The “new normal” paradox: What COVID-19 has revealed about higher education — from bigthink.com by Dr. Michael Crow, President of ASU

Excerpt:

Third, it is abundantly apparent that universities must leverage technology to increase educational quality and access. The rapid shift to delivering an education that complies with social distancing guidelines speaks volumes about the adaptability of higher education institutions, but this transition has also posed unique difficulties for colleges and universities that had been slow to adopt digital education. The last decade has shown that online education, implemented effectively, can meet or even surpass the quality of in-person instruction.

Digital instruction, broadly defined, leverages online capabilities and integrates adaptive learning methodologies, predictive analytics, and innovations in instructional design to enable increased student engagement, personalized learning experiences, and improved learning outcomes. The ability of these technologies to transcend geographic barriers and to shrink the marginal cost of educating additional students makes them essential for delivering education at scale.

Far too many higher education outcomes are determined by a student’s family income, and in the context of COVID-19 this means that lower-income students, first-generation students and students of color will be disproportionately afflicted. And without new designs, we can expect post-secondary success for these same students to be as elusive in the new normal, as it was in the old normal.

This is not just because some universities fail to sufficiently recognize and engage the promise of diversity, this is because few universities have been designed from the outset to effectively serve the unique needs of lower-income students, first-generation students and students of color.

 

Majority of minority female lawyers consider leaving law; ABA study explains why — from abajournal.com by Debra Cassens Weiss

Excerpt:

Seventy percent of female minority lawyers report leaving or considering leaving the legal profession, according to an ABA report on the challenges that they face.

The statistic isn’t statistically significant because the researchers couldn’t find enough women of color in longtime practice to conduct the needed analysis, according to a preface to the reportLeft Out and Left Behind: The Hurdles, Hassles, and Heartaches of Achieving Long-Term Legal Careers for Women of Color.

A June 22 ABA press release is here.

“Women of color have the highest rate of attrition from law firms as they continue to face firm cultures where their efforts and contributions are neither sufficiently recognized nor rewarded,” according to the report.

From DSC:
This is discouraging news. Crud.

 

Law on trial — What the legal industry can do to defend it — from forbes.com by Mark Cohen

Excerpts (emphasis DSC):

How can the legal industry help to restore the rule of law and public confidence in the legal system?

Some Recommendations
The profession must align with the industry to restore public confidence in the legal system. That means, among other things, that lawyers must recognize—as physicians do—that “it takes a village” to battle a crisis. Here are some recommendations how to do it.

1. Acknowledge the problem
2. Collaborate
3. Focus on the Vast, Underserved Retail Market Segment
4. Embrace Diversity
5. Modernize Legal Education and Training
6 Reimagine Courts
7. Think Globally
8. Use Influence to Create Just Laws and Enforce them Equally

 

Diversity, Equity, and Inclusion (DEI) Matters — from by John O’Brien
Higher education, a sector that leads in so many areas, still has much progress to make in leading the way for diversity, equity, and inclusion (DEI).

Excerpts:

Until we reach a point at which those who lead and staff our colleges and universities more closely mirror those we serve, we have real work to do, and it begins with taking a look in that mirror and cultivating organizations that are quipped to serve all students, now and in the future.

Solutions
Ultimately, the cornerstone of efforts to raise awareness, increase diversity, and advance equity is to engender a prevailing sense of inclusivity across our organizations at the highest levels and the furthest corners of our institutions. With this in mind, ACE’s “Moving the Needle” initiative and EDUCAUSE’s “CIO Commitment Statement” both focus on broad buy-in and personal awareness to make a lasting cultural difference.

 

“How has your school delivered on the promise of equal access and educational excellence, particularly during these challenging times?”

YouTube Contest, “With Justice for All,” Seeks Submissions from Students About the Effect of Covid-19 and Recent Tragedies on Their Educational Experience

Prizes include 11 scholarships for students who best address the question, “How has your school delivered on the promise of equal access and educational excellence, particularly during these challenging times?”

WASHINGTON, D.C. — The Center for Education Reform (CER), in partnership with the Freedom Coalition for Charter Schools, the Children’s Scholarship Fund, and the National Alliance for Public Charter Schools, today launched “With Justice for All,” a national YouTube contest for students.

Over the last few months, students and schools have faced significant challenges from distance learning and national tragedies. Times like these highlight how a great education is the most important asset a student has to effectively change the world.

So CER decided to ask students directly: Has your school delivered on the promise of equal access and educational excellence, particularly during these challenging times? Tell us how well your school did — or didn’t do — in providing you a great education.

“We want you to be able to take charge of your education,” said Jeanne Allen, CER’s founder and chief executive. “We want to assist you in writing the next chapter of your education story. Tell us your story, and we’ll tell everybody who needs to know, especially those in power.”

Videos must be shorter than three minutes, hashtagged with #MyEducationVideo, and submitted to MyEducationVideo.com by 11:59 PM EDT on July 4, 2020. Submissions will be evaluated by a panel of celebrity judges. Awards include 10 $2,500 scholarships — and one $20,000 scholarship — to the high school or college of a student’s choice. Winners will be announced during a live-streamed ceremony (date and time T.B.D.), and their videos may be shown to delegates at both of the 2020 national conventions this summer.

“We’ve designed this contest for students ages 13 and older, because we know it can be hard to get your ideas about education heard when you’re a kid,” said Allen.

For more information, visit MyEducationVideo.com.

https://www.myeducationvideo.com/

 

Also see:

“If we are not centering equitable student success, we’re gonna be put back decades and decades. And we’re already trying to retrofit.”

 

‘Unauthorized Practice Of Law’ Rules Promote Racial Injustice — from law.com by Rohan Pavuluri with thanks to Daniel Rodriguez for his Tweet on this

Excerpts:

A less discussed, yet still pernicious, set of policies that must change are the rules lawyers use to regulate their own profession.

Known as unauthorized practice of law, or UPL, rules, every state in America has policies that grant lawyers a monopoly on providing legal advice, prohibiting professionals who are not lawyers from providing meaningful legal assistance. These policies promote racial inequity and guarantee that black Americans don’t have equal opportunities and equal rights under the law.

“It should come as no surprise that only 5% of lawyers are black.[3]”

To reform UPL doesn’t mean choosing between regulation and no regulation of the legal industry. It’s a choice between maintaining a status quo where black people are disproportionately excluded from both providing and receiving assistance and a system where we re-regulate the legal industry to make it more inclusive, increasing the supply of vetted, qualified helpers available.

Also see:

 

From DSC:
I can’t help but reflect on how slippery the slope is when we start talking about using drones — especially as sponsored and used by governments, including our government here in the U.S. Consider the following from The Future Institute.

The Future Institute Today -- discussing the slippery slope of using drones

Excerpt:

Eyes in the sky
As nationwide racial justice protests continue, some journalists and protestors have noticed a new addition to the armed police officers and National Guard troops: a drone flying a hexagon-shaped route 20,000 feet above the streets in Minneapolis. The drone, flown by U.S. Customs and Border Protection, is called a Predator, and is a piece of military technology used for identifying and targeting terrorists overseas. Lately, it’s become a more common sight domestically.

Last month, a number of New Yorkers witnessed a drone floating above them, barking orders to follow social distancing guidelines. The mysterious drone wasn’t official police equipment, but rather a privately owned device piloted by a man named Xavier Arthur in Queens, who was frustrated that people weren’t following stay-at-home orders. He claimed to represent the “Anti-Covid-19 Volunteer Drone Task Force. 

It’s not an isolated incident. During the outbreak, drones have been used extensively to monitor residents and encourage them to stay indoors, to inspect traffic stops and hospitals, and to spray cities with disinfectants. In Paris and Mumbai, they’re patrolling social distancing violators. In China, a video clip went viral, showing a drone breaking up a mahjong game—residents had defied local orders that they stay indoors. Drones with infrared cameras also allegedly flew overhead and checked for people with fevers.

Advanced drones can pinpoint certain behaviors in crowds from high altitudes, recognize and automatically follow targets, and communicate with each other or to command centers on the ground with remarkable precision and low latency. The pandemic and protests are playing to the strengths of an emerging real-time aerial surveillance ecosystem.

3 Things You Should Know

  1. The Flying Internet of Things is taking off.
  2. New drones can self-destruct.
  3. Shareable drones may drive growth in the industry.
 

litera tv dot com -- Daniel Linna and Bob Ambrogi's conversation on June 3, 2020

WEDNESDAY | 6.3 | Law Insights with Bob Ambrogi and Daniel Linna, Director of Law and Technology Initiatives, Northwestern University Pritzker School of Law

Notes (emphasis DSC):

  • Trying to build community, collaborate, work together
  • How do you manage a team remotely? How build community online?
  • Spontaneous interactions still needed
  • In what ways does the online ecosystem ADD to what we are doing?
  • Jury trial – online; equalizer for those involved in trial; “all in same space on the screen”
  • Start with some basic/smaller things – landlord/tenant
  • Racism going on heavily this week – a second pandemic
  • Developing a quality movement in law (Linna)
  • We need quality metrics and we need to measure the value being provided. What makes something effective, high-quality, and valuable? Now apply that thinking to the delivery of legal services.
  • Project mgmt / quality movement – less defects, etc. in 1980’s / lean thinking / 6 sigma in GE / but haven’t seen this in the area of law
  • Empiricism in law – 100 years ago medicine and law were in the same spot; since then medicine started more testing, empirical work, data-driven practices; but law didn’t
  • Daniel Linna’s blog – https://www.legaltechlever.com/
  • Can we come up with metrics?
  • Dan worked with a lawyer-assisted program in Lansing, MI – what happened? What was duration of cases? Data-driven thinking; measure; make it more of a science
  • Bob asked isn’t law less scientific and perhaps more art than a science?
  • What kinds of metrics are we talking about in litigation?
  • Contracts – can we figure out what adds value and what makes a contract “better?” (Insert from DSC: Better for whom though?)
  • What actually matters to the client? Clauses that lawyers think that are important, businesspeople don’t think are important. Risk mitigation is not all the client thinks about.
  • Incomprehensible contracts – too hard to understand
  • Natural language generation – what inputs do we need? We don’t want many contracts to be the dataset that an algorithm gets trained on.
  • (Insert from DSC: Daniel relayed some information that reminded me of Clayton Christensen’s disruptive thinking: 80% of impoverished folks get NOTHING. Totally disconnected. Perhaps we don’t need perfection, but even something is much better than nothing. For example, provide an online legal aid booklet to those who are trying to represent themselves.)
  • Go for low-hanging fruit for more empirical
  • Ambrogi: How does the work you are doing impact access to justice (#A2J)? How could quality movement impact police procedures? Is there applicability in terms of what you are writing about?
  • Human-Centered Design – uncovering biases. Why would people TRUST the criminal system if they can’t trust the CIVIL system? Perhaps if landlords thought differently. Disconnected.
  • Innovate, improve, project management;
  • Way decisions are made vary greatly; need more open data from our courts; lack of transparency from courts.
  • Leadership – commitment to resolve issues. Lacking vision. What do we want our legal systems to look like/act like?

Call to action:

  • Have or develop a quality mindset
  • Leadership needs to paint a vision for what the future looks like
  • Training around legal operations
  • How to measure quality and value – be more data-driven

We need disruption AND continuous improvement – not one or the other.
–Daniel Linna

 

ABA President Judy Perry Martinez on the ABA and the Profession in a Pandemic [Ambrogi]

ABA President Judy Perry Martinez on the ABA and the Profession in a Pandemic — from lawsitesblog.com by Robert Ambrogi

Excerpt:

We talked about how she and the ABA have responded to the pandemic, including with her appointment of the Task Force on Legal Needs Arising Out of the 2020 Pandemic and, just last week, the Coordinating Group on Practice Forward. We also discussed her thoughts on the pandemic’s impacts on the profession, the justice system, and access to justice.

 

DC: Ouch! Likely a *major game-changer* — esp given the current landscape of #HigherEducation. [Christian]

From DSC:
Readers of this blog will know that I’m a big fan of online learning. That said, I realize it’s not for everyone. Our son, who is studying to become an actor, hates it.

Given:

  • our current technological tools, setups, and  infrastructures
  • the ways that we are used to doing things
  • our past and current educational systems 
  • and folks’ learning preferences

…it’s hard to do some things online. I get it.

That said, I wouldn’t rule out the further significant growth and development of online-based learning experiences by any stretch of the imagination. The Coronavirus will force traditional institutions of higher education (plus many K-12 school systems as well as corporate training programs) to invest much more aggressively in the research and development of online-based learning experiences. And with AI-based tools like Otter.AI, our future virtually/digitally-based learning ecosystems could be very powerful indeed.

As but one example, consider that AI technologies — as unseen but present participants in future videoconferencing calls — will “listen” to the conversation and likely provide us with a constantly updating sidebar that will consist of beneficial resources such as:

  • relevant research
  • websites
  • journal articles
  • blog postings
  • former team conversations
  • etc.

The output from that sidebar will likely be able to be saved /downloaded just like we do with transcripts of chat sessions. The available options for such a service will be customizable, and filtering mechanisms can be turned on, or off, or be adjusted.

Otter dot AI

 

All of that said, it IS time to reduce the investments that are being used to create new athletic facilities and/or other new physical buildings. And it’s time to start reallocating those millions of dollars of investments into creating/developing highly-effective online-based learning experiences. 

Don’t get me wrong. Going to campus is an ideal learning experience, and I hope that for everyone out there. But if the current trends continue — especially the increasing costs of obtaining a degree — that won’t be an option for a growing number of people (especially with the aftermath/ripple effects of the Coronavirus on our society).

#CostOfObtainingADegree #StudentRelated #AI #InstructionalDesign #IntelligentSystems #IntelligentTutoring #FutureOfHigherEducation #Innovation #LearningEcosystems #HigherEducation #Change #NewBusinessModels #Reinvent #StayingRelevant #Surviving

 

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

Excerpts:

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

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

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

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

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

The pandemic is accelerating digital transformation.

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

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

 
 

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.

 

 

From DSC:
As the ripples move outward from this time of the Coronavirus, we need to be very careful with #EmergingTechnologies. For example, where might the use of (police dept) drones equipped with #AI #FacialRecognition flying overhead take us? What if you’re of the “wrong religion” in a country? Hmm…

 

Social Distancing Enforcement Drones Arrive in the U.S. — from nymag.com by Adam Raymond

Excerpts:

In late January, a viral video from China showed people who’d wandered outside in the early days of the coronavirus outbreak getting scolded by a disembodied voice from a drone flying overhead. Last month, similar campaigns began in France, where locals flouting travel restrictions were gently reminded to “respectez les distances de sécurité s’il vous plaît.”

Now, self-righteous flying robots have made their way to the U.S., with at least two American police departments deploying drones to tell people to disperse, go home, and stay there.

“These drones will be around the City with an automated message from the Mayor telling you to STOP gathering, disperse and go home,” the police department wrote on Facebook. “Summonses HAVE AND WILL CONTINUE to be issued to those found in violation. Fines are up to $1000. You have been advised.”

 

Are you marking the boundaries between remote and online learning? — from linkedin.com by Amrit Ahluwalia

Excerpt:

As we shift from a three-stage life model to a 100-Year Life model, ongoing and continuing education is going to become a standard part of the lives of every student currently pursuing a degree, and for almost every adult currently in the workforce.

It’s really important that this experience doesn’t taint their perspective of online learning, because it’s more than likely that they’ll need to leverage online learning to maintain their career progression later in life.

In the early stages of the transition, however, it looks like both learners and faculty might be really embracing the possibilities offered by remote learning technologies.

 
© 2025 | Daniel Christian