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.

Instructional Technology at Albany Law School

Below are a few infographics that illustrate different ways that technology is impacting education for both students and teachers:

How are college students using technology?

Source Credit BachelorsDegreeOnline

What about ebooks?

Source Credit Schools.com

Interesting info on technology use:

Source Credit LearnStuff

Each of these infographics have shown how technology will continue to be a large part of learning and teaching.

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1Ls Less Distracted by Laptops Than Upperclassmen

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

Instructional Technology at Albany Law School

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Another interesting article from the National Law Journal:

Law school upperclassmen are far more likely than their first-year counterparts to spend classroom time checking Facebook, playing solitaire, scanning sports scores or otherwise goofing around on their laptop computers, according to recent research.

Classroom observers found that among the 2Ls and 3Ls equipped with laptops, 87 percent used the devices for non-academic purposes for more than five minutes per class; 58 percent were distracted by their computer screens at least half the time.

By contrast, a mere 4 percent of the 1Ls observed during a civil-procedure course were “strongly distracted” by their computers, and 44 percent were never distracted.

The findings come from St. John’s University School of Law professor Jeff Sovern’s article in the latest edition University of Louisville Law Review: “Law Student Laptop Use During Class For Non-Class Purposes: Temptation v. Incentives.”

But he wasn’t the first to look at how…

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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

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