A New and Urgent Role for the LRW Professorate: The Impact of Technology on the Law and the Legal Profession (with Ian Gallacher, Ellie Margolis, and Kristen Murray).
Presented at the LWI 2010 Conference, June 29, 2010, in Marco Island, Florida.
2. A New and Urgent Role
for the Legal Writing
Professorate:
The Impact of Technology on the Law
and the Legal Profession
3. Program
• David Thomson (Denver) Moderator
• Ian Gallacher (Syracuse) Search
• Ellie Margolis (Temple) Practice
• Kristen Murray (Temple) Classroom
• Your Questions
4. Program
• David Thomson (Denver) Moderator
• Ian Gallacher (Syracuse) Search
• Ellie Margolis (Temple) Practice
• Kristen Murray (Temple) Classroom
• Your Questions
5. Program
• David Thomson (Denver) Moderator
• Ian Gallacher (Syracuse) Search
• Ellie Margolis (Temple) Practice
• Kristen Murray (Temple) Classroom
• Your Questions
6. Program
• David Thomson (Denver) Moderator
• Ian Gallacher (Syracuse) Search
• Ellie Margolis (Temple) Practice
• Kristen Murray (Temple) Classroom
• Your Questions
7. Program
• David Thomson (Denver) Moderator
• Ian Gallacher (Syracuse) Search
• Ellie Margolis (Temple) Practice
• Kristen Murray (Temple) Classroom
• Your Questions
8. Program
• David Thomson (Denver) Moderator
• Ian Gallacher (Syracuse) Search
• Ellie Margolis (Temple) Practice
• Kristen Murray (Temple) Classroom
• Your Questions
9. Program
• David Thomson (Denver) Moderator
• Ian Gallacher (Syracuse) Search
• Ellie Margolis (Temple) Practice
• Kristen Murray (Temple) Classroom
• Your Questions
10. Program
• David Thomson (Denver) Moderator
• Ian Gallacher (Syracuse) Search
• Ellie Margolis (Temple) Practice
• Kristen Murray (Temple) Classroom
• Your Questions
11. Program
• David Thomson (Denver) Moderator
• Ian Gallacher (Syracuse) Search
• Ellie Margolis (Temple) Practice
• Kristen Murray (Temple) Classroom
• Your Questions
12. Program
• David Thomson (Denver) Moderator
• Ian Gallacher (Syracuse) Search
• Ellie Margolis (Temple) Practice
• Kristen Murray (Temple) Classroom
• Your Questions
13. David Thomson
LP Professor and Director
Lawyering Process Program
University of Denver
14. Can we stop focusing
on the small stuff?
Word vs. WordPerfect
Laptops or no
PowerPoint is/or is not evil
15. Wrote a book!
I wanted to get us off the
small stuff, so I wrote a book.
16. Thesis of Law School 2.0
• Legal Education has not changed (enough)
for 100 years. There has to be a reason.
• The Cost/Change Conundrum:
• We know what needs to change, it just
costs too much
• Technology is finally maturing - it can help
• The Practice of law is using tech in new ways
• For our students, technology is like Air
33. Everything that’s already in the world when you’re born
is just normal;
Anything that gets invented between then and before you
turn thirty is incredibly exciting and creative and with any
luck you can make a career out of it;
Anything that gets invented after you’re thirty is against
the natural order of things and the beginning of the end
of civilization as we know it until it’s been around for
about ten years when it gradually turns out to be alright
really.
Apply this list to movies, rock music, word processors
and mobile phones to work out how old you are.
Douglas Adams
42. FROM GOOGLE SCHOLAR:
*319 JUSTICE REHNQUIST delivered the opinion of the Court.
The United States District Court for the District of Columbia granted
the motion of petitioner Celotex Corporation for summary judgment
against respondent Catrett because the latter was unable to produce
evidence in support of her allegation in her wrongful-death complaint
that the decedent had been exposed to petitioner's asbestos
products. A divided panel of the Court of Appeals for the District of
Columbia Circuit reversed, however, holding that petitioner's failure to
support its motion with evidence tending to negate such exposure
precluded the entry of summary judgment in its favor. Catrett v.
Johns-Manville Sales Corp., 244 U. S. App. D. C. 160, 756 F. 2d 181
(1985). This view conflicted with that of the Third Circuit in In re
Japanese Electronic Products, 723 F. 2d 238(1983), rev'd on
other grounds sub nom. Matsushita Electric Industrial Co. v.
Zenith Radio Corp., 475 U. S. 574 (1986).[1] We granted certiorari
to resolve the conflict, 474 U. S. 944 (1985), and now reverse the
decision of the District of Columbia Circuit.
43. FROM WESTLAW
*319 Justice REHNQUIST delivered the opinion of the Court.
The United States District Court for the District of Columbia granted
the motion of petitioner Celotex Corporation for summary judgment
against respondent Catrett because the latter was unable to produce
evidence in support of her allegation in her wrongful-death complaint
that the decedent had been exposed to petitioner’s asbestos products.
A divided panel of the Court of Appeals for the District of Columbia
Circuit reversed, however, holding that petitioner’s failure to support its
motion with evidence tending to negate such exposure precluded the
entry of summary judgment in its favor. Catrett v. Johns-Manville
Sales Corp., 244 U.S.App.D.C. 160, 756 F.2d 181 (1985). This view
conflicted with that of the Third Circuit in In re Japanese **2551
Electronic Products, 723 F.2d 238 (1983), rev’d on other grounds
sub nom. Matsushita Electric Industrial Co. v. Zenith Radio
Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).1 We
granted certiorari to resolve the conflict, 474 U.S. 944, 106 S.Ct. 342,
88 L.Ed.2d 285 (1985), and now reverse the decision of the District of
Columbia Circuit.
44. STATISTICAL REPORT FROM DOJ
CITED BY SUPREME COURT
Our review determined that the Immigration and
Naturalization Service (INS) detained 762 aliens as a result
of the PENTTBOM investigation. Of these 762 aliens, 24
were in INS custody on immigration violations prior to the
September 11 attacks. The remaining 738 aliens were
arrested between September 11, 2001, and August 6, 2002,
as a direct result of the FBI’s PENTTBOM investigation. All
762 detainees were placed on what became known as an
“INS Custody List” because of the FBI’s assessment that they
may have had a connection to the September 11 attacks or
terrorism in general, or because the FBI was unable, at least
initially, to determine whether they were connected to
terrorism.
47. Kristen Murray
Associate Professor of Law
Legal Research and Writing
Temple University
Beasley School of Law
48. Survey Participants
• Second-semester 1Ls at Temple University,
Beasley School of Law and George Washington
University Law School
• 177 respondents
• 175 own a laptop
49. Did you bring your laptop to class during
your undergraduate studies?
• Sample responses:
– “everyone else does”
– “a 2L told me to do it” Yes
No
– Need to organize,
search notes
– Need to access other,
class-related material
online during class
53. City of Ontario v.
Quon, No. 08-1332
Maybe--maybe everyone else knows this,
but what is the difference between a pager
and e-mail? 29:18-20
What happens, just out of curiosity, [if he
is] on the pager and sending a message and
they’re trying to reach him for, you know, a
SWAT team crisis? [Does the one] kind of
trump the other, or do they get a busy
signal? 44:1-5
55. A New and Urgent Role
for the Legal Writing
Professorate:
The Impact of Technology on the Law
and the Legal Profession
http://www.slideshare.net/dicthomson