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


From DSC:
Given:

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

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


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

Excerpt (emphasis DSC):

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

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

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

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

Shannon Gardner, associate dean for online education  


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

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

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

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

Graphic by Daniel S. Christian

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

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

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

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

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

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


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

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

Excerpt:

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


 

The Metaverse Will Reshape Our Lives. Let’s Make Sure It’s for the Better. — from time.com by Matthew Ball

Excerpts (emphasis DSC):

The metaverse, a 30-year-old term but nearly century-old idea, is forming around us. Every few decades, a platform shift occurs—such as that from mainframes to PCs and the internet, or the subsequent evolution to mobile and cloud computing. Once a new era has taken shape, it’s incredibly difficult to alter who leads it and how. But between eras, those very things usually do change. If we hope to build a better future, then we must be as aggressive about shaping it as are those who are investing to build it.

The next evolution to this trend seems likely to be a persistent and “living” virtual world that is not a window into our life (such as Instagram) nor a place where we communicate it (such as Gmail) but one in which we also exist—and in 3D (hence the focus on immersive VR headsets and avatars).

 

Matthew Ball on the metaverse: We’ve never seen a shift this enormous — protocol.com by Janko Roettgers
The leading metaverse theorist shares his thoughts on the sudden rise of the concept, its utility for the enterprise and what we still get wrong about the metaverse.

Excerpts:

What are the biggest misconceptions about the metaverse?
First, the idea that the metaverse is immersive virtual reality, such as an Oculus or Meta Quest. That’s an access device. It would be akin to saying the mobile internet is a smartphone.

We should think of the metaverse as perhaps changing the devices we use, the experiences, business models, protocols and behaviors that we enjoy online. But we’ll keep using smartphones, keyboards. We don’t need to do all video conferences or all calls in 3D. It’s supplements and complements, doesn’t replace everything.

Also relevant/see:

A former Amazon exec thinks Disney will win the metaverse — from protocol.com by

Excerpt:

This month, Ball is publishing his book, “The Metaverse: And How It Will Revolutionize Everything.” The work explains in detail what the metaverse is all about and which shifts in tech, business and culture need to fall into place for it to come into existence.

How will the metaverse change Hollywood? In his book, Ball argues that people tend to underestimate the changes new technologies will have on media and entertainment.

  • Instead of just seeing a movie play out in 360 degrees around us, we’ll want to be part of the movie and play a more active role.
  • One way to achieve that is through games, which have long blurred the lines between storytelling and interactivity. But Ball also predicts there will be a wide range of adjacent content experiences, from virtual Tinder dates in the “Star Wars” universe to Peloton rides through your favorite movie sets.

Addendum on 7/24/22:

Neurodiversity, Inclusion And The Metaverse — from workdesign.com by Derek McCallum

Excerpt:

Innovation in virtual and augmented reality platforms and the vast opportunities connected to the metaverse are driving innovation in nearly every industry. In the workplace, future-focused companies are increasingly exploring ways to use this nascent technology to offer workers more choices and better support for neurodiverse employees.

It would be nearly impossible to list all the challenges and opportunities associated with this technology in a single article, so I’ll keep things focused on an area that is top-of-mind right now as many of us start to make our way back into the office—the workplace. The truth is, while we can use our expertise and experience to anticipate outcomes, no one truly knows what the metaverse will become and what the wide-ranging effects will be. At the moment, the possibilities are exciting and bring to mind more questions than answers. As a principal and hands-on designer in a large, diverse practice, my hope is that we will be able to collectively harness the inherent opportunities of the metaverse to support richer, more accessible human experiences across all aspects of the built environment, and that includes the workplace.


 

Top Content Providers For Immersive Learning (2022) — from elearningindustry.com by Christopher Pappas

Summary: 

Immersive learning experiences allow learners to interact by simulating real-life scenarios. Are you ready to offer engaging virtual environments and experiences to your workforce? Dive right into this thoroughly curated top list featuring the best content providers for VR training and bring your teams one step closer to the Metaverse.

 

Radar Trends to Watch: July 2022 — from oreilly.com
Developments in AI, Metaverse, Programming, and More

Excerpt (emphasis DSC):

The most important issue facing technology might now be the protection of privacy. While that’s not a new concern, it’s a concern that most computer users have been willing to ignore, and that most technology companies have been willing to let them ignore. New state laws that criminalize having abortions out of state and the stockpiling of location information by antiabortion groups have made privacy an issue that can’t be ignored.

Also relevant/see:

 

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

 

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

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

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

Elizabeth Hyman, CEO for the XR Association

 


 

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

 


 

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

Excerpt (emphasis DSC):

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

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

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

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


Also see:

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

Summary:

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

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

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


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

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

 

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

 


 

AI Plus VR at Purdue University Global — from er.educause.edu by Abbey Elliott, Michele McMahon, Jerrica Sheridan, and Gregory Dobbin
Adding artificial intelligence to virtual reality provides nursing students with realistic, immersive learning experiences that prepare them to treat patients from diverse backgrounds.

Excerpt:

Adding artificial intelligence (AI) to immersive VR simulations can deepen the learning by enabling patient interactions that reflect a variety of patient demographics and circumstances, adjusting patient responses based on students’ questions and actions. In this way, the immersive learning activities become richer, with the goal of providing unique experiences that can help students make a successful transition from student to provider in the workforce. The use of AI and immersive learning techniques augments learning experiences and reinforces concepts presented in both didactic and clinical courses and coursework. The urgency of the pandemic prompted the development of a vision of such learning that would be sustainable beyond the pandemic as a tool for education on a relevant and scalable platform.


Speaking of emerging technologies and education/learning, also see:

NVIDIA's new AI magic turns 2d photos into 3D graphics

Best virtual tours of Ireland

 

From DSC:
An AI-backed platform will constantly search all job postings and present the most desired skills in the marketplace and then how to get those skills. The providers will be individuals, organizations, training providers, traditional institutions of higher education, vendors and more.

Depending upon what happens with blockchain — and if a much more energy-efficient/environmentally-friendly solution can be implemented — blockchain may be a part of that equation.

 

Meet the metaverse: Creating real value in a virtual world — from mckinsey.com with Eric Hazan and Lareina Yee

Excerpt (emphasis DSC):

Welcome to the metaverse. Now, where exactly are we? Imagine for a moment the next iteration of the internet, seamlessly combining our physical and digital lives. It’s many things: a gaming platform, a virtual retail spot, a training tool, an advertising channel, a digital classroom, a gateway to entirely new virtual experiences. While the metaverse continues to be defined, its potential to unleash the next wave of digital disruption is clear. In the first five months of 2022, more than $120 billion have been invested in building out metaverse technology and infrastructure. That’s more than double the $57 billion invested in all of 2021.

How would you define the metaverse?
Lareina: What’s exciting is that the metaverse, like the internet, is the next platform on which we can work, live, connect, and collaborate. It’s going to be an immersive virtual environment that connects different worlds and communities. There are going to be creators and alternative currencies that you can buy and sell things with. It will have a lot of the components of Web3 and gaming and AR, but it will be much larger.

Also relevant/see:


Also relevant/see:


 

Animated Series: What’s Up with the Metaverse — from joetechnologist.com by Joseph Raczynski with creative by Elise Harmening, Esq.

Video description (emphasis DSC):

What’s Up with the Metaverse, published on June 2, 2022, was written by Joseph Raczynski of Thomas Reuters, a member of the Governing Council for the Center for Innovation, and created by Elise Harmening, Esq., Project Specialist Manager at the Center for Innovation. Innovation and You is a production by The American Bar Association’s Center for Innovation to help lawyers and our members think about innovative legal technology and practices as the legal landscape continues to change. Join the conversation on Twitter @ABAInnovation.

 

Also see:

Animated Series: What is an API? — from joetechnologist.com by Joseph Raczynski with creative by Elise Harmening, Esq.

 

Will Learning Move into the Metaverse? — from learningsolutionsmag.com by Pamela Hogle

Excerpt:

In its 2022 Tech Trends report, the Future Today Institute predicts that, “The future of work will become more digitally immersive as companies deploy virtual meeting platforms, digital experiences, and mixed reality worlds.”

Learning leaders are likely to spearhead the integration of their organizations’ workers into a metaverse, whether by providing training in using the tools that make a metaverse possible or through developing training and performance support resources that learners will use in an immersive environment.

Advantages of moving some workplace collaboration and learning into a metaverse include ease of scaling and globalization. The Tech Trends report mentions personalization at scale and easy multilingual translation as advantages of “synthetic media”—algorithmically generated digital content, which could proliferate in metaverses.

Also see:

Future Institute Today -- Tech Trends 2022


Also from learningsolutionsmag.com, see:

Manage Diverse Learning Ecosystems with Federated Governance

Excerpt:

So, over time, the L&D departments eventually go back to calling their own shots.

What does this mean for the learning ecosystem? If each L&D team chooses its own learning platforms, maintenance and support will be a nightmare. Each L&D department may be happy with the autonomy but learners have no patience for navigating multiple LMSs or going to several systems to get their training records.

Creating common infrastructure among dispersed groups
Here you have the problem: How can groups that have no accountability to each other share a common infrastructure?

 

Conduct Your Own Virtual Orchestra In Maestro VR — from vrscout.com by Kyle Melnick

Niantic moves beyond games with Lightship AR platform and a social network — from theverge.com by Alex Heath
The maker of Pokémon Go is releasing its AR map for other apps and a location-based social network called Campfire

Excerpt:

Niantic made a name for itself in the mobile gaming industry through the enduring success of Pokémon Go. Now the company is hoping to become something else: a platform for other developers to build location-aware AR apps on top of.

disguise launches Metaverse Solutions division enabling next-level extended reality experiences — from etnow.com

Excerpt:

UK – disguise, the visual storytelling platform and market leader for extended reality (xR) solutions has launched its Metaverse Solutions division to enable the next generation of extraordinary live, virtual production and audiovisual location-based experiences for the metaverse.

The recent rise of real-time 3D graphics rendering capabilities in gaming platforms means that today’s audiences are craving richer, more immersive experiences that are delivered via the metaverse. While the metaverse is already defined as an $8 trillion dollar opportunity by Goldman Sachs, companies are still finding it challenging to navigate the technical elements needed to start building metaverse experiences.

On this item, also see:

disguise.one

disguise launches Metaverse Solutions division — from televisual.com by

Excerpt:

“Our xR technology combines key metaverse building blocks including real-time 3D graphics, spatial technologies and advanced display interfaces – all to deliver a one-of-a-kind gateway to the metaverse,” says disguise CXO and head of Metaverse Solutions Alex Wills.

 

Into the metaverse: What does it hold for the future of L&D? — from chieflearningofficer.com by Calvin Coffee

Excerpt:

Instead of putting learners in front of 2D videos where they’re answering questions or just clicking boxes, the metaverse allows learners to experience what a job is actually like before accepting and will enable leaders to see if employees are ready for the next level of work. In the same way flight simulators can prepare pilots for many aspects of operating and flying an aircraft, through technologies like VR the metaverse can prepare employees for almost anything at work.

“This technology can impact every stage of the HR journey for an employee,” Belch says. “We all know the interviewing process is flawed and riddled with bias. Let’s have someone do the job and show us whether or not they can do the job.” And if they mess up in VR, they’re not going to take down the whole factory. From hiring and beyond, there is an abundance of potential spaces that the metaverse can capitalize on and improve.

Research in medical training has found that information retention rates can reach 80 percent after a full year of training through immersive simulated experiences compared to just 20 percent for traditional training. “People are picking it up and are much more comfortable performing their tasks after going through the simulation,” Jordan says. “It’s incredibly powerful.”

Also from chieflearningofficer.com:

 

SXSW EDU Launch Winner Our Worlds Bringing Native American Culture to Life Through Mobile-Based Immersive Reality — from the74million.org by Tim Newcomb

Excerpt:

Take a stroll along the La Jolla Shores Beach in San Diego, and you might find sand between your toes. But users of the new Our Worlds app, winner of the 2022 SXSW EDU Launch Competition, might also find much more. Through augmented reality, they can look at that same stretch of beach and see handmade tule boats from the local Kumeyaay tribe.

Our Worlds launched to highlight Native American history via modern-day technology, putting what founder and CEO Kilma Lattin calls “code to culture” and pushing Native American civilization forward. Lattin says Our Worlds offers a full suite of technology — virtual reality, augmented reality, artificial intelligence — to capture all the components that make a culture.

 

Apple’s first AR/VR headset inches closer to launch — from protocol.com by Nat Rubio-Licht
The company reportedly showed off the device to board members as it makes progress on the headset’s operating system.

Camp K12 Launches Hatch Kids, a Metaverse & AR/VR Creation Platform for Kids — from edtechreview.in by Stephen Soulunii

….

 

 
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