Law School Innovation

Great new free resource from CALI: the Legal Education Commons

I was pleased to get this news via e-mail from the folk at CALI:

I wanted to let you know about a new CALI resource that may be of interest to your blog readers called the Legal Education Commons.  Really, LEC is the first step toward the completion of another CALI project with which you and some of your readers may be somewhat familiar: eLangdell.

A lot more details about the can be found in this press release. Here is how the press release begin:

Starting today, legal educators will have the capability to search, make use of, and share more legal educational materials than ever before. The Center for Computer-Assisted Legal Instruction (“CALI”), in collaboration with Harvard’s Berkman Center for Internet and Society, is launching an open, searchable collection of resources designed specifically for use in legal education: a “Legal Education Commons” (“LEC”).

“All teachers of law have materials and notes they use in teaching,” says John Mayer, CALI Executive Director. “Many freely share their materials with colleagues, but there has never been a singular searchable, taggable space to serve that function for the entire legal academy,” he explains, “until now.” The LEC is available online at www.cali.org/lec.

The Legal Education Commons launches with over 700,000 federal court decisions readily available to its users. This initial collection of cases from public.resource.org makes the LEC one of the largest gatherings of case law freely available in one place under a creative commons license.

CALI has also donated 300 original illustrations from its popular online tutorials, “CALI Lessons,” making the Legal Education Commons the first and largest pool of free images designed specifically for use in legal education.

Posted by DAB

Future of the Law School Coursebook wrapup

Coverage of the event in the local press and by John Palfrey. Also: Chronicle of Higher Education.

My own takeaways:

• We need to distinguish strongly between electronic distribution of textbooks and new methods of creating/authoring them.
• We need a new word other than "book" (or coursebook or casebook or textbook) to describe the resources that today's law teacher requires -- from audiovisual examples to simulations to traditional texts.
• Whatever new systems emerge, they must feature some combination of generativity or interoperability to ensure flexibility, innovation, and cost-effectiveness.
• Traditional legal publishers are making good-faith efforts to keep up with needs, but they cannot lead -- it is up to the legal academy to figure out what we want. Furthermore, some of them may be hamstrung due to shareholder demands for profit, legal/copyright caution, or lack of the right personnel to drive change. They may be able to overcome these barriers, or they may not. Either way, law schools must lead.
• Keep an eye on technology companies entering the market from unexpected directions -- whether Amazon, Google, or some hot startup we've never heard of. The legal textbook market is not a very big one, but it might be ripe, low-hanging fruit for some of these players.

Audio recording of the first session

Audio recording of the seciond session

Audio recording of the third session

Audio recording of the fourth session

- Gene Koo

Liveblogging the Future of the Law School Casebook workshop part 4

This final segment of the workshop, excepting dinner, asks participants, "Where do we go from here?" Ron Collins now believes "the future is only across the street" -- it is not that far away, if we can collaborate.

Specific ideas after the jump.

• Pick one first-year subject that spans all schools in which to work out all the kinks
• Berkman & CALI is convening such a meeting, in the cyberlaw area
• Law schools can open their law journals for open access to unknot the problem identified in the last session
• Create a consortium in which law schools buy out one of the top casebooks to put into a desired platform
• Chip in for an extreme course makeover. "Pimp my course" :)
• Open this conversation to a wider public participation (this was a closed workshop)
• AALS session: how to do this, get a big room of people on board
• Or a summer program / writer's retreat, rather than at AALS
• Collaborate among publishers so we don't have separate, non-interoperable silos.
• Publishers: join IDEF to support standards as they converge. PDF + EPub, etc. They may not be the best, but they are going to be standard.
• We want one platform, not unlike iTunes -- creators should be able to sell/offer their materials without having their own music stores.
• CALI, as a nonprofit consortium of almost all American law schools, stand ready to provide that platform, open-source if desired.
• So does Sony (not the nonprofit part)
• We need both motivation and training for professors, once we have a platform to push them into
• Build a prototype to get people excited.

Official notes for session 4

Liveblogging the Future of the Law School Casebook workshop part 3

Matt Bodie is moderating a discussion on "Competing Online Architectural Formats: advantages and disadvantages." One of the big elephants in the room regards intellectual property and what the role of the professor will (and won't) be in that future.

Take the jump with me here...

Susan Case describes making her book available for free on the Web, which has become incredibly popular and led to speaking invitations, etc.

Daniel Albohn (Sony) is demoing our submitted memos on the Sony Reader. Why is the screen so small? Maybe take a look at the iRex iLiad.

Skover: before recepticles become useful, we need to answer -- what kind of platform do we want to have for containing these digital packages.

Joel Thierstein: what's our ethical obligation to make our content open?

David Vladeck wonders how many law professors expect to make money from casebooks? Leslie Levine (West) responds that the motivating force seems instead to be (usually) about getting information out there and

John Palfrey suggests dividing up the analysis into three pieces: (1) the authoring; (2) the platform; (3) the recepticle. We should design a system that is at least dual-purpose -- (a) for students, and (b) enable a standard mode of copyright transfer.

JP's suggestion strongly seconded by Ron Collins. Imagine a platform that allows both proprietary and open information available for remixing. This need not be a war between those who want to give it away and those who seek some renumeration for their work.

I noted that in addition to fiscal renumeration, authors will want reputational returns as well.

John Mayer: www.eLangdell.org. How about creating a pool of money to pay authors to create texts, just as CALI does with lessons? over to Joel...Connexions likewise has a teaching commons, with CC-attribution that allows for collaboration with publishers. back to John... What about SSRN as a source of teaching resources? How about Connexion's model of buying a statistics textbook, funded by a foundation, that now is being remixed by professors and potentially even published at a price.

Craig (Concord) -- frustrated that the technology is all there. Why must we re-invent the wheel because the publishers and appliance manufacturers are "tying our hands" because they want to be the only platform.

Some confusion now arising over what "open source" means -- distinguishing open access from open source.

Heidi Hellekson (West) is responding to the question, pointing out that they've been heavily pushing DRM. [ This didn't seem to be the actual demand from the audience ]. Leslie (Lexis) points out that they are not stopping independent authors from self-publishing; John Chatelaime (Aspen) adds that the academy -- the authors -- need to start releasing their rights. Third-party copyright holders have presented a major obstacle.

JP is describing Harvard's open access initiative and repository (see also Duke et.al.) to alleviate this problem on the production side.

David Skover argues that professors should start asserting their market power to keep their copyright. Bill McCoy (Adobe) notes that the larger publishing industry is getting over these problems -- deal.

Kraig -- we're both the licensor and licensees -- can't we join these interests here?

Greg Silverman -- content production today can be quite complicated with many collaborations; don't underestimate the expense of such.

Why not just collect links to cases, articles? The cases are out there, but the editing-down is a clear value-add. (But is it enough?)

Paula Lustbader wants to know what the law students are doing -- are they reading the articles? notes? cases? Steve Friedland suggests we add these questions to our end-of-class surveys.

Do students demand it in electronic format? Conrad: They want something they can own, control -- and if we experiment, we can learn from their reactions.

Official writeup of Session 3

Liveblogging the Future of the Law School Casebook workshop part 2

Part 2, moderated by David Skover, is "The Printed Casebook & Its Print/Electronic Alternatives: advantages & disadvantages in content & delivery systems." We broke into four groups loosely discussing these topics without any formal structure. Summary notes of each groups reportback follows the jump...

First group: Is every change positive? How is the Bar driving how schools teach? Disagreement between preparing for the Bar vs. other teaching goals. How do you handle assessment tools? What are the forces driving innovation -- probably it's convenience, not pricing. Don't dichotomize between print and electronic -- it's a continuum.

Second group: What's wrong with the casebook? Lacks flexibility, customizability, doesn't take advantage of new media. What will it look like? Probably not a purely open database because newer professors want some structure -- more a set of modules that would represent a course. What role does the publishing industry have in this future? Creation, marketing, distribution?

Third group: Books are just a modality -- form of what we're creating (books) isn't intrinsic but a practicality. Impediments -- law schools' reward structure not geared towards creativity of teaching.

Fourth group: "Flexibility" -- how to give teachers maximum flexibility for designing, using content in the classroom. Would require a production team, law profs, technologists, instructional designers. How to disaggregate to obtain optimal granularity: (1) instructional design -- should correlate to learning objectives; (2) authoring systems -- should be separate from the delivery system, allowing multi-channel distribution; (3) delivery system -- make it optimal for class, or even individual students; (4) business model -- preference for open source but accommodating of commercial units, a payment model that would be consistent between the two.

Subsequent discussion points:

• Print lacks inherent value as a delivery mechanism? Distinguish between the entire value chain of print vs. final print product. Non-flexibility has some value for certainty of who's writing what.
• Is there a difference between electronic & print "thinking"? Some research suggests that the gap in cognitive absorption of learning between e & p is shrinking (see Bill Hill's research at Microsoft; see John Palfrey's Born Digital; see MacArthur's recent series).
• Generativity and interoperativity (on open standards) as watchwords of PLATFORMS moving forward.
• Is the digital / media evolution of practice going to change teaching with it?
• Bar exam driving law school pedagogy: might be an opportunity to teach differently. This is generating significant discussion.

Official notes for session 2

Workshop on the Future of the Legal Course Book

This Saturday, Seattle University School of Law is hosting a workshop on the future of the legal course book. According to the official description,

Among other questions, the workshop sessions will consider: (1) What fundamental changes in legal education are necessary, and how might such changes best be made at the national level? (2) How do the traditional curriculum and casebook constrain any such reform efforts? (3) What viable alternatives are there to the traditional print casebooks, as far as content and delivery systems are concerned? (4) What are the advantages and disadvantages of competing infrastructural designs for electronic delivery systems (including closed-source vs. open-source architecture) and the electronic devices for receiving and viewing such materials?

A lot of great memos have gone back and forth among the participants. I thought I'd share my submission here in in PDF form. Text of the post follows after the jump

Memorandum on Preliminary Thoughts:
Workshop on the Future of the Legal Course Book

Networked computing provides new capabilities to law teachers that remain largely unrealized. I categorize these into three broad areas:

1. Experience, as opposed to knowledge

2. Collaboration, as opposed to exclusivity

3. Relationships, as opposed to information

1. 1. Experiential learning

Computers are doing for systems what the printing-press did for information: provide a scalable method of distribution. The upshot for educators is that while books convey information to enable students to develop knowledge, computer-driven simulations convey systems to enable students to have experiences. And experiential learning has become an emerging best practice in today’s pedagogy.

Books, and the information they convey, will remain critical for establishing a baseline of knowledge and the ways of “thinking like a lawyer” that we cherish. Our challenge as educators is to enable our students to take the next step and integrate that knowledge into the professional strategies, behaviors, habits, and values that constitute modern legal practice.

Until recently, legal educators who wanted to provide students with learning experiences were obligated to do the work by hand: write the materials, play the roles, and most burdensome of all, manage the logistics. Like monks transcribing texts, their work was valuable but never scalable.

Video games demonstrate the power of computers to convey first-person experiences rather than third-person stories or disconnected facts. Computer-managed simulations will allow law professors to offer students legal practice experiences that were previously inaccessible:

• Clinical practice is irreplaceable in its authenticity and reality, but it can also be expensive and highly variable. Simulations can provide a uniform set of experiences, especially in practice areas that law students would rarely have the chance to touch (e.g. complex corporate transactions).
• Many law professors lack significant practice experience and are reluctant to portray something with which they are unfamiliar. A professionally-authored simulation can capture the wisdom of practice in a way that offloads that responsibility from the professor.
• Likewise, many educators lack experience and know-how with running a simulation at all, which entails architecting a space for movement rather than directing learners along a linear path. A computerized system can offload much of that from the instructor.

By “computer simulation” I don’t necessarily mean fully-rendered 3D virtual worlds. When you consider the virtual world of a typical law firm, much of it exists within the boundaries of email, the Web, and EDGAR/Lexis/Westlaw. The kind of virtual reality required for this type of simulation would entail those worlds, not necessarily a 3D “World of Warcraft” knockoff. Of course, the technology required for any given simulation depends on the kind of experience desired.

2. 2. Collaborative authorship

Digital media have exposed the core limitations of paper-bound books. We begin to realize that casebooks are arbitrary dips out of the larger pool of knowledge. That larger pool has eluded us because the costs of distributing the entirety of the pool in using paper have been too high.

It is more accurate to imagine existing paper casebooks as professors scattered on at least two axes – how they approach the law and how they teach – and clustered around casebooks:

Conversations with casebook adopters reveal that this clustering is often arbitrary and rarely efficient. Most admit, even the authors themselves, admit that every casebook winds up being a massive compromise across different constituents.

Instead it seems more accurate to describe the set of professors teaching any given subject as a community, networked through personal and professional relationships:

And while a small subset of the community have taken it upon themselves to author casebooks – sometimes for the money, but most of the time for other motives, not least of which is altruism – most professors are “micro-authoring” every semester whenever they create coursepacks to supplement those books when they are incomplete, inadequate, or outdated. Indeed, some have simply abandoned casebooks for coursepacks altogether.

Before the Internet, it was prohibitively expensive to share coursepacks, leading to much wheel-reinvention. Some professors now use listservs as an ad hoc solution. What’s desperately needed is a platform with the following features:

· A means to share materials with colleagues

· A means to find and remix materials to create custom coursepacks, including export to digital and paper formats

· A system to authenticate authors and their reputations

· A system to evaluate and credential materials and collections of materials

· A business model to keep this system sustainable both for the entire system and the individual authors within it.

3. 3. Relational learning

Peer learning is critical to most law students’ success. Study groups play a storied role in the law school experience, yet law schools provide little support for them. E-casebooks present new potential spaces for these groups – less because they are digital than because they are networked.

Whereas e-books and e-book device readers like the Kindle present certain physical capabilities, such as instant downloading/updating, lighter-weight packages, and almost infinitely scalable distribution, they currently lack a key property that made the Web so robust: networking. Rather, the existing Kindle functions more like television: a one-to-many broadcast. This stifles the greatest possibility of digital texts for learning: that they might become platforms for students to learn with each other.

Imagine if a study group could outline a case together, share notes, and answer each others’ questions within the text itself. Imagine if the casebook was as much about the whitespace between words as the words themselves – whitespace for students to do their own teaching and learning.

There is an enormous disjunction between learning materials that are in textbook format (whether paper or digital) and the learning tools that students increasingly rely upon, whether they are “official” tools offered by the school (e.g. Blackboard) or cobbled together ad hoc (e.g. Google Docs, wikis). It may not be that the e-casebook platform itself offers these new capacities – the beauty of Web 2.0 is allowing content to “exist” in different “places” – so long as they are open and permeable, preferably to as much experimentation as possible.

Many students want to learn in community together – study groups are mostly voluntary. We need learning materials flexible enough to bend to unforeseen uses that today’s students will inevitably invent if given the chance.

On-line innovations from New York Law School

Professor Michael Perlin of the New York Law School sent along this interesting report on an expanding innovation at his institution:

This fall, New York Law School will be offering four courses from the  nine-course array of  its online, distance learning curriculum.  Courses combine streaming videos, readings, weekly synchronous chat rooms (meaning, class meets at 8:45 on Monday night, say, but you can be home in your pajamas or at a coffee shop, not in Room A 602), asynchronous message boards and two full day live face-to-face seminars (in which skills issues are always emphasized). We've been offering these courses since 2000, and have grown the program this year from six to nine courses (about which we are very excited). Courses to be offered this fall (with chat room times listed) are these:

• Survey of Mental Disability Law (Monday, 8:45-10 pm)
• Sex Offenders (Tuesday, 8:45-10 pm)
• Therapeutic Jurisprudence (Wednesday, 8:45-10 pm)
• Americans with Disabilities Act: Law, Policy and Procedure (Thursday, 8:45-10 pm)

The courses are open to law students and to attorneys (CLE is available), and are also appropriate for mental health professionals, advocates, and activists.

Currently, NYLS has formal partnerships with Southern University Law Center, Gonzaga Law School, Concord Law School, and McGeorge Law School; however, students from other law schools are encouraged to enroll for these courses as well.

For more information, please visit the website www.nyls.edu/mdl (scope notes for each course can be found at this link), or write for details to Liane Bass, Esq., senior administrator of the program (liane.bass@nyls.edu). Registration is now open for all courses.