From DSC:
I post this with great hesitation. But there’s some truth in here.

 

Here Are Some Dos And Don’ts Of Disability Language — from forbes.com by Andrew Pulrang

Excerpt:

Is there a way for anyone to navigate disability language clearly, safely, and respectfully?

Obviously, it’s impossible to satisfy everyone. But that doesn’t mean there are no useful guidelines. Here are a few tips to sort through the competing schools of thought on disability language, and ride the various waves of popularity and revision that disability language goes through.

1. Recognize obviously insulting terms and stop using or tolerating them.
2. Aim to be factual, descriptive, and simple, not condescending, sentimental, or awkward.
3. Respect disabled people’s actual language preferences.

Disability Language Style Guide — from National Center on Disaplity and Journalism (ncdj.org)

Disability and Health Overview  — from cdc.gov

Research Center | ALICE in focus studies:
Financial Hardship Among People With Disabilities

Excerpt:

According to the outdated Federal Poverty Level, 18% of people with disabilities in the U.S. lived in poverty in 2019. Yet United For ALICE data shows that another 34% were also struggling, in households that earned above the FPL but less than what it costs to afford the basics. These households are ALICE: Asset Limited, Income Constrained, Employed.

Disability & Socioeconomic Status — from the American Psychological Association (apa.org)

Excerpt:

Socioeconomic status (SES) encompasses not just income but also educational attainment, financial security, and subjective perceptions of social status and social class. Socioeconomic status can encompass quality of life attributes as well as the opportunities and privileges afforded to people within society. Poverty, specifically, is not a single factor but rather is characterized by multiple physical and psychosocial stressors. Further, SES is a consistent and reliable predictor of a vast array of outcomes across the life span, including physical and psychological health. Thus, SES is relevant to all realms of behavioral and social science, including research, practice, education and advocacy.

Those with Disabilities Earn 37% Less on Average; Gap is Even Wider in Some States — air.org

Subminimum Wage and Sheltered Workshops — from United Way of South Central Michigan

Congress enacted the Fair Labor Standards Act in 1938 as part of the New Deal; one of the Act’s provisions, Section 14 (c), grants special certificates allowing for the employment of workers with disabilities below the federal minimum wage.

Many employers operating under 14(c) have historically employed people with disabilities in segregated work centers commonly referred to as sheltered workshops. This creates a situation where the employer profits from paying sub-minimum wages to their employees with disabilities. Some states have prohibited the practice of subminimum wages and sheltered workshops altogether; however as of 2020, 46 states and the District of Columbia continue to allow 14(c) certificates. The U.S. Commission on Civil Rights revealed that in 2017 and 2018, the average wage of a person with a disability working under a 14(c) certificate was $3.34 per hour and the average number of hours worked was 16 hours per week, making the average wage just $53.44 per week.

Employment First is a state and national movement to help individuals with disabilities realize their fullest employment potential through the achievement of individual, competitive, and integrated employment outcomes. Employment First in Michigan has established guidelines to help move the state to community-based and integrated employment by using executive orders and passing legislation.

 

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.


 

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

Introduction:

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

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

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

 


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


 

 

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

 


 

Above video from Steve Kerr’s statement on school shooting in Texas

From DSC:
Steve Kerr has it right. Powerful. Critically important. 

“Enough!”  “We can’t get numb to this!”

 

Is the virtual courtroom the future of the justice system? — from deseret.com by Zakary Sonntag
Video proceedings have increased court access but raised questions of rights amid case backlog

Excerpt:

The justice system in Utah is straining under the weight of an immense backlog of criminal cases, especially serious felony cases, leaving many defendants to languish in custody as additional filings continue to accumulate.

The buildup began in 2020 after the Utah Supreme Court ordered the shutdown of in-person proceedings in response to the coronavirus, which left attorneys and judges to hash out settlements through a remote, Webex court process.

The pandemic’s impact on the legal sector and what emerging lawyers need to know — from timesofindia.indiatimes.com by Roma Priya

Excerpt:

For aspiring lawyers and law school graduates who have commenced practice recently, one of the best ways to stay relevant is to upskill yourself. Apart from the legal industry-related skills as a lawyer, such as in-depth knowledge about clients, the law, and other subjects, communication skills, problem solving and analytical skills, and tech skills are crucial. 

Today, digitally-savvy lawyers are in high demand as technology continues to evolve and progress. And as the Indian Judiciary System gradually acquaints itself with cutting-edge technologies, emerging lawyers must do the same.

About one-fifth of lawyers and staffers considered suicide at some point in their careers, new survey says — from abajournal.com by Debra Cassens Weiss

A new survey of lawyers and staff members hailing mostly from BigLaw has found that anxiety, depression and isolation remain at concerning levels, despite a slight decrease in the percentages since the survey last year.

When is a legal department ready to transform? — from advisory.kpmg.us by Eric Gorman, Kimberly Majure, and Jeff Ikejiri
Explore the catalysts for change

…legal departments that identify and agree on a motive to change, and then are alert for opportunities to act, are legal departments that are ready to transform.


From DSC:
I saw the link to LitSoftware at the posting entitled, Three Lessons In Persuasive Trial Technology (from legaltechmonitor.com by Stephen Embry)..  I thought it offered some interesting software:

 


The Top 3 Legal Technology Trends of 2022 — from lexology.com by Sean Heck

Excerpts:

  1. Web-Based Contract Management Tools for Remote Legal Operations
  2. Online, Web-Based Document Editing
  3. Contract AI With Machine Learning for Intelligent CLM

Litera legal survey shows that technology is driving change in all aspects of M&A practice — from canadianlawyermag.com by Annabel Oromoni

Excerpt:

The global pandemic and the increasing reliance on technology to facilitate remote legal work and collaboration have accelerated the legal profession’s interest in technology-based solutions. A recent survey by Litera, a legal tech company, revealed that technology significantly impacts M&A practices in law firms.

Litera’s survey included insights from over 200 lawyers whose practices focus on M&A in the United States, the United Kingdom, and Canada.

David Curle, legal content and research lead at Litera, says the legal profession is fragmented, and Litera sought to receive responses about technology use, adoption, and spending from M&A lawyers specifically.

6 Types of Software for Your In-House Legal Team Needs — from jdsupra.com

Excerpt:

Most legal teams rely heavily on documents and communication for their work, and handling all the related operations may not be as simple as you would like it to be. Unless you change your approach to document management and start exploring tech solutions that improve team efficiency.

Automation software has helped many businesses and departments streamline all or most of their operations and improve their efficiency. The same can be done for a legal team.

In this article, let’s focus on the types of automation software for in-house counsel along with some of the top examples.


Addendum later on 5/11/22:

ANALYSIS: Lawyers’ Top Legal Tech Tools—And Biggest Blind Spots — from news.bloomberglaw.com by Racheal Pikulski, Princess Onyiri, and Lida Ouyang


Addendum later on 5/11/22:

 

100 Universities established an OPM, Bootcamp or Pathways partnership in Q1 2022 — from holoniq.com
Bootcamps are directing more resources B2B and B2G, OPMs are growing existing partnerships further and evolving their technology and healthcare programs.

Excerpt:

Higher Education, like the broader economy, is awkwardly emerging from an almost exclusively digital, isolated and stimulus fuelled environment into… well it’s not clear yet. University Partnerships continued to be established at pace through Q1 2022, albeit at a much slower rate than through 2021.



Also relevant/see:

College contracts with OPMs need better oversight, watchdog says — from highereddive.com by Natalie Schwartz

Excerpt from Dive Brief:

  • The U.S. Department of Education should strengthen oversight of colleges’ relationships with companies that help them launch and build online programs, according to a new report from the U.S. Government Accountability Office, an auditing agency for Congress.

Addendum on 5/11/22:


 

China is about to regulate AI—and the world is watching — from wired.com by Jennifer Conrad
Sweeping rules will cover algorithms that set prices, control search results, recommend videos, and filter content.

Excerpt:

Some provisions aim to address complaints about online services. Under the rules, for instance, companies will be prohibited from using personal characteristics to offer users different prices for a product; they also will be required to notify users, and allow them to opt out, when algorithms are used to make recommendations.

Companies that violate the rules could face fines, be barred from enrolling new users, have their business licenses pulled, or see their websites or apps shut down.

Some elements of the new regulations may prove difficult or impossible to enforce. It can be technically challenging to police the behavior of an algorithm that is continually changing due to new input, for instance.

 

Education Needs a Reset. We Can Start by Listening to Our Teachers. — from edsurge.com by Elissa Vanaver

Excerpts:

What too few politicians and parents are talking about, though, is the dire state of the career pipeline for teachers, the ones we’ll be depending on to lead the post-pandemic learning recovery in our classrooms over the next few years—not to mention for the next generation.

Valuing teachers is the systemic path to centering students. In order to move the needle, we must go beyond what teachers need to do to address root causes that require cultural and systemic change. Here are a few things it will take:

  1. Understanding that teaching and learning are inherently relational and the power relationships have on student and teacher success.
  2. Centering the joy of learning and making classrooms a place students and teachers want to be.
  3. Creating an empowered teaching culture to advocate for children and encouraging creativity that optimizes engagement.
  4. Fostering culturally responsive methods through continuous mentoring by exceptional, experienced educators.
  5. Developing partnerships with quality teacher preparation programs for coherent and supportive career pathways.

From DSC:
When I used to work in customer service and also in technical support at Baxter Healthcare, I always thought that management should be listening closely to those employees who were on the front lines — i.e., those of us who were in regular contact with Baxter’s customers. Similarly, the teachers are on the front lines within education. We need to give them a huge say in what happens in the future of the preK-12 learning ecosystems. We also need the students’ voices to be heard big time.

Also popular last month from edsure.com, see:

 

College & Career Guide for Students with Disabilities — from study.com by Jamie Julh, Lisa Keith, Nicole Nicholson, Taylor McGillis; with thanks to Alysson Webb for this resource

Excerpt (emphasis DSC):

Students with disabilities made up 19.4% of enrolled undergraduate students in the U.S. according to the most recent data release from the Department of Education (DoE). However, many of these students may be afraid to or not know how to advocate for themselves and obtain the assistance they need. Data on graduation rates for students with disabilities can be hard to come by, but based on a recent study by the DoE National Center of Education Statistics, only 54.2% had graduated with a bachelor’s degree after six years. One possible reason for this low graduation rate is that only 35% of students with disabilities chose to disclose those disabilities to the college or university they attended, and only 24% chose to utilize accommodations. This guide is intended to help students with disabilities learn about their rights, the laws that protect them, and the resources available to help them see through their goal of obtaining higher education.

Also relevant/see:

 

Can you truly own anything in the metaverse? A law professor explains how blockchains and NFTs don’t protect virtual property — from theconversation.com by João Marinotti

Excerpt:

Despite these claims, the legal status of virtual “owners” is significantly more complicated. In fact, the current ownership of metaverse assets is not governed by property law at all, but rather by contract law. As a legal scholar who studies property law, tech policy and legal ownership, I believe that what many companies are calling “ownership” in the metaverse is not the same as ownership in the physical world, and consumers are at risk of being swindled.

 

Announcing the 2022 AI Index Report — from hai.stanford.edu by Stanford University

Excerpt/description:

Welcome to the Fifth Edition of the AI Index

The AI Index is an independent initiative at the Stanford Institute for Human-Centered Artificial Intelligence (HAI), led by the AI Index Steering Committee, an interdisciplinary group of experts from across academia and industry. The annual report trackscollatesdistills, and visualizes data relating to artificial intelligence, enabling decision-makers to take meaningful action to advance AI responsibly and ethically with humans in mind.

The 2022 AI Index report measures and evaluates the rapid rate of AI advancement from research and development to technical performance and ethics, the economy and education, AI policy and governance, and more. The latest edition includes data from a broad set of academic, private, and non-profit organizations as well as more self-collected data and original analysis than any previous editions.

Also relevant/see:

  • Andrew Ng predicts the next 10 years in AI — from venturebeat.com by George Anadiotis
  • Nvidia’s latest AI wizardry turns 2D photos into 3D scenes in milliseconds — from thenextweb.com by Thomas Macaulay
    The Polaroid of the future?
    Nvidia events are renowned for mixing technical bravado with splashes of showmanship — and this year’s GTC conference was no exception. The company ended a week that introduced a new enterprise GPU and an Arm-based “superchip” with a trademark flashy demo. Some 75 years after the world’s first instant photo captured the 3D world in a 2D picture…

Nvidia believes Instant NeRF could generate virtual worlds, capture video conferences in 3D, and reconstruct scenes for 3D maps.

 

Revisiting Camera Use in Live Remote Teaching: Considerations for Learning and Equity — from er.educause.edu by Patricia Turner

Excerpts:

Given the need to balance equity concerns with effective teaching practices, the following suggestions might be helpful in articulating an approach to using cameras in live remote teaching sessions. This list is not exhaustive; these suggestions are offered as a starting point from which to begin thinking about this issue.


Given what we know from research about interaction, active learning, equity, and inclusion, one possible philosophy is this: if we believe that some students are not using a camera because of privacy issues, because they lack a quiet space in which to learn, or because of inequitable circumstances, we can let our students know that we are available if they need help and that, although we can’t solve all problems, we may be able to help students get the support and resources they need.

 

China Is About to Regulate AI—and the World Is Watching — from wired.com by Jennifer Conrad
Sweeping rules will cover algorithms that set prices, control search results, recommend videos, and filter content.

Excerpt:

On March 1, China will outlaw this kind of algorithmic discrimination as part of what may be the world’s most ambitious effort to regulate artificial intelligence. Under the rules, companies will be prohibited from using personal information to offer users different prices for a product or service.

The sweeping rules cover algorithms that set prices, control search results, recommend videos, and filter content. They will impose new curbs on major ride-hailing, ecommerce, streaming, and social media companies.

 
© 2022 | Daniel Christian