Sharing Takeaways from Michele Pistone’s Bootcamp “Designing an Online Law Course”

I am posting about my experience with this  Bootcamp  for two reasons: 1) to create a space for participants to continue to share experiences and takeaways (please add in comments section below); and 2) to provide some content for those unable to participate in the virtual conference but who are interested in preparing for blended learning or online teaching in 20-21.   The hope is to form a national community of law teacher-scholars-learners as we navigate the uncharted waters of summer 2020 in preparation for the unpredictable  20-21 academic year.

I will start first.  My first takeaway is how comforting it was to discuss with other law faculty in my small Zoom breakout room group the challenges our institutions are facing, the common concerns we all have,  and the inability we have at this moment to know what August will bring.  As Michele Pistone  reminds us in her  Top 5 Tips for Teaching Law Online , we have to change our mindset — from thinking “how can we replicate what we did before” to “how do we utilize this new opportunity to ensure  student learning.”  We have to use time and space differently – thinking about class “time” as a continuum of learning interactions before during and after direct instructor contact/live sessions.  We need to prioritize pivoting and adapting from in person to virtual as the learning benefits afford us opportunities (online polling, quizzes, pre-recorded videos) and the disadvantages – ZOOM FATIGUE – constrain our usual preference for live synchronous lecture, discussion, or flipped classroom.

Preparing for the Fall Semester is akin to preparing for a camping trip or long Adirondack hike — what do I need to have in my EMERGENCY LAW TEACHING KNAPSACK?

Adirondack Hiking | Official Adirondack Region Website

I would suggest packing some handy lodestars we used today to ground our work – such as Bloom’s Taxonomy of Teaching,  VERBS Adapted From Bloom_s Taxonomy  26 Effectiveness Factors Shultz _&  Zedeck. and as my colleague Professor Christine Sgarlata Chung uses in her Bus Orgs casebook  IAALS’ Foundations for Practice.

Another takeaway from the first day of Bootcamp involved deconstructing one’s “in person” syllabus into Unit-Level Learning Goals, Learning Content and Learning Activities.  The folks in my group – who BTW were brilliant, personable and collaborative – found it made us all more intentional and descriptive in parsing our particularized goals and expectations.

Unit-Level Learning Goals

What do I want students to know, be able to do, and value?

Students will be able to: ………

Learning Content

How will the students learn?

What can help transfer knowledge from professor/expert to the student?(textbook, readings, cases, law review articles, statutes, regulations, videos, podcasts)

Learning Activities

How will the students engage with the course content?

How will students put their learning to work?(discussion, reflections, exercise, role plays)

My small breakout room group found ourselves untangling our integrated goals and content and activities to examine the pieces so we can re-assemble in a new, vibrant and effective way.

Looking forward to DAY 2 and more lessons.

I invite any and all participants to add their takeaways in the Comment Section below

MOVING FORWARD: DAY TWO OF DREXEL (and some favorite poetic quotes)

Congratulations are in order to Drexel University Thomas R. Kline School of Law, to Dean Dan Filler and to all who planned and presented at the virtual conference.  LEANING INTO UNCERTAINTY: ENSURING QUALITY LEGAL EDUCATION DURING CORONAVIRUS.  Previously,  I wrote a few thoughts about Day One of the conference.  In this post, I will focus on Day Two. But first, good news for those of you who were unable to join virtually: Drexel’s Associate Dean for Faculty Development and Research, Alex C. Geisinger, plans to create a digest of the ideas and questions raised and discussed at the conference. As law schools face the evolving uncertainty presented by both the virus and the conflicting responses of our state and federal leaders, they will benefit from the kind of collaborative efforts and stimulating exchange of ideas that the Drexel conference organizers skillfully facilitated.  As I work with my law school colleagues to plan an exciting and enriching Fall 2020 Semester, I am using the wisdom gained from the conference. A few maxims from yesterday’s gathering stayed with me:
  • Acknowledge and name your biggest WORRY.
  • In crisis, there is OPPORTUNITY.
  • There is always ANOTHER crisis, we just don’t know what it will be.
I was reminded by the wise words of William Butler Yeats

Things fall apart; the centre cannot hold  

Below I share five conference discussions which interested me. 1.  Relationships Still Matter and Matter Even More We know from LSSSE that for health and wellness and law students “Relationships Matter.”  How do we prioritize and facilitate those in a virtual or partly virtual world?
  • Phone call contact with each incoming 1L to find out worries, concerns, and hopes and model that relationships with individuals at the school matter.
  • Throughout semester, should teachers, staff, and administrators be polling the mood of the day or the week?
  • Set up a more systematic “social work case management system” to keep tabs on individual student, staff, and faculty wellness.
  • Provide in a simple format directly to each student in a personal phone call, meeting, or interaction a single document which outlines who the actual person and contact is when in trouble – academically, financially, emotionally, physically.  Maybe start this process over the summer using all employees  throughout the law school?  (CALI worked on a lesson that each school can use to modify the system or contact flow Lesson is at https://www.cali.org/lesson/18103)
  • Prioritize peer-to-peer opportunities for mentoring, collaboration, and synergy.
2.    Create Distinct “Places” for Students To Be
  • Virtual Libraries
  • Virtual Study Spaces
  • Virtual Social Spaces
  • Dedicated physical place for experiential learners to access supplies – not necessarily in clinic office space.
Makes me think of having students feel they have in the words of poet Mary Oliver’s a “place in the family of things”
Whoever you are, no matter how lonely, the world offers itself to your imagination, calls to you like the wild geese, harsh and exciting— over and over announcing your place in the family of things.
3. Anticipate Enforcing Safety and Health Regulations During A Polarized Presidential Election Season
  • Messaging and Communication of Community Rules
  • Incorporate into Student and Personnel Regulations
  • Harder to Anticipate What Will Happen in a Public School Setting
4.  What changes are Temporary? What Will Continue after the Pandemic? Although forced to engage in Remote Emergency Teaching, Professors became facile with useful pedagogical online tools and will incorporate them into their general toolbox.
  • Investment already made in technology will accelerate usage.
  • This was all going to happen anyway as part of Law School 2.0?
  • Increasing options for law students? For institutions growing online programming?
  • Will law schools and universities be more open to allowing staff to work remotely?
  • Will we better appreciate, celebrate, and prioritize the importance of presence and in-person relationship in Higher Ed Learning?
5. With the impact of COVID-19 elevating the issues of access disparity and the diverse needs of our students, how can law schools minimize the threat to learning continuity and academic success?
  • Continue to modify assessment and grading practices?
  • Financial Insecurity?
    • Loss of Employment
    • Food Insecurity  – Virtual Food Pantry
    • Rent and Housing
    • Alums offered physical space (offices) for students without good space to study and take exams.
  • Supporting caregivers and others with outside responsibilities.
  • Evolving accommodations for students with disabilities and immune-suppressed students as we change the manner and methods of teaching.
The above five are a poor summary of the many ideas and queries raised at the conference and thus I look forward to the report back. As we arrive at the end of May 2020, take courage and know we are all in this TOGETHER!
One isn’t necessarily born with courage, but one is born with potential. Without courage, we cannot practice any other virtue with consistency. We can’t be kind, true, merciful, generous, or honest.  Maya Angelou

Blended Learning for Law Schools

I just returned from an inspiring and thought provoking three days at the Wolters Kluwer-sponsored Leading Edge workshop. The gathering of about 35 thought leaders from legal education – a wonderfully diverse group – was structured as an un-conference, so the participants designed the agenda upon our arrival and all the discussions revolved around topics that the invitees chose and facilitated. The topics ranged from assessment to increasing diversity in the academy, to teaching about leadership and cyberlaw, to disruption of law schools (yes, that was the session I lead).

Among the many recurring themes at the conference was online learning, particularly blended or hybrid learning, also referred to as flipping the classroom. Over the last few years, researchers have increasingly confirmed that students learn best in courses that combine online with face-to-face learning. Here, the Mayo Clinic describes the utility of blended learning in the health sciences field. Similarly, the US Department of Education found many benefits of flipping the classroom in its meta-analysis of online learning. These and other studies talk about the many advantages that derive from blending online and in-class instruction.

In the law school context, I made these videos about flipping the law school classroom and blended learning in legal education, in which I talk about how online learning can free up class time for law students to begin to gain exposure to essential lawyering competencies during each course while still covering the doctrinal material that professors hope to assign during a typical semester. Adding blended elements to your courses can be fun and rewarding. Here are some tips for getting started.

Top Five Things to Consider When Flipping a Law School Course

  1. What topics do you want to flip?

Before you begin, identify the topics that you typically cover for which the flipped classroom model would make the most sense in the course.

  1. You don’t have to produce all of the videos.

Don’t be reluctant to assign video content produced by other professors. Like other teaching and scholarly activities, such as writing an effective article, practice guide or even blog post, the production of effective and engaging video content takes time. As a result, I often assign my students to read law review articles and casebooks prepared by other professors. Assigning videos prepared by other professors is analogous. Indeed, by assigning material prepared by others, our time is freed up to spend on more active teaching activities. Visit legaledweb.com for a collection of videos prepared by leading law faculty.

  1. Begin with planning what will be “flipped in” rather than what will be flipped out.

Plan what you want to do with the additional face-to-face time with students that blended learning will afford. This is the point of having a flipped classroom. For example, consider adding new activities into the classroom (such as interviewing, negotiation or drafting exercises) that hone practical lawyering skills and competencies.

  1. Produce chunked, short video content.

Research shows that effective videos do not exceed 5-8 minutes in length, and some are even shorter. Break up a longer subject matter into a few chunked segments, making sure that each video addresses a discreet legal topic. Remember to make the video engaging and to speak clearly and concisely.

  1. Hold the students responsible for watching the videos.

Start each class with an assumption that the students watched the video. That will create an expectation for the group. Start the class by expanding on the videos lessons and assigning activities/discussions that ask students to use the theories learned from the videos actively through role plays, simulations, small group work or Socratic dialogue.

Best of luck innovating legal education. Let us know, in the comment section below, how it goes for you. What works? What could be improved? What insights can you share with the community?

And if you want to learn more about flipping the classroom and other innovations in teaching pedagogy, visit legaledweb.com

 

Even Law Professors Need to Laugh

For a break from polishing your article or prepping for fall classes (assuming you’re through watching political convention coverage), try viewing the original Australian version of Rake. This series features Richard Roxburgh as a deeply flawed but appealing barrister. Get through the first two episodes (I did not like the first one) and you might be hooked. The show is biting, bawdy, and profane, but well-written. It could help you laugh your way through the last part of summer. Also, for the technologically skilled, you may find useful clips for teaching purposes – many along the lines of “what not to do.” Students can develop momentum in learning to critique lawyering performances by starting with on-screen characters. This quirky and comedic drama provides vivid scenarios for stimulating discussion. Or just enjoy the show!cleaver_rake_e345_Master

Competencies-Based Legal Education

[This was originally posted by the Clayton Christensen Institute on Disruptive Innovation]

 Last week, I discussed why law schools need to respond to the changing marketplace for legal services and legal education.  In thinking about how best to prepare for that changing world, law schools need to consider how competency-based educational models can be employed to advance educational objectives for students seeking to enter the market for legal services.  As Michael Horn and I explain in our new whitepaper, Disrupting Law School, regulatory protections that have sheltered law schools from competition will continue to subside.  In this new environment, law schools need to reimagine themselves as educators for students interested in learning about the legal services sector, not simply those seeking a JD.

One way to do this is to think about legal education from a blank slate.  Rather that try to retrofit our current pedagogy to address 21st century needs, instead we need to think about it from its inception — if one were to start a school today to educate those who want a career in the legal services field, what would that school look like?

Upstart competency-based education programs have done just that in other parts of higher education.  They provide at least three new considerations for traditional law school as they begin to think about and prepare for the future.

1. Time is no longer the measure of accomplishment

Online competency-based learning reverses the traditional relationship in education between time and student learning. In the traditional educational model, time is fixed while each student’s learning is variable. With online competency-based learning, the relationship between time and learning is reversed — time becomes the variable and each student’s learning becomes essentially fixed. Students process at their own pace, moving from topic to topic upon mastery of each. Those who need more time to master a concept before moving on to the next take the time they need, while others move ahead to the next set of material and learning objectives.

2. Centrality of competencies, learning outcomes, and assessments

Online competency-based programs shift the teaching pedagogy toward student-centered learning. In an online, competency-based program, faculty and instructional designers start by identifying the competencies students must master to achieve the desired learning outcomes and then work through each to understand how a student would demonstrate mastery of those objectives. Through constant feedback, students know how they are doing and what they need to do next and teachers can determine when students have mastered competencies and are ready to move forward. The assessments in other words are both forward looking—assessments that help determine what a student studies nextand backward looking —assessments that indicate whether a student has mastered the material.

3.  Modularization of course material provides more flexibility and different business models

Online competency-based learning is also changing key elements of the traditional higher education business model. Online technologies make it possible to modularize the learning process—that is, to break usual semester-long courses into shorter learning units or modules, which can be studied in sequence or separately. When material is packaged in online modules, it is easier to use for multiple educational purposes and multiple audiences in different combinations.

Stackable modules allow students to create individualized curricula based on their own learning goals and objectives. For students who attend law school knowing the area of law in which they want to practice—a segment of the student body currently underserved due to limited course offerings in any one topic at any one law school—modules open up opportunities to stack credentials from multiple sources. The long tail of the Internet opens up these opportunities; there may be sufficient student demand if online courses can aggregate demand and serve students from around the country or even the world.

Modules also eliminate duplication and optimize teaching resources. This flexible architecture can create an entirely new business model for law-related education. When learning is broken down into competencies—rather than semester-long courses—modules of learning can be packaged into different scalable programs for very different audiences—for example, paralegals, legal technicians, law students, lawyers (CLE), judges, administrative agencies, non-JDs working in law-related fields, foreign students, high school/college moot court teams, undergraduate students, journalists, clients, life-long learners, and so forth.  The possibilities abound.

This exercise can take us in a lot of different directions.  Every direction, though, will ask us to change and move beyond the status quo.  While change is hard, it is also necessary.  I hope our whitepaper provides sufficient impetus to get started.

Disrupting Law School

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In a new whitepaper, Disrupting Law School, Michael B. Horn and I explore various aspects of disruption in the legal services sector with an eye toward how law schools can respond proactively. As we state in the whitepaper, it is clear to us that law schools need to change. But many in the academy believe that we are insulated from disruption because of regulatory protections. In our view, reliance on this regulatory scheme for protection is misguided.

Heavily regulated industries can be disrupted. The taxi industry provides an example. Uber’s novel business model, which intentionally by-passed regulators, has been embraced by customers, investors, and drivers. As we have seen in other industries, once innovations like this accumulate sufficient market support, the regulations will ultimately be loosened to accommodate them.

It is no surprise, then, to see changes in the regulations affecting both lawyers and law schools. Horn and I identify at least three ways that regulations are opening up.

First, advances in technology are altering the traditional legal services value network. For decades lawyers have provided expensive customized solutions for each individual client. Now, the industry is seeing technological innovations bring more standardized, systematized, and, in some instances, commoditized offerings to the market. The rise of LegalZoom is an example of this kind of disruption. LegalZoomhasbeen challenged on regulatory grounds; the claims were that it was engaged in the unauthorized practice of law. LegalZoom won or settled the court challenges. Those successes have motivated it to expand upmarket, as is typical of disruptors.

Second, technological developments are breaking down the traditional rationale—the protection of the public—for granting lawyers a monopoly on the practice of law. State regulators of bar licensure are taking note. States are beginning to experiment with providing non-JDs limited licenses to provide legal services that until now only JDs could provide.

The State of Washington provides the first example.  It recently licensed legal technicians—non-JDs who are specially trained to advise clients in a limited practice area, in this case family law. Akin to a nurse practitioner, a limited license legal technician (LLLT) can perform many of the functions that JDs traditionally performed, including consulting and advising, completing and filing necessary legal documentation, and helping clients understand and navigate a complicated family law court system. Only two years old, this new model is already gaining traction outside of Washington; the bars in California, Colorado, Massachusetts, New York, Oregon, and Utah, are each considering similar limited licensing options to authorize non-lawyer practitioners to practice in limited capacities in their states.

Finally, on top of the changes coming about through technological innovations and new licensing models, higher education itself is also seeing a variety of potential disruptors emerge, all powered at least in part through online learning. The startups can transform higher education by offering programs that are more flexible, more convenient and, often, more affordable than programs offered in the traditional higher education model. And because they are able to take advantage of a variety of new technologies, business models and teaching pedagogies, these players are positioning themselves to change the status quo in higher education. Here again, law schools may feel protected from the disruption that is coming toward the universities in which we sit because of strict ABA accreditation standards that limit online competition. But here, too, we warn against becoming too complacent when relying on existing regulatory protections.

The ABA recently granted a variance to Mitchell Hamline Law School to offer a blended online, in-person JD program. This acceptance of online learning within the JD, coupled with the ABA’s push for the adoption of learning outcomes and formative assessment, suggest that efforts to innovate using online technologies will find support by accreditors. And students may find online programs attractive as well. Judging from its first class, there is pent-up demand for such an offering; the students who enrolled in Mitchell Hamline’s blended program had higher predictors of success (LSAT and undergraduate GPA) than the class of students enrolled in the live JD program. The program’s former dean, Eric Janus, told me that students in the blended program even expressed gratitude to the school for offering them an opportunity to learn the law. That’s because before this offering became available, the alternative was nothing at all.

Ultimately, we in the legal academy must acknowledge that we are exposed to the same form of competition that has lead to the devastation of entire industries. And then act proactively to create an improved educational environment for the legal services industry.

Infographics on Technology

This is a very interesting and informative look into how technology is impacting education.

1Ls Less Distracted by Laptops Than Upperclassmen

Darlene Cardillo posted this on her Technology blog. I thought it may be of interest to everyone.

Free Upcoming Webinar: Flipping the Law School Classroom

Join LegalED for a free webinar on
Flipping the Law School Classroom

When:  Friday, Sept 27th from 2-3 pm EST

 What is LegalED?  Founded by law professors, LegalED is a website, legaledweb.com, designed to collect teaching materials for legal education.  The site is host to a growing collection of short videos (each 15 minutes or less) on law and law-related topics (substantive, procedural, practical skills and professional values), as well as classroom exercises and assessment tools.  The videos on substantive law could be assigned to students for viewing outside the classroom, in a flipped or blended learning environment, to supplement in-class teaching or to bring new perspectives into a course.  Here is a recent article about LegalED.

What is flipped or blended learning?  Flipped learning blends online with face-to-face instruction.  It uses the internet for what it does well – information and knowledge delivery.  When relevant information is delivered by online videos, face-to-face classtime can be devoted to learning activities that not only reinforce the knowledge, but also ask students to use their new learning to analyze, evaluate, apply or create material – all of which reinforces learning.

Registration:  To register send an email to: meeting@uif.org with your name and institution (participants will be asked to call into the webinar from a phone (with mute functionality, so as to avoid feedback) and should have access to a computer on which they can follow the presentation).

Register soon: space limited to the first 20 participants.
How the webinar will work:  We are “flipping” the instruction so that we can maximize the take-aways from the webinar through active dialogue and discussion.

In preparation, all participants will prepare (approx. 20 min.) for the session by:

(1) watching two short LegalED videos (each less than 6 minutes) on the topic of flipping the law school classroom  http://legaledweb.com/online-learning/;

(2) watching a short video on persuasive lawyering http://legaledweb.com/practical-lawyering-skills/ ;

(3) reading a blog post on how the persuasive lawyering video was used in a flipped classroom http://legaledweb.com/blog/2013/8/27/flipping-the-law-school-classroom.

The webinar is organized and presented by Professor Michele Pistone, Villanova University School of Law, with support from the Uncommon Individual Foundation, uif.org.

Cross-posted from: http://legaledweb.com/flipped-learning-webinar

A Student’s Perspective on Technology in the Classroom

I have been a student at two law schools now: one is the well-established Albany Law and the other is a new law school in Tennessee that just graduated its first class in May, the Lincoln Memorial University’s Duncan School of Law. There are, of course, vast differences between the two schools, but my post today is intended to talk about the relative approaches to legal instruction in relation to technology in the classroom. Of course, each professor has his or her own methods for teaching any given class; however, there are stark differences between the over-arching practices of each school. While Duncan may not have the longest history as an institution, the school was able to develop innovative techniques regarding the  use of technology and progressive teaching methodology without being burdened by “tradition” or resistance to change.

Priding itself on its technology in the classroom, Duncan professors made prevalent use of audio-visual presentations (charts, power point slides, etc.) and computer-aided instructional techniques. Among the practices supplementing traditional instruction methods were daily “turning point quizzes.” At the beginning of each class, students were electronically asked a series of questions regarding the materials covered in the previous class; some classes graded these quizzes, others were merely for instructional purposes. The students would respond (usually by answering MBE-style multiple choice questions), and their answers would be displayed in poll-results format. Based on the results, the instructor was able to spot where the students lacked a complete understanding of the material and was better able to proceed with the day’s class–building on previous understanding towards a more complete instruction method. These “turning point” quizzes are similar to “Clicker” quizzes, except that the turning point quizzes could also have varied answer formats (such as short answer and essay responses).

The instruction style at Albany Law seems to be more traditional, that is, the instructor usually uses a modified Socratic method. I have been in classes that have taken a more practical approach, even including simulated cases–this is a somewhat recent addition presumably brought about by our Best Practices efforts. Of course, once the class period is over, there is typically little “looking back.” While material certainly built upon previous topics, the process is sometimes less clear. During the previous year (my first year at Albany Law), I found myself missing the constant feedback of the “turning point” quizzes and the ability to go back and review slides to revisit lectures if I needed clarification of some topic that was covered. I do not intend to say that my education was somehow better at my previous school than it is now–I have had teachers so glued to the textbook and their powerpoint presentations that they barely took time to actually teach–but the use of technology in the classroom to further outcome-based learning techniques was a crucial instrument to my learning process.

Of course, Duncan is in its relative infancy. The students did not have access to the clinical and practical experiences available to students at a more developed school with a more extensive network of connections. I would suggest a blending of the two styles: student-oriented outcome-based learning (perhaps through the use of reviewable technology and turning point quizzes to supplement the more doctrinal courses) and clinical/practical experiences.

If anyone can think of some practical ways to incorporate the use of technology in a class to further outcome-based techniques, please share your ideas in the comments.

Flipped Learning for Legal Education

Hi Everyone! Mary just invited me to join this blogging community. Glad to be here.

For my first post, I’d like to think about how flipped or blended learning could be used in legal education. Flipped learning blends online and in-class instruction and has been used of late in lots of educational settings, including K-12 and undergrad. I think there is a place for it in legal education too.

The way I see it, flipping the classroom can take a lot of different forms.  I envision them along a spectrum, something like this –

At one end of the spectrum, it can be used to

1. Reinforce learning after class — professors can assign online videos for students to watch after class, to help clarify and/or reinforce the doctrinal concepts that were taught in class, and help to build students’ doctrinal knowledge.

2. Lay a foundation – professors could require students to watch videos that cover basic, foundational concepts – so classtime can start further along the learning process.

3. Supplement with different perspectives — Professors may also assign online videos (prepared by other professors) to supplement their own lectures, so that their students can hear different voices or perspectives on a particular topic or to have students hear from experts on topics beyond the professor’s own field of expertise.

4. Facilitate higher level Socratic dialogue – when professors assign videos for students to watch before class, students have time to think about and reflect on the lesson before arriving in the classroom. That way the videos may reinforce the concepts in the assigned reading and when students come into class – having heard the lesson on the reading before class — they will be ready and able to engage in a higher level of Socratic dialogue and discussion of assigned hypothetical and in-class problems.

5. Integrate essential lawyering skills — when online videos are assigned as homework, as a substitute for a professor’s own lecture — class time is freed up for more active learning exercises that incorporate some essential lawyering competencies.

6. Professor as Facilitators/Guides — Some professors may decide to use videos to help integrate practical lawyering skills in doctrinal courses. Students could be required to review videos on substantive law and on practical lawyering skills out of class. Then, classtime can be devoted to simulations or role plays in which the students use the material they learned on video to engage in essential lawyering skills – such as negotiations, interviews, or oral arguments.

In this way, the professor is moving from a position at the front of the class, to a coach who works one on one with students, or with small groups of students, during assigned classtimes. And it promotes collaboration and team building among students.

This last category would be at the other end of the spectrum and allow professors to bring more training in practical lawyering skills into each course.

What do you think?  Let me know if I’m missing something.  I am speaking about how to use technology in our teaching at the AALS Clinical Conference next week.  I’d love to hear your reaction to these ideas before then.

The Future of Legal Education: Ted Talks, Kahn Academy and LegalED Web

http://albanylawtech.wordpress.com/2013/04/17/live-blogging-from-the-celt-workshop/

Live Blogging from the CELT Workshop

pistone

On April 17, 2013, Michelle Pistone, Professor of Law and Director, Clinic for Asylum, Refugee and Emigrant Services (CARES) at Villanova University School of Law, spoke to the Albany Law School faculty on the topic of How Emerging Innovations Will Disrupt Legal Education:

Her engaging presentation began with a clip from 1994 of Bryant Gumble and Katie Couric from the Today Show debating the pronunciation of a mysterious keyboard symbol, the”@” symbol. From there and Bob Dylan (“The Times They Are A Changin”), she reminisced about buying books and records at neighborhood stores, seeing movies in the theaters, and when TV shows only played once a week, and if you missed them, you had to hope they’d be rerun during the summer.

Yes, this has all changed. Books and newspapers are now digital. TV shows and movies can be watched at anytime and on computers and phones. These changes are result of innovations which have created a new world.

However, this is the only world that our students know!! They were born digital.

As a result, our students are visual, connected, relate to one another through technology, have an abundance of information that is available at any time from any place. They are used to convenience, speed, multi-tasking, immediate feedback and working together on projects, collaborating, sharing, and creating.

So the important question that Prof. Pistone raised was: In light of these changes, have law schools changed enough?

And her answer was: “Law schools have not changed much in the last 100 years.”

K-16 education has been changing. We have the addition of MOOCS (massive open online courses); Khan Academy which offers videos and quizzes that can being used alone or to flip the classroom. TED ED which makes videos for use in high school – students watch videos online for homework and then can come into class ready to do active problem based learning (thus “flipping the classroom”).

Prof. Pistone recommended reading the book Innovator’s Dilemma: When New Technologies Cause Great Firms to Fail by Clay Christensen. In it, he introduces the key concepts of sustaining technologies (those that improve the performance of established products) and disruptive technologies. Although “disruptive technologies” result in worse product performance in the short term, they are typically cheaper, simpler, smaller, and, frequently, more convenient to use (Skype being an example.) So we need to adapt to them.

A study conducted by the Department of Education found that blended learning (a combination of online and face-to-face instruction) obtained better results for students and than either face-to-face or completely online learning. This is something to keep in mind.

So what is next for law schools?

Prof. Pistone recommends focusing on:

  • What we teach – in light of our changing, globalizing, interdisciplinary world
  • How we teach — to cover a wide range of competencies and reach different learning styles
  • How we assess what students are learning – supplementing the final summative exam with formative assessment
  • How we signal to others a student’s competencies

legaled

Lastly, Prof. Pistone introduced her new project called LegalED. LegalED is a web-based platform that will host teaching materials for legal education. The materials will include:

  • short videos made for internet viewing
  • problems and exercises
  • assessment tools

This online platform of teaching materials (esp. the short videos) can be used to supplement law school and to “flip” the classroom.

legaled1

Prof. Pistone’s presentation concluded with a lively discussion by faculty on law school competencies that cannot be taught online (such as empathy), mapping competencies to the teaching process, mastery/adaptive learning, bar exam…


Effective Use of Video Cards in a Course

Sometimes technological options exceed our immediate or obvious teaching needs, and we have to consider whether (or not) there are ways to effectively make use of the technology. For example, it is now easy for schools to make camcorders and small, inexpensive memory cards available for use in coursework.

Providing these tools directly to professors and students on a self-service basis eliminates some administrative costs that would otherwise be involved if they remained solely in the hands of staff. It also allows for nearly limitless flexibility regarding where, when, and how the cards are put to use. All students in a course can be required to check them out and use them for specific purposes connected to the individual course.

So we’ve got the ability to make, store, edit, and show videos – of student presentations, guest speakers, simulated lawyering events, and whatever else we can envision. What are some specific ways to truly take advantage of these options in our teaching?

Faculty Share Best Practices

On November 3, 2010, the topic of the weekly lunchtime Faculty Teaching/Scholarship workshop at Albany Law School was “Technology” and, specifically, how TWEN can add a new dimension to law school learning. Instead of providing a “how-to” workshop by me, the Instructional Technologist, we decided that it would be more useful for the faculty to hear from their peers.

I began the session sharing the results of a pre-semester survey which asked the faculty: Which Westlaw TWEN options do you use to enhance student learning? and Which options would you like to learn more about?

The responses to the 1st question indicated a preponderance of static content and a lack of opportunity for interactivity by students. The 2nd question pointed to an interest by faculty in hearing about discussions, wikis and embedding digital content.

During the next part of the workshop, six faculty members discussed their experiences using the following interactive TWEN tools:

  1. (Discussion) Forums
  2. Customized Polling (Surveys)
  3. Wikis

They focused on the advantages they saw in using that tool and shared lessons learned. The presentation with notes added (in red) is posted below:

All in all, the workshop was very well received. A survey has been posted to TWEN to solicit additional feedback.

More technology workshops of this type are planned.

 The next one  is scheduled for Feb. 2, 2011. The topic will be Digital Student Recording & Assessment.

 

Harvard Law School’s New “Casebook” for the Digital Age

The casebook began with Langdell at Harvard Law School, and so it is reimagined by another Harvard Law School professor.  Jonathan Zittrain and other developers, introduced a new electronic “casebook” today at a luncheon held at the Berkman Center for Internet and Society at Harvard University. 

The goal of the new system is not simply to provide students with a digital casebook, but a new suite of tools to help students and professors collaberate.  The suite is called H2O and includes a syllabus (called a “playlist”), a question tool, casebook creation tool, and a “rotisserie” discussion tool “which enables a structured discussion. Users respond to a question, then are assigned discussion partners, who critique their responses.”  The professor can also mark up the text using a resource called “collage” which “allows for tagging text, annotating it, and hiding portions of text without changing the original document.”

One key benefit to the system is to promote student discussion. “Students can outline and mark up cases they’re assigned to study and share them with a study group.”  Another benefit is that it could help create new course structures. “‘I like contracts, I like torts, I’m not going to teach contorts because there’s no book for it. but if I can easily do my own bespoke syllabus drawing on the work of others, I could.'”

There is a playlist currently available to view (click Playlist and scroll to Chapter 2: Battery).  The professor is able to give a brief overview of what is being covered and how the cases fit together.  Click on a case, and you will see how the professor has highlighted important aspects.

You can read more about it in a blog post at The Atlantic and in a blog post by Ethan Zuckerman.

The real question is: will this new method of teaching catch on?

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