December 21, 2007
Anyone have reactions/input on TeachingLaw.com?
For a variety of reasons, I have decided this coming Spring to try out TeachingLaw.com for my Legal Writing & Analysis course. Based on my initial investigation, I am cautiously optimistic about using this innovative platform for a course that lends itself to innovation (and that is more about doing than about content in a traditional text).
I would be grateful to hear from anyone with notable experiences (good or bad) with the TeachingLaw format (or any other on-line, e-book format) for any kind of course development and/or classroom use.
Posted by DAB
December 20, 2007
Kindle won't catch fire in law schools
A late rejoinder to the discussion about ebooks and casebooks (Tech Law Prof Blog, Law Librarian Blog, two previous LSI posts): I don't think Kindle will replace paper casebooks in the near-term because it's less functional than a paper book for study purposes without adding obvious digital/network features for study purposes. I emphasize "study purposes" because students are not romance novel readers, and the Kindle targets the latter:
- The size of the screen is still much, much smaller than an open textbook.
- Thumb-typing annotation off-screen is nothing like margin scribbling. And not in a good way, either. (Heck, even writing directly onto a Tablet PC is nothing like scribbling on paper).
- Multi-color highlighting?
Now, lighter weight is a significant feature (after all, I personally chose a 3.1lb tablet PC over larger, heavier, cheaper alternatives), but I would want more for my $400, even if I could get all of my casebooks on it for, say, $20 each (which I can't imagine the publishers offering). And that's because Amazon is trying to make books work like mp3s, not like blogs or wikis.
Casebooks exist in a social ecosystem of study groups, hornbooks, and inherited outlines. What students really need to do with casebooks -- after reading them, of course (!) -- is to rip /mix /burn them into streamlined study aids. Oh, and then share those with each other. While that's not necessarily incompatible with DRM, locking down the texts sure makes it a heck of a lot harder to do. (Witness the Zune, which, without DRM, would be a much better model for law school ebook hardware than the iPod).
There's one product that I think gets it in terms of the real potential value of ebooks in law schools, and that's Aspen's Studydesk. Though, of course, the problem remains DRM and its inherent conflict with sharing among peers. But it does get the idea that in law schools the casebook is only a means to an end (learning and getting good grades) rather than end in itself.
(I do, btw, think that Kindle has potential as a Toilet Browser, depending on how well it handles news sites and RSS feeds. So if someone wants to send over a stocking stuffer... ;)
December 18, 2007
Current law school trends and innovation
Last month, I briefly pondered the connection between development and innovation. Jim Chen's meaty reply over at Moneylaw has me thinking more broadly about the subject. In that earlier post, I proposed that in some circumstances development may be a brake on innovation, since top givers often are alums who want to preserve and reward the status quo. The importance of development, however, is only one of many law school macro-trends which can either encourage or stifle innovation. Today, I would like to look more broadly at these trends, and invite further commentary. Of course, I am speaking in very general terms, and know that in specific instances (especially where attention is paid to innovation), all these trends can favor innovation.
Trends which favor innovation:
1) Increased emphasis on scholarship
Undeniably, scholarship is taken more seriously at a greater number of schools than in the past. This trend does drive us toward innovation, as scholars have to try new angles in crafting meaningful work. It also brings us together in meaningful ways through collaboration, conferences, and broad national debates-- all of which are fertile ground for innovation.
2) Technological advancements
The current trend towards high-tech teaching and scholarship (use of powerpoint, on-line journals, blogs, etc.) has been very positive in promoting further innovation. It enables collaboration between schools, speeds up the time frame for discussions, and connects us to the rest of the world in real and positive ways.
3) The tension between Ph.D.'s as professors and an emphasis on practical training
Two trends are often (and I think, wrongly) described as being in opposition: the hiring of Ph.D.'s as law professors, and an increased focus on practical training. Both these trends, and the debate over both, are good for innovation. Ph.D.'s often are key innovators, as they bring in ideas from other fields. Stan Wheeler, profiled below, is a good example of this. Similarly, practical training (through clinicals, simulations, and other methods) has been a key area of innovation. Finally, the tension between the two has created innovation itself, as the Ph.D.'s try to make their work more relevant, and those teaching practical skills look for theory on which to ground their practices, driving each into new territory.
Trends which disfavor innovation:
1) Tougher tenure requirements
Because it is basically a process by which the experienced judge the new, tenure can be a brake on innovation by those best suited to use new ideas. Older faculty sometimes see innovation as a threat or outside the proper character of the school, and this discourages new faculty from innovating. At any rate, untenured professors tend to be risk-adverse because of the tenure process, and risk is a condition precedent for innovation. This, of course, can be reversed if innovation is directly rewarded in the tenure process.
2) Development concerns
As I already discussed, if alumni are given great influence due to development concerns, and want the school to remain as they remember it, development concerns can discourage innovation.
3) Focus on rankings
The trend towards giving U.S. News rankings a high value may discourage innovation, because, other than scholarship, it does not measure either innovation or its direct effects (ie, more satisfied and engaged students). Indirect effects, of course, may occur. Sadly, some institutions focus resources on those aspects of law school which most directly influence the rankings.
What other trends influence innovation?
-- Mark Osler