our past. The current K-12 education system has not produced equitable outcomes for all students. We must change policies and invest in innovation to transform our education systems. Student-centered policies are needed for true systems change and innovations for equity. We must challenge frames and investments that perpetuate tinkering with the existing system, rather than reimagining it. The time is ripe to redesign education to align with future needs and purposes to achieve human flourishing.

To ensure all learners are prepared for life’s uncertainties, as well as a more knowledge-driven workforce and economy, we must restructure the education system to universally recognize anytime, anywhere learning. Many states and districts have taken steps to move in new and improved directions, but more work must be done to meet students where they are and accelerate them to successful futures and prosperity. We must question the fundamental purposes of our education system, align our goals to that purpose, and expand learning to anytime and anyplace, with greater opportunities for next generation learning.

Aurora Institute’s latest Federal Policy Priorities represent an equity-oriented and future-focused set of recommendations designed to ensure that the nation’s education system moves from its current state to a system capable of preparing all learners with the knowledge and skills necessary to achieve lifelong success.

From DSC:
I post this because I like the design thinking exhibited herein. I love the idea of greater collaboration between K-12, higher education, vocational training, and the workforce/workplace. We should consider eliminating — or at least building much better bridges between the — existing silos. These silos seem to be easier to put up than they are to take down.

Learning Ecosystems

In the USA, the perspectives of the ABA re: online-based learning — and their take on the pace of change — are downright worrisome. [Christian]

What would it take for higher education to develop/offer such “capability academies?” [Christian]

A great list of resources for those who want to study the future

The future of learning: Co-creating skills development strategies with employee preferences [Young Rivers]

“Lawyers and the Metaverse”, 3 warnings re: virtual hearings, using tech to advance legal ed, & more

The Future of Futures [Dollé]

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