The wrong story: regulation and legal ed tech

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Pecha Kucha presentation to Law Tech Camp, London, June, 2012.

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The wrong story: regulation and legal ed tech

  1. 1. The Wrong Story:Regulation and LegalEdTech Paul Maharg
  2. 2. the argument4 Policy-makers, regulators and educators need to radically rethink legal educational culture, practices and infrastructure.4 Regulation should help us to develop new theory, re- discover old heuristics & develop imaginative forms of teaching & learning with new technologies.4 It’s effective and cost-effective, but…4 we need to re-design knowledge representation, learning resources, staff roles, institutional roles, in the digital world. Remember Kodak, Encycl. Brit., journalism, music industry, ‘creative destruction’ etc… LawTechCamp 2
  3. 3. what’s wrong with legal ed tech?Undergraduate: Dull. Lack of focus or institution-focused only Info-push, doesn’t encourage individual voice Lack of social networking nous Little linkage with pre-programme, post-programme No links with the rest of our social lives No sense of the internet as a space for living, thinking, communicating, ie as an affinity space (cf Goethe’s Elective Affinities) LawTechCamp 3
  4. 4. what’s wrong with legal ed tech?Postgraduate vocational: Dull. Lack of focus or institution-focused only Info-push, doesn’t encourage professional voice Lack of social networking nous Little linkage with undergrad or professional lives Where’s the professional software that lawyers use? No sense of the internet as a space for earning, pro bono, professional communities. LawTechCamp 4
  5. 5. Why regulate this area? LawTechCamp 5
  6. 6. Technology is critical toeducational context LawTechCamp 6
  7. 7. Eg:  Graphics  Finding devices  Text layout  Use of colour  Informational structure  User engagement  Use of adjacency & juxtaposition for mnemonic purposes LawTechCamp 7
  8. 8. iPad + wireless + glossa Think of aggregation as: 4 the social media of our students’ nested lives 4 a genealogy of knowledge where there is textura and the development around them of debate, analyses (glossa) which change in real time 4 an ethical practice community that develops much faster than medieval scholarly circles LawTechCamp 8
  9. 9. Technology can enable innovation LawTechCamp 9
  10. 10. legal learningLawTechCamp 10
  11. 11. LawTechCamp 11
  12. 12. how to be innovative & creative?Useful contextual planning tool: CHAT mediational activity(after Engerström) LawTechCamp 12
  13. 13. the CHAT frameworkEg in collaborative simulations… LawTechCamp 13
  14. 14. How to regulate…? LawTechCamp 14
  15. 15. how not to regulate… Debate around ABA Standard 306 (now 311), restricting distance learning vis-à-vis classroom time: Standard 311. DISTANCE LEARNING Distance education is an educational process in which more than one-third of the instruction of the course is characterized by: (1) the separation in time or place, or both, between instructor and student; and (2) the use of technology to deliver instruction. LawTechCamp 15
  16. 16. regulatory alternatives?‘While distance education can be analogized to classroomtime, it would seem that a better approach is to thinkabout what we want education to accomplish –knowledge of subjects needed to be a lawyer, inculcationof skills and values necessary to be a good lawyer, andsome experiential component – then set out how anyprogram proves that it does so.’Rakes, W.R. (2007). From the Chairperson. Syllabus. American Bar Association section of LegalEducation and Admissions to the Bar, 38(2), 2-3. Or LawTechCamp 16
  17. 17. regulatory alternatives?OER:Institutional OERDisciplinary OERPedagogic OER, eg Simshare LawTechCamp 17
  18. 18. regulatory alternatives?Shared spaces concept in traffic zones: Redistributes risk among road users Treats road users as responsible, imaginative, human Holds that environment is a stronger influence on behaviour than formal rules & legislation. ‘All those signs are saying to cars, “this is your space, and we have organized your behavior so that as long as you behave this way, nothing can happen to you”. That is the wrong story’. Hans Monderman, http://www.pps.org/reference/hans-monderman/ LawTechCamp 18
  19. 19. participative regulationPortrait of the regulator as:  QE, not QA – Quality Enhancer, insisting on innovation, imagination, change implementation  A hub of creativity, shared research, shared practices & guardian of debate around that hub  Initiating cycles of funding, research, feedback, feedforward  Archive of technological memory in the discipline  Founder of interdisciplinary, interprofessional trading zones LawTechCamp 19
  20. 20. Web: paulmaharg.comEmail: paulmaharg@gmail.com LawTechCamp 20

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