legislatures / government / legal

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:

Soaring Travel Costs Put Lawyers Back on Zoom –– from kift.com Matthew Parsons
Rising airfares and travel costs are prompting legal professionals involved in dispute resolutions to return to video conferencing.
Global Dispute Resolution: The Future of Virtual Legal Proceedings Is Shaped by Soaring Travel Costs — from matlawreview.com

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.

World-first virtual legal clinic opens for business across BC, aiming to increase affordability, diversity and reach of legal professionals — from finance.yahoo.com by Access Pro Bono

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? [Diep]

On 11/17/2022, in Access to Justice (A2J), innovation, law schools, Legal operations, legal reform, legal technologies, legislatures / government / legal, society, sociology, UK, United States, using teams, by Daniel Christian

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:

Berkeley joins Harvard and Yale boycott of U.S. News law school rankings — from news.yahoo.com by Karen Sloan
Harvard and Yale law schools ditch U.S. News & World Report’s rankings: “Profoundly flawed” — from cbsnews.com by Aimee Picchi
Dean Gerken: Why Yale Law School Is Leaving the U.S. News & World Report Rankings — from law.yale.edu
More law schools reject U.S. News list, but publication pledges to keep ranking ‘regardless of whether schools agree’ — from highereddive.com by Rick Seltzer

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).

Californians approve big funding boost for arts education [Watson]

On 11/17/2022, in animation, art, design, drama/theater, funding / grants, graphics, legislatures / government / legal, multimedia, music, United States, vision/possibilities, writing, by Daniel Christian

Californians approve big funding boost for arts education — from apnews.com by Julie Watson; with thanks to Goldie Blumenstyk for this resource

Excerpt:

SAN DIEGO (AP) — California voters on Tuesday approved a ballot measure backed by a celebrity lineup that included Barbra Streisand and Los Angeles-born rappers will.i.am and Dr. Dre that could pump as much as $1 billion a year from the state’s general fund into arts education.

Supporters said it would benefit public school programs that go beyond the traditional art, theater, dance and music classes to include graphic design, computer coding, animation, music composition and script writing.

Also from Goldie Blumenstyk:

@CeciliaOrphan and I have a new article out in @ChangeHigher on expanding our understanding of "value" in higher education to better capture the full contributions of regional public universities as broadly accessible anchor institutions. https://t.co/iY5eIP5uzb

— Kevin R. McClure (@kevinrmcclure) November 15, 2022

You Don’t Need a Law Degree to Transform Legal Operations [Onwudiwe & Stephenson]

On 11/15/2022, in experimentation, future, game-changing environment, innovation, law schools, leadership, Legal operations, legal reform, legal technologies, legislatures / government / legal, tools, vendors, by Daniel Christian

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:

4 ways legal tech optimizes hybrid workplace environments — from legal.thomsonreuters.com

Taking stock as the world population hits 8 billion [mckinsey.com]

On 11/15/2022, in 21st century, Africa, Asia, Canada, change, Europe, future, generational differences, history, ideas, legislatures / government / legal, policy, political science, society, sociology, surviving, trends, UK, United States, vendors, vision/possibilities, by Daniel Christian

Taking stock as the world population hits 8 billion — from mckinsey.com

Excerpt:

November 13, 2022 Projections show the global population will surpass 8 billion people on November 15, and in 2023, India is expected to surpass China to become the world’s most populous nation. It was only 11 years ago that the world reached the last billion; these milestones generate considerations of resource allocation, food security, climate change, and more. Already, one in nine people can’t get enough to eat every day, even while 33 to 40 percent of our food is lost or wasted each year, according to research from senior partners Clarisse Magnin and Björn Timelin. As we continue to grow, how can we support an unprecedented population while raising the quality of life for all? Explore our insights to learn more about how to avoid a food crisis, common misconceptions around global migration, the future of an aging population, and more.

Also see:

EIEIO’s e-newsletter of 11/13/22 where it says:

This week on Tuesday, it’s projected that a baby will be born somewhere on Planet Earth that brings the population to 8 billion people. Notably, the global population reached 7 billion people just eleven years ago. When I was born, in 1962, there was 3 billion people, and the United States had a population of 180 million versus roughly 335 million today.

.

What we know from Nobel Laureate Economist James Heckman out of the University of Chicago is that $1 invested in early childhood education produces a $7 return in economic gain. Moreover, while investment in education produces a compelling return at all stages, the earlier you invest in education, the higher the return.

The Law Of The Metaverse [Lew]

On 11/15/2022, in 21st century, 24x7x365 access, Asia, future, law schools, legal reform, legal technologies, legislatures / government / legal, Metaverse, UK, United States, by Daniel Christian

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:

Follow these 15 people if you want to understand the metaverse — from nexxworks.com by Laurence Van Elegem
If you don’t really understand what the metaverse is, no need to feel bad. It is still taking shape and very few agree on what it really is.

The Digital Divide 2.0: Navigating Digital Equity and Health Equity in Education — from edsurge.com by Mordecai I. Brownlee

Excerpt:

Luckily, we don’t have to do this work alone. Mainstream awareness of the access gap is growing, which has encouraged corporations like AT&T and Comcast and organizations like United Way to respond by creating employee and community campaigns to bring forth solutions.

Such awareness has also inspired a surge in federal, state and local governments discussing solutions and infrastructure upgrades. For example, nationally, the Affordable Connectivity Program is an FCC benefit program aimed at providing affordable broadband access for work, school, health care and more. It is important to note that participants must meet the Federal Poverty Guidelines eligibility standards to receive such benefits.

Also relevant/see:

Can Colleges Reach Beyond Campus to Foster ‘Digital Equity’ in Communities? — from edsurge.com by Rebecca Koenig

Excerpt (emphasis DSC):

So his organization is working with the city of Orangeburg and Claflin University to extend the university’s broadband out into the surrounding community at affordable rates. And because research from McKinsey suggests that more than 80 percent of HBCUs are located in “broadband deserts,” it’s a strategy that may work elsewhere in the country, too.

“That makes HBCUs and other minority-serving institutions, and universities more broadly, really interesting and powerful partners in bridging the digital divide,” Ben-Avie said.

Virtual or in-person: The next generation of trial lawyers must be prepared for anything [Horres & Bashor]

On 11/06/2022, in A/V -- audio/visual, face-to-face, ideas, innovation, interaction design, interface design, Legal operations, legal reform, legal technologies, legislatures / government / legal, United States, usability, user experience (UX), using teams, videoconferencing, Virtual courts and law firms, vision/possibilities, web-based collaboration, by Daniel Christian

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:

“Unleash all this creativity”: Google AI’s breathtaking potential [Kingson]

On 11/03/2022, in 21st century, Artificial Intelligence/Agents/LLMs/and Related, Australia, Canada, emerging technologies, ethics, future, Google, health, innovation, languages and translation, law schools, legislatures / government / legal, morals/values, by Daniel Christian

“Unleash all this creativity”: Google AI’s breathtaking potential — from axios.com by Jennifer Kingson

Excerpt:

Google’s research arm on Wednesday showed off a whiz-bang assortment of artificial intelligence (AI) projects it’s incubating, aimed at everything from mitigating climate change to helping novelists craft prose.

Why it matters: AI has breathtaking potential to improve and enrich our lives — and comes with hugely worrisome risks of misuse, intrusion and malfeasance, if not developed and deployed responsibly.

Driving the news: The dozen-or-so AI projects that Google Research unfurled at a Manhattan media event are in various stages of development, with goals ranging from societal improvement (such as better health diagnoses) to pure creativity and fun (text-to-image generation that can help you build a 3D image of a skirt-clad monster made of marzipan).
…
The “1,000 Languages Initiative”: Google is building an AI model that will work with the world’s 1,000 most-spoken languages.

AI “can have immense social benefits” and “unleash all this creativity,” said Marian Croak, head of Google Research’s center of expertise on responsible AI.

“But because it has such a broad impact on people, the risk involved can also be very huge. And if we don’t get that right … it can be very destructive.”
…
And as Axios’ Scott Rosenberg has written, society is only just beginning to grapple with the legal and ethical questions raised by AI’s new capacity to generate text and images.

What to Know About the New Rules on Pell Grants for Prison Education [Mangan]

On 10/29/2022, in adult learning, career development, education, funding / grants, legislatures / government / legal, policy, society, sociology, United States, by Daniel Christian

What to Know About the New Rules on Pell Grants for Prison Education — from chronicle.com by Katherine Mangan

Excerpt:

The U.S. Department of Education on Thursday released final regulations that spell out how colleges can lay the groundwork for enrolling some of the more than 700,000 incarcerated people who are expected to become eligible next summer to apply for Pell Grants to pay for college.
…
The new prison-education initiative, which will take effect in July, will eventually replace the Second-Chance Pell Program, a pilot that began in 2015 under the Obama administration. Since then, it has grown to allow around 200 colleges to offer prison-education programs that are supported by Pell Grants, currently worth up to around $7,000 per year.

The Future Today Institute’s 15th Anniversary Tech Trends Report

Excerpt:

Future Today Institute’s 2022 Tech and Science Trends Report is now available. Downloaded more than 1 million times each year, FTI’s annual Tech Trends Report is a must-read for every industry. Learn the key trends impacting finance, insurance, transportation, healthcare, sports, logistics, telecom, work, government and policy, security, privacy, education, agriculture, entertainment, music, CPG, hospitality and dining, ESGs, climate, space and more. Discover critical insights. See what strategic action you can take on the futures, today.

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

7 Technologies that are Changing Healthcare — from digitalsalutem.com by João Bocas

In this article we are going to talk about the seven technologies that are changing healthcare:

Artificial Intelligence
Blockchain
Virtual Reality
Robots
Mapping technologies
Big Data
Neurotechnology

This startup 3D prints tiny homes from recyclable plastics — from interestingengineering.com by Nergis Firtina; with thanks to Laura Goodrich for this resource

Satellite Billboards Are a Dystopian Future We Don’t Need — from gizmodo.com by George Dvorsky; with thanks to Laura Goodrich for this resource
Brightly lit ads in orbit are technologically and economically viable, say Russian scientists. But can we not?

South Korea to Provide Blockchain-based Digital Identities to Citizens by 2024 — from blockchain.news by Annie Li; with thanks to Laura Goodrich for this resource

Excerpt:

South Korea plans to provide digital identities encrypted by blockchain with smartphones to citizens in 2024 to facilitate its economic development., Bloomberg reported Monday.

The South Korean government stated that with the expansion of the digital economy, the ID embedded in the smartphone is an indispensable emerging technology to support the development of data.

From DSC:
Interesting to see blockchain show up in the first item above on healthcare and also on this item coming out of South Korea for digital identities.

The Bruce Willis Deepfake Is Everyone’s Problem — from wired.com by Will Bedingfield; with thanks to Stephen Downes for this resource
There’s a fight brewing over how Hollywood stars can protect their identities. But it’s not just actors who should be paying attention.

Excerpts:

Yet the question of “who owns Bruce Willis,” as Levy put it, isn’t only a concern for the Hollywood star and his representatives. It concerns actors unions across the world, fighting against contracts that exploit their members’ naivety about AI. And, for some experts, it’s a question that implicates everyone, portending a wilder, dystopian future—one in which identities are bought, sold, and seized.

“This is relevant not just to AI contracts [for synthetic performances], but any contract involving rights to one’s likeness and voice,” says Danielle S. Van Lier, assistant general counsel, intellectual property and contracts at SAG-AFTRA. “We have been seeing contracts that now include ‘simulation rights’ to performers’ images, voices, and performances. These contract terms are buried deep in the boilerplate of performance agreements in traditional media.”

Addendum on 10/26/22:

Blockchain and the Future of Medical Technology: Trends in Medicine — from intelligenthq.com

Learning Ecosystems

Table of Experts: Trends in Higher Education [Dolezalek]

Yale and Harvard’s Law Schools Are Ditching the ‘U.S. News’ Rankings. Will Others Follow? [Diep]

Californians approve big funding boost for arts education [Watson]

You Don’t Need a Law Degree to Transform Legal Operations [Onwudiwe & Stephenson]

Taking stock as the world population hits 8 billion [mckinsey.com]

The Law Of The Metaverse [Lew]

Virtual or in-person: The next generation of trial lawyers must be prepared for anything [Horres & Bashor]

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. [Christian]

What to Know About the New Rules on Pell Grants for Prison Education [Mangan]

How lawyers can unlock the potential of the metaverse [Li]

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