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PODCAST EPISODE 369: USING SPACED REPETITION FOR YOUR LAW SCHOOL AND BAR EXAM STUDIES (W/GABRIEL TENINBAUM)

In this episode we discuss:

  • Some background on our guest Gabe Teninbaum, and why he’s passionate about spaced repetition
  • The theory behind spaced repetition and how it works in practice
  • Using spaced repetition to memorize material as a law student
  • How early in your study should you start using the spaced repetition technique?
  • Does learning with spaced repetition as a law student help lay the foundation for bar study?
  • How you can use the spacedrepetition.com website for your law school and bar exam studies
 

Speaking of technology and the law, also see:

Holding Court Outside the Courtroom — from legaltalknetwork.com

Host: Molly McDonough, Legal Talk Network Podcast Producer and Founder of Molly McDonough Media, LLC.

Guests:

  • Dori Rapaport, Executive Director at Legal Aid Services of Northeastern Minnesota
  • David Estep, Supervising Attorney at Legal Aid of West Virginia
  • Honorable Jeanne M. Robison, Salt Lake City Justice Court Judge
 

A Guide to Solar Jobs for the Previously Incarcerated — from ecowatch.com by Kristina Zagame; with thanks to Elisa Andrew for this resource

Elisa writes:

As you know, employment and education are two of the biggest barriers to successful re-entry for formerly incarcerated people. At the same time, clean energy employers consistently cite a lack of skilled, qualified workers as their primary barrier to market expansion. There’s a huge opportunity for solar to pave a pathway to stable employment for those looking to re-enter the workforce.

That’s why our EcoWatch team created a comprehensive guide on how those who were previously incarcerated can get training in the industry through existing solar programs and apprenticeships:

A Guide to Solar Jobs for the Previously Incarcerated
https://www.ecowatch.com/solar-jobs-for-formerly-incarcerated.html

Excerpt:

Formerly incarcerated people continue to face huge obstacles in finding stable employment. According to a recent report, roughly 60% of people released from federal prison are jobless. Research also suggests that those who did find jobs were given no job security or upward mobility.

Mass incarceration is a crisis in this country much like climate change. While many seem aware of it, not enough action has been taken to rectify the situation. Meanwhile, controversy, stigma and misinformation surrounding the issues spread as fast as West Coast wildfires.

But what if climate action could become the key to helping those formerly incarcerated re-enter the workforce?

 

From DSC:
I received an email the other day re: a TytoCare Exam Kit. It said (with some emphasis added by me):

With a TytoCare Exam Kit connected to Spectrum Health’s 24/7 Virtual Urgent Care, you and your family can have peace of mind and a quick, accurate diagnosis and treatment plan whenever you need it without having to leave your home.

Your TytoCare Exam Kit will allow your provider to listen to your lungs, look inside your ears or throat, check your temperature, and more during a virtual visit.

Why TytoCare?

    • Convenience – With a TytoCare Exam Kit and our 24/7/365 On-Demand Virtual Urgent Care there is no drive, no waiting room, no waiting for an appointment.
    • Peace of Mind – Stop debating about whether symptoms are serious enough to do something about them.
    • Savings – Without the cost of gas or taking off work, you get the reliable exams and diagnosis you need. With a Virtual Urgent Care visit you’ll never pay more than $50. That’s cheaper than an in-person urgent care visit, but the same level of care.

From DSC:
It made me reflect on what #telehealth has morphed into these days. Then it made me wonder (again), what #telelegal might become in the next few years…? Hmmm. I hope the legal field can learn from the healthcare industry. It could likely bring more access to justice (#A2J), increased productivity (for several of the parties involved), as well as convenience, peace of mind, and cost savings.


 

 

The Justice Gap: The Unmet Civil Legal Needs of Low-income Americans — from the Legal Services Corporation

Legal Services Corporation’s 2022 Justice Gap Report provides a comprehensive look at the differences between the civil legal needs of low-income Americans and the resources available to meet those needs. LSC’s study found that low-income Americans do not get the help they need for 92% of their civil legal problems, even though 74% of low-income households face at least one civil legal issue in a single year.

The consequences that result from a lack of appropriate counsel can be life-altering – low-income Americans facing civil legal problems can lose their homes, children and healthcare, among other things. Help can be hard to access, so LSC is working to bridge this “justice gap” by providing pro bono civil legal aid for those in need. Find out more about LSC’s work to ensure equal justice for all by tuning in to the rest of the Justice Gap video series.

For more information on the Justice Gap, visit https://justicegap.lsc.gov/.

Also relevant/see:

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Legal Services Corporation’s 2022 Justice Gap Report provides a comprehensive look at the differences between the civil legal needs of low-income Americans and the resources available to meet those needs.

 

Table of Experts: Trends in Higher Education — from bizjournals.com by Holly Dolezalek. The Minneapolis-St. Paul Business Journal held a panel discussion recently about trends in higher education.

Excerpts (which focus on law schools/the legal profession):

Anthony Niedwiecki: The legal profession and legal education are very conservative. Covid showed they can, and we as institutions can, change. At Mitchell Hamline, we were the first law school in the country to offer a partially online JD degree. We’ve had that experience since 2015, which has really helped us through Covid. But I think the biggest thing I’ve learned from our students through this process is the need for flexibility. We thought students would want to go back into the classroom at some point and be around people. No! They voted by the classes they signed up for: They signed up for the classes that were online. Some students want to be on campus, some online. So we’ve had to develop our program around different types of modalities we may not have given any thought to before. The students in the online program range in age all the way up to 73 years old. They’ve been in careers, they’re accountants, they’re doctors, they’re health care professionals, elected officials. The other thing is office hours — students like online office hours because it’s convenient, and they can be in an office where other people are talking and learn from it.

 The lesson I take from that, in some ways, even applying it to the law school, is having that partnership with people who want to hire students to make sure that they’re actually involved with the students. We’re finding they help mentor those students, help us make sure we have the right courses in place, and give them opportunities to do internships and externships. So we’ve been starting to partner with some national professional organizations that are attached to the law.
 

2022 Winners of the LegalTech Breakthrough Awards — from legaltechbreakthrough.com

Categories include:

  • Case Management
  • Client Relations
  • Data & Analytics
  • Documentation
  • Legal Education
  • Practice Management
  • Legal Entity Management
  • Legal Research
  • Online Dispute Resolution
  • Contract Management
  • eDiscovery
  • Marketplaces
  • RegTech
  • Leadership

Also see:

With the cost of international air travel rising sharply, remote hearings are a practical alternative to in-person proceedings. International travel is expensive, and the virtual option means that it is no longer necessary to count travel as a “cost of doing business” when pursuing an international dispute. The widespread use of technology in global dispute resolution proceedings gives attorneys and their clients the option to participate remotely, which is a compelling cost saver for all parties. 

  • Most debt lawsuits get decided without a fight. Michigan leaders want to change the rules. — from mlive.com by Matthew Miller
    Excerpt:
    Most of the 1.9 million debt collection cases filed in Michigan’s district courts over the past decade or so never went to trial. Usually, the defendants don’t show up to court, and debt collectors win by default, according to data compiled by the Michigan Justice for All Commission. In most cases, the courts end up garnishing defendants’ wages, income tax returns or other assets, sometimes on the basis of complaints that include little more than the name of the creditor, an account number and the balance due.

And both debt lawsuits and garnishment are more common for people living in primarily Black neighborhoods, regardless of their income.

Members of the Commission say Michigan’s rules around debt collection lawsuits don’t do enough to protect regular people, who sometimes don’t find out they’ve been sued until they see money coming out of their paychecks.

They say those rules need to change.

An early participant in the Law Society of BC’s Innovation Sandbox, the Clinic offers the in-person and virtual help of 25 articling students located in 15 different BC communities —from Tofino to Cranbrook— with the support of 15 supervising lawyers, four staff and dozens of local mentors. Together, they provide fixed-fee services in a wide range of areas covering everyday legal problems.

 

Yale and Harvard’s Law Schools Are Ditching the ‘U.S. News’ Rankings. Will Others Follow? — from chronicle.com by Francie Diep

Excerpt:

Yale Law School — long ranked No. 1 by U.S. News & World Report — is quitting the magazine’s rankings, it announced Wednesday. Hours after that announcement, which was first reported by The Wall Street Journal, Harvard Law School said it would do the same.

“U.S. News stands in the way of progress for legal education and the profession,” said Heather Gerken, Yale Law School’s dean. “It’s made it harder for law schools to admit and support low-income students, and it’s undermining efforts to launch a generation to serve. Now is the time to take a step.”

Also related/see:

Some other legal-related items include:

IAALS Releases New Allied Legal Professionals Landscape Report and Resource Center in an Effort to Increase Legal Options for the Public — iaals.du.edu

Excerpt:

IAALS, the Institute for the Advancement of the American Legal System at the University of Denver, announced today that it released its new Allied Legal Professionals landscape report, along with an accompanying online Knowledge Center. With generous support from the Sturm Family Foundation, this project seeks to help standardize a new tier of legal professionals nationally, with the goal of increasing the options for accessible and affordable legal help for the public.

“Today, the majority of Americans are faced with a very serious access to justice problem—not only low-income populations, as many people believe. And the pandemic has only made matters worse in recent years,” says Jim Sandman, chair of IAALS’ board of advisors and President Emeritus of the Legal Services Corporation. “For example, studies show that around 40–60% of the middle class have legal needs that remain unmet. Simply put: people want legal help, and they are not getting the help they need.”

Legal Innovators: An Ecosystem of Change Agents! — from artificiallawyer.com

The expanding role of technology in the law firm business model (338) — from legalevolution.org by Kenneth Jones
Legal technology is slowly becoming core to the legal business. It’s time to commit to a cross-functional team approach.

Excerpt:

The premise of this post is that individual capabilities and excellence (either legal or technical) standing alone are not enough to ensure long-term, sustainable success.  No superstar technologist or lawyer is equipped to do it all, as there are too many specialties and functional roles which need to be filled.  Rather, a better approach is to construct team-based, cross-functional units that offer greater operational efficiency while building in layers of redundancy that reduce the potential for surprises, errors, or disruption.  Cf Post 323 (Patrick McKenna’s “rules of engagement” for high-performing legal teams).

 

You Don’t Need a Law Degree to Transform Legal Operations — from news.bloomberglaw.com by Memme Onwudiwe and Tom Stephenson

Excerpt:

While the future of legal innovation remains unclear, it is apparent that law schools must evolve to meet students’ technological needs. At the very least, lawyers and legal professionals must have more collaborative conversations on the broader educational need for legal technology.

Legal operations professionals have a unique opportunity to emphasize the importance of designing and implementing a business solution ecosystem to guide greater efficiency and decision-making. If data and trends tell us anything, law firms and corporate law departments must adapt to achieve better business outcomes, while law schools have to change the way they teach in our modern digital economy.

Also relevant/see:

 

The Law Of The Metaverse — from forbes.com by Charles Lew

Excerpts:

As the metaverse becomes a fully realized, interoperable and persistent platform, the need for a codified and clearly defined system of applicable laws will be tremendous.

The applicability and sufficiency of existing intellectual property laws are being tested as we speak in the metaverse. Heavyweight companies such as Walmart, Hermès, Nike and Roblox are all actively seeking judicial determinations as to their respective trademark rights in the metaverse.

Also relevant/see:

Virtual rights for virtual goods? — from lexology.com

Excerpt:

Why does this matter to you?
If you buy a music album and receive a digital file, is this a purchase of digital goods? What if you listen to the same album on a streaming service? If you buy virtual sneakers for your metaverse avatar, is this a purchase of digital goods or just a part of the service provided by the metaverse operator? As purchasing habits increasingly move online or into the digital space, and especially with the rise in popularity of “metaverses”, the need for clarity and regulation in this area will become more and more apparent.

Brick by Brick: Understanding IP Rights in Metaverse Buildings — from mayerbrown.com

Building a virtual world often involves just that—buildings. But developers of metaverse properties may not know which legal rights are at issue. Can a virtual world incorporate a rendition of a real-life building without infringing on the rights of real-life property owners? Does the architect, owner, or user of a brick-and-mortar building have any rights to assert against a twin building in the metaverse? How does the developer of a virtual building take the building from one virtual world to another?

The answer depends on—and may vary based on—who is asserting the rights, whether copyrights or trademarks are at issue, and whether any of these rights have been assigned to another party.

These questions all remain unsettled in the context of the metaverse, so developers should proceed with caution until courts put their own stake in the ground on these issues.


Also relevant/see:


 

ABA advances proposal to end LSAT requirements — from highereddive.com by Jeremy Bauer-Wolf

Dive Brief:

  • An American Bar Association governing body will vote next week whether to ax a requirement that ABA-accredited law schools use an entrance exam, like the Law School Admission Test, or LSAT, eroding the assessment’s long-standing influence in admissions.
  • A key ABA committee, the Strategic Review Committee, on Friday recommended the association end admissions test requirements.
  • If the governing board votes Nov. 18 to repeal assessment mandates, the ABA House of Delegates will be in line to finalize the new policy at its February meeting.
 

Virtual or in-person: The next generation of trial lawyers must be prepared for anything — from reuters.com by Stratton Horres and Karen L. Bashor

A view of the jury box (front), where jurors would sit in and look towards the judge's chair (C), the witness stand (R) and stenographer's desk (L) in court room 422 of the New York Supreme Court

Excerpt:

In this article, we will examine several key ways in which COVID-19 has changed trial proceedings, strategy and preparation and how mentoring programs can make a difference.

COVID-19 has shaken up the jury trial experience for both new and experienced attorneys. For those whose only trials have been conducted during COVID-19 restrictions and for everyone easing back into the in-person trials, these are key elements to keep in mind practicing forward. Firm mentoring programs should be considered to prepare the future generation of trial lawyers for both live and virtual trials.

From DSC:
I think law firms will need to expand the number of disciplines coming to their strategic tables. That is, as more disciplines are required to successfully practice law in the 21st century, more folks with technical backgrounds and/or abilities will be needed. Web front and back end developers, User Experience Designers, Instructional Designers, Audio/Visual Specialists, and others come to my mind. Such people can help develop the necessary spaces, skills, training, and mentoring programs mentioned in this article. As within our learning ecosystems, the efficient and powerful use of teams of specialists will deliver the best products and services.

 

From DSC:
I virtually attended the Law 2030 Conference (Nov 3-4, 2022). Jennifer Leonard and staff from the University of Pennsylvania’s Carey Law School put together a super conference! It highlighted the need for change within the legal industry. A major shout out to Jennifer Leonard, Theodore Ruger (Law School Dean), and others!

I really appreciate Jen’s vision here, because she recognizes that the legal industry needs to involve more disciplines, more specialists, and others who don’t have a JD Degree and/or who haven’t passed the Bar. On Day 1 of the conference (in the afternoon), Jen enlisted the help of several others to use Design Thinking to start to get at possible solutions to our entrenched issues.

America, our legal system is being tightly controlled and protected — by lawyers. They are out to protect their turf — no matter the ramifications/consequences of doing so. This is a bad move on many lawyers part. It’s a bad move on many Bar Associations part. Lawyers already have some major PR work to do — but when America finds out what they’ve been doing, their PR problems are going to be that much larger. I’d recommend that they change their ways and really start innovating to address the major access to justice issues that we have in the United States.

One of the highlights for me was listening to the powerful, well-thought-out presentation from Michigan’s Chief Justice Bridget McCormack — it was one of the best I’ve ever heard at a conference! She mentioned the various stakeholders that need to come to the table — which includes law schools/legal education. I also appreciated Jordan Furlong’s efforts to deliver a 15-minute presentation (virtual), which it sounded like he worked on most of the night when he found out he couldn’t be there in person! He nicely outlined the experimentation that’s going on in Canada.

Here’s the recording from Day 1:

 


Jeff Selingo’s comments this week reminded me that those of us who have worked in higher education for much of our careers also have a lot of work to do as well.


 

Addendum on 11/8/22:

 


 

How lawyers can unlock the potential of the metaverse — from abajournal.com by Victor Li

Excerpt:

One such firm is Grungo Colarulo, a personal injury law firm with offices in New Jersey and Pennsylvania. Last December, the firm announced that it had set up shop in the virtual world known as Decentraland.

Users can enter the firm’s virtual office, where they can interact with the firm’s avatar. They can talk to the avatar to see whether they might need legal representation and then take down a phone number to call the firm in the physical world. If they’re already clients, they can arrive for meetings or consultations.

Richard Grungo Jr., co-founder and name partner at Grungo Colarulo, told the ABA Journal in December 2021 that he could see the potential of the metaverse to allow his firm to host webinars, CLEs and other virtual educational opportunities, as well as hosting charity events.

Grungo joined the ABA Journal’s Victor Li to talk about how lawyers can use the metaverse to market themselves, as well as legal issues relating to the technology that all users should be aware of.

From DSC:
I post this to put this on the radars of legal folks out there. Law schools should join the legaltech folks in pulse-checking and covering/addressing emerging technologies. What the Metaverse and Web3 become is too early to tell. My guess is that we’ll see a lot more blending of the real world with the digital world — especially via Augmented Reality (AR).

We need to constantly be pulse-checking the landscapes out there and developing scenarios and solutions to such trends

 

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.

 
© 2022 | Daniel Christian