Future Ed

Presented by the Center for Professional Values and Practice & IILP.

New York Law School April 15-16, 2011

Got an idea about the future of U.S. legal education? Think it’s time to go clinical? Or global? Or virtual? Should law be combined with other fields of study at the graduate or undergraduate level?

There is no shortage of commentary about the challenges facing American law schools. Driven by the Carnegie Foundation’s highly critical 2007 report and the dramatic downturn in large firm associate hiring, law school deans and administrators are scrambling to predict the future and position themselves within a rapidly changing market. But what is the likely shape of the future market—or markets—for legal education? What are the most promising models for delivering education and training in those markets? And how do we get there from here?

Future Ed is a year-long contest of ideas for innovation in legal education, focusing on ways to improve quality while reducing cost. Co-hosted by Harvard Law School and New York Law School, the project has brought together educators, lawyers, clients, regulators, and legal entrepreneurs to design and test potential innovations in the law school curriculum, teaching methods, and the use of technology. Thirty proposals were presented at Harvard Law School in October, 2010 and the best will be refined and presented at New York Law School on April 15 and 16. Interested? Questions? Please email futureed@nyls.edu.

For live video of Future Ed 3, please visit our MediaSite webcast.

Co-hosts:

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Program

Friday, April 15

12:00 – 12:30 p.m. Registration and Welcome

12:30 – 1 p.m. There is No “U.S. News” in “Team”

  • Elizabeth Chambliss, New York Law School

1 – 5:45 p.m. Angel Fund Pitches

  • Everyone at the conference gets $1 million in virtual currency and decides whom to back and how much. Results will be announced at the close of the conference on Saturday. The question for each proposal/team is where the big law school team should invest its resources (including faculty and student time). The audience will fill in a paper form to allocate among projects. Each “pitch” gets 7 minutes, plus 3 minutes each to respond to in-group competitors, followed by comments and questions from the audience (10-15 minutes). Below are the groupings and schedule for presentation.

1 p.m. Group 1 (7-7-3-3-10)

  • Predictors for Successful Lawyering: Rethinking Law School Admissions (David Oppenheimer & Kristen Holmquist)
  • Learning Outcomes, Practicing Lawyers, and the Berkeley Effective Lawyering Predictors (Lori Shaw, Henry C. (“Corky”) Strickland, & Howard P. Walthall, Sr.)

1:30 p.m. Group 2 (7-7-7-3-3-3-15)

  • A Transactional Skills Curriculum for a New Century: The Need to Incorporate Practical Business and Transactional Skills Training into the Curricula of America’s Law Schools (Tina L. Stark & Eric C. Chaffee)
  • Anatomy of a Controversy: The Study of a Major Lawsuit from Complaint to Resolution (Dennis Greene)
  • Washington & Lee’s Experiential Third Year: Description and Implementation (James Moliterno)

2:15 p.m. Group 3 (7-7-3-3-10)

  • Training New Lawyers: Post-Graduate Partnerships between Law Schools and The Legal Profession (Rachel Littman & Christine Mooney)
  • “Cradle to Grave” Legal Professional Development (David Wilkins, Scott Westfahl & Cory Way)

2:45 p.m. Break

3 p.m. Group 4 (7-7-7-3-3-3-15)

  • Law Without Walls: Innovating Legal Education and Practice (Michele DeStefano Beardslee & Michael Bossone)
  • Knowledge Management in Legal Practice—Virtual Externship (Tanina Rostain, David R. Johnson & Paul Lippe)
  • Assessing Distance Learning Methods and Success in the Law School Setting (Rebecca Purdom & Larry Farmer)

3:45 p.m. Group 5 (7-7-7-3-3-3-15)

  • Apps for Justice: Learning Law by Creating Software (Ron Staudt & Marc Lauritsen)
  • Standardized Clients and SIMPLE (SIMulated Professional Learning Environment): Learning Professionalism through Simulated Practice (Karen Barton, John Garvey & Paul Maharg)
  • Seriously Gamifying Legal Learning (David R. Johnson & Tanina Rostain)

4:30 p.m. Break

4:45 p.m. Audience Comments and Discussion (60)

  • Moderator: Elizabeth Chambliss, New York Law School

6 p.m. Reception and Dinner (Golden Unicorn, Chinatown)

Saturday, April 16

8 a.m. Continental Breakfast (breakout rooms available)

9 a.m. Investment Forms Due

9 a.m. Cost, Value, and Change – Imagining our Future

  • Richard Matasar, Dean, New York Law School

9:30 a.m. Leveraging Technology

  • Burck Smith, CEO, Straighterline
  • David Thomson, University of Denver, Sturm College of Law
  • Moderator: Barry Currier, Dean Emeritus, Concord Law School

10:30 a.m. Leveraging the Tenured Faculty Role

  • David Yellen, Loyola University Chicago School of Law
  • Richard K. Neumann, Jr., Hofstra University School of Law
  • Moderator: Gary Tamsitt, Australian National University College of Law

11:30 a.m. Break

11:45 a.m. Lessons from Engineering

  • Richard Miller, President, Olin College of Engineering
  • Moderator: Carole Silver, Indiana University Maurer School of Law

12:30 – 2 p.m. Lunch and Keynote: Everything Will Change: Even Law School

  • James H. Shelton III, Assistant Deputy Secretary for Innovation and Improvement, U.S. Department of Education

2 p.m. Announcement of Virtual Investment Winners

2:30 p.m. Conference Close

Proposals

Karen Barton, John Garvey & Paul Maharg

Standardized Clients and SIMPLE (SIMulated Professional Learning Environment): Learning Professionalism through Simulated Practice

Michele DeStefano Beardslee & Michael Bossone

Law Without Walls: Innovating Legal Education and Practice

Dennis Greene

Anatomy of a Controversy: The Study of a Major Lawsuit from Complaint to Resolution

David R. Johnson & Tanina Rostain

Seriously Gamifying Legal Learning

Rachel Littman & Christine Mooney

Training New Lawyers: Post-Graduate Partnerships between Law Schools and The Legal Profession

James Moliterno

Washington & Lee’s Experiential Third Year: Description and Implementation

David Oppenheimer & Kristen Holmquist

Predictors for Successful Lawyering: Rethinking Law School Admissions

Rebecca Purdom & Larry Farmer

Assessing Distance Learning Methods and Success in the Law School Setting

Tanina Rostain, David R. Johnson & Paul Lippe

Knowledge Management in Legal Practice—Virtual Externship

Lori Shaw & Henry C. (“Corky”) Strickland

Learning Outcomes, Practicing Lawyers, and the Berkeley Effective Lawyering Predictors

Tina L. Stark & Eric C. Chaffee

A Transactional Skills Curriculum for a New Century: The Need to Incorporate Practical Business and Transactional Skills Training into the Curricula of America’s Law Schools

Ron Staudt & Marc Lauritsen

Apps for Justice: Learning Law by Creating Software

David Wilkins, Scott Westfahl & Cory Way

“Cradle to Grave” Legal Professional Development

Speakers

Program

Thursday, October 14, 2010 – Pre-Conference Events

12 p.m. – 6 p.m. “Educating the Digital Lawyer” Mini-Conference

Co-Sponsored with the Berkman Center for Internet & Society

5 p.m. – 7 p.m. PLP Roundtable: Law and Development in Brazil

  • Luciana Gross Cunha, FGV Law School, Sao Paulo
  • Fabio de Sa e Silva, IPEA Research Center, Brasilia and Northeastern Univeristy
  • Judith Tendler, Professor of Political Economy, MIT
  • David Trubek, Wisconsin Law School
  • Commentator: Ary Oswaldo Mattos Filho, Dean of FGV Law School, Sao Paulo

Friday, October 15, 2010 – Theory & Context

8 – 9 a.m. Registration & Continental Breakfast

9 – 9:15 a.m. Welcome and Introduction

  • Elizabeth Chambliss, NYLS Center for Professional Values & Practice
  • David Wilkins, Harvard Law School Program on the Legal Profession

9:15 – 10:45 a.m. Global Perspectives on Legal Education

  • Yves Dezelay, Legal Sociologist at French CNRS Research Center
  • Dan Foote, University of Tokyo
  • C. Raj Kumar, Dean of Jindal Global Global Law School, Delhi
  • Ary Oswaldo Mattos Filho, Dean of FGV Law School, Sao Paulo
  • Zhang Qi, Legal Sociologist at Peking University
  • Moderator: William Alford, Harvard Law School

10:45 – 11 a.m. Break

11 – 12:30 p.m. Cross-Professional Comparison

  • Jules Dienstag, Dean of Medical Education, Harvard Medical School
  • Rakesh Khurana, Harvard Business School
  • Chris McKenna, Novak Druce Center for PSFs, Oxford Business School
  • Andrew von Nordenflycht, Simon Fraser University, Vancouver
  • Moderator: Ashish Nanda, Harvard Law School/Program on the Legal Profession

12:45 – 2 p.m. Lunch and Keynote

  • Chris Kenny, CEO, U.K. Legal Services Board

2:15 – 3:45 p.m. The Regulators Weigh In

  • Walter Jones, U.S. Rep. to African Development Bank
  • Gopal Subramanium, Solicitor General and Head of Bar Council of India
  • J. William Wu, Shanghai Bar Association
  • Stephen Zack, American Bar Association President
  • Moderator: Todd Rakoff, Harvard Law School

3:45 – 4 p.m. Break

4 – 5:45 p.m. Globalization, Lawyers and Emerging Economies – A Theoretical Synthesis

  • Luciana Gross Cunha, FGV Law School, Sao Paulo
  • Marc Galanter, Wisconsin Law School
  • Sida Liu, Wisconsin Law School
  • Fabio de Sa a Silva, IPEA Research Center, Brasilia and Northeastern University
  • David Trubek, Wisconsin Law School
  • David Wilkins, Harvard Law School Program on the Legal Profession
  • Moderator: Mark Wu, Harvard Law School

6 – 7 p.m. Reception

7 – 9:30 p.m. Dinner and Keynote

  • Martha Minow, Dean, Harvard Law School

Saturday, October 16, 2010 – Proposals for Reform

7:30 – 8 a.m. Continental Breakfast

8 – 9 a.m. Professional Development Proposals

  • Moderator: William Lee, Co-Managing Partner of WilmerHale

9 – 10 a.m. Technology-Related Proposals

  • Moderator: Mitt Regan, Georgetown Center for Study of the Legal Profession

10 – 10:30 a.m. Break

10:30 – 11:30 a.m. Structural/Regulatory Proposals

  • Moderator: Elizabeth Chambliss, NYLS Center for Professional Values & Practice

11:30 – 12:30 p.m. Public Sphere Proposals

  • Moderator: Erik Ramanathan, Harvard Law Program on the Legal Profession

12:45 – 2 p.m. Lunch and Keynote

  • Laura Stein, General Counsel of Clorox; ACC Value Challenge

2:15 – 4:15 p.m. Thematic Working Group Meetings

4:15 – 4:30 p.m. Break

4:30 – 6 p.m. Working Group Moderator Reports

6 – 6:30 p.m. Concluding Remarks and Future Plans

  • David Wilkins, Harvard Law School Program on the Legal Profession
  • Elizabeth Chambliss, NYLS Center for Professional Values & Practice

Proposals

I. Professional Development Proposals

Birte Gall (Bucerius Law School, Germany)
Internationalization and Post-J.D. Executive Education – The Bucerius Model

Michael Kelly (Former Dean, University of Maryland School of Law)
Teaching Decision-Making in Law Schools: Promotion of Experimentation; Collection, Analysis and Dissemination of Materials; Creation of an Organization to Encourage Decision-Making Pedagogy in Law School Curricula

Lisa Kloppenberg, James Durham, Eric Chaffee, Lori Shaw (University of Dayton School of Law)
A Time of Transition: The Need for Capstone Courses in American Legal Education

Christine Mooney (Villanova University School of Law) and Rachel Littman (Pace Law School)
 Models for Forming Partnerships Between Legal Educators and Legal Practitioners

David Oppenheimer and Kristen Holmquist (University of California Berkeley School of Law)
The “Identification, Development, and Validation of Predictors for Successful Lawyering” Report and its Potential Relevance to Law School Admissions, Legal Education/Pedagogy and Bar/Professional Licensing Exams

Lori Shaw (University of Dayton School of Law); Brannon Denning, Henry (“Corky”) Strickland; Howard Walthall (Samford University Cumberland School of Law)
  Outcome Assessment Rocks!! Shifting from an Input to an Output Approach in Legal Education

Emily Spieler, Susan Maze Rothstein, Martha Davis (Northeastern University School of Law)
Building Professional Collaborations: A Law-Business-Employer Team Model at Northeastern University School of Law

Tina Stark (Emory University School of Law); Eric Chaffee (University of Dayton School of Law)
A Transactional Skills Curriculum for a New Century: The Need to Incorporate Practical Business and Transactional Skills Training into the Curricula of America’s Law Schools

David Wilkins and Cory Way (Harvard Law School)
“Cradle to Grave” Professional Development

II. Technology-Related Proposals

Barbara Bernier (Florida A&M University College of Law)
The Millennium Law School: Building Technology and Innovation into the Legal Education Framework

Barry Currier (Concord Law School of Kaplan University)
“Blended Course” Project – Creating, Developing, Teaching and Evaluating One Basic/Core Law School Course in a Blended Learning Format

Larry Farmer and Vance Everett (Brigham Young University J. Reuben Clark Law School); Matt Gardner & Grace D’Alo (Penn State Dickinson School of Law); Allison Rice & Wayne Miller (Duke Law School); Greg Clinton (North Carolina Central Law School); Will Monroe (Louisiana State University Paul M. Herbert Law Center); Megan Welch (Legal Practitioner); Herve Depow & Ellen Zweibel (University of Ottawa Law School); Bob Seibel (California Western School of Law)
Distance Learning Innovations in Legal Education

John Garvey (University of New Hampshire School of Law) and Paul Maharg (Northumbria University, U.K.)
 Standardized Clients and SIMPLE (SIMulated Professional Learning Environment): Learning Professionalism through Simulated Practice

Oliver Goodenough, Mike McCann, and Rebecca Purdom (Vermont Law School)
Comprehensive Review of Distance Learning Potential

Marc Lauritsen (Capstone Practice Systems); Oliver Goodenough (Vermont Law School); Brian Donnelly (Columbia Law School); Brock Rutter (State of Vermont/Berkman Center); Blair Janis (Wealth Counsel and BYU Law School); David Johnson (New York Law School); John Mayer (Center for Computer-Assisted Legal Instruction); Larry Farmer (BYU Law School); Richard Grant (MyCounsel); Ron Staudt (Chicago-Kent College of Law)
Law Learning by Building Software Applications

Nicholas Spindler (New York Law School ’11); Mariko Gaines (New York Law School ’11); Paul Lippe(Legal OnRamp); Howard Meyers (New York Law School); Tanina Rostain (New York Law School)
Legal OnRamp: Grand Rounds – Proxy Ramp Demonstration Project

David Johnson (Center for Democracy and Technology) and Tanina Rostain (New York Law School)
Law Practice Simulation

III. Structural/Regulatory Proposals

Michele DeStefano Beardslee (University of Miami School of Law)
 Law Without WallsTM: Evloving Legal Education and Practice

William Byrnes (Thomas Jefferson School of Law)
The Future of Legal Education 2.0

William Henderson (Indiana University Maurer School of Law); Jerome Organ (University of St. Thomas School of Law); Patrick Longan (Mercer University School of Law); John Berry (Florida Bar); Clark Cunningham (Georgia State University)
 Are We Making a Difference? Developing Outcome Measures to Evaluate the Effectiveness of Law School Efforts to Teach Ethics and Develop Professionalism

Rick Matasar (New York Law School)
 Proposal for Accelerating Acquisition of a Law Degree

Jim Moliterno (Washington & Lee University School of Law)
Washington & Lee University Law School’s Experiential Third Year Curriculum

Thomas Morgan (George Washington University School of Law)
ABA Accreditation Standards Should be Revised to Prohibit Merit Scholarships in Excess of 10% of a Law School’s Total Expenditures for Financial Aid

Jerome Organ (University of St. Thomas School of Law)
A Proposal to Develop an SEC-Style Disclosure Model to Promote Greater Transparency by Law Schools Regarding Information Relating to “Investment” in Legal Education

Archana Sridhar and Jane Kidner (University of Toronto Faculty of Law)
Global Professional Master of Laws (GPLLM): Specializing in Business Law

IV. Public Sphere Proposals

Nisha Agarwal (New York Lawyers for the Public Interest); Jocelyn Simonson (Bronx Defenders, Inc.);Benjamin Hoffman (Harvard Law School ’11); Toby Merrill (Harvard Law School ’11)
Bridging Theory and Practice in the Education of Future Public Interest Lawyers

Doug Ferguson (University of Western Ontario)
Canadian Clinical Legal Education Conference and Founding Meeting of the Canadian Association for Clinical Legal Education

Dennis Greene (University of Dayton School of Law)
“The Legal Bridges Project”

Innocent Enga Kameni (University of Pretoria)
Partnering Universities and Local Lawyers to Engage in Public Interest Lawyering: The Case of the African Legal Support Facility

Alexa Shabecoff (Harvard Law School) and Earl Phalen (Reach Out and Read)
Public Service Venture Fund

*Only bold names are registered for the conference and will present proposals on behalf of co-authors.

Program

Friday, April 9th

12:00 – 12:15 p.m. Lunch and Welcome

12:15 – 1 p.m. Apocalypse Now? The Future of U.S. Legal Education

  • Bill Henderson, Professor of Law and Harry T. Ice Faculty Fellow, Indiana University Mauer School of Law
  • Paul Lippe, CEO, Legal OnRamp
  • Chester Paul Beach, Associate General Counsel, United Technologies Corporation

1 – 1:15 p.m. Break

1:15 – 2:30 p.m. Top Three Problems with the Current Model

Moderator: Anthony Kearns, National Risk Manager, Legal Practitioners’ Liability Committee; Adjunct Professor, The Maurer School of Law at Indiana University

  • Joseph B. Altonji, Consultant, Hildebrandt Baker Robbins
  • Heather Bock, Chief Professional Development Officer, Howrey LLP
  • Gillian Hadfield, Richard L. and Antoinette S. Kirtland Professor of Law and Professor of Economics, University of Southern California
  • Vielka Holness, Director, John Jay College of Criminal Justice Pre Law Institute
  • Keith C. Wetmore, Chair, Morrison & Foerster

2:30 – 3 p.m. Coffee Break

3 – 4:15 p.m. Possible Alternative Models

Moderator: Milton C. Regan, Professor of Law and Co-Director, Center for the Study of the Legal Profession, Georgetown Law Center

  • Accelerated Program: Lisa Kloppenberg, Dean and Professor of Law, University of Dayton School of Law
  • Distance Ed: Barry Currier, Dean and Professor of Law, Concord Law School
  • Experiential Learning: Robert T. Danforth, Associate Dean for Academic Affairs and Professor of Law, Washington & Lee University School of Law; Emily A. Spieler, Dean and Hadley Professor of Law, Northeastern University School of Law
  • In-Firm Training: James Faulconbridge, Lecturer in Human Geography, Lancaster University

4:15 – 4:30 p.m. Break and E-Registration for Saturday Breakout Sessions

4:30 – 5:30 p.m. New Markets for the U.S. Model

Moderator: Laurel S. Terry, Harvey A. Feldman Distinguished Faculty Scholar and Professor of Law, Penn State Dickinson School of Law

  • Australia: James Hathaway, Dean and William Hearn Chair of Law, Melbourne Law School
  • China: Stephen Yandle, Associate Dean of the Peking University School of Transnational Law
  • Korea: Carole Silver, Visiting Professor of Law; Executive Director, Center for the Study of the Legal Profession, Georgetown University Law Center

5:30 – 6:30 p.m. Reception

 

Saturday, April 10th

9 – 9:30 a.m. Continental Breakfast

9:30 – 9:45 a.m. Goals for Breakout Sessions

9:45 – 11 a.m. Breakout Sessions

  • Distance Ed
  • Big Firm Recruitment and Training
  • The Future of Domestic and International Regulation
  • Nominations from the Field

11 – 11:15 a.m. Coffee Break

11:15 – 12:15 p.m. Feedback Session

Moderator: Elizabeth Chambliss, Professor of Law and Co-Director, Center for Professional Values and Practice, New York Law School

12:15 – 12:30 p.m. Break

12:30 – 2 p.m. Lunch: Lessons from Other Fields

Moderator: Paul Lippe, CEO, Legal OnRamp

  • Anthony Kearns, National Risk Manager, Legal Practitioners’ Liability Committee; Adjunct Professor, The Maurer School of Law at Indiana University
  • Ashish Nanda, Robert Braucher Professor of Practice and Faculty Director of Executive Education, Harvard Law School

2 – 2:30 p.m. Implementation  and Next Steps

Moderator: David B. Wilkins, Lester Kissel Professor of Law and Director, Program on the Legal Profession, Harvard Law School

2:30 p.m. Conference close

Speakers

  • Joseph B. Altonji, Consultant, Hildebrandt Baker Robbins
  • Chester Paul Beach, Associate General Counsel, United Technologies Corporation
  • Heather Bock, Chief Professional Development Officer, Howrey LLP
  • Elizabeth Chambliss, Professor of Law and Co-Director, Center for Professional Values and Practice, New York Law School
  • Barry Currier, President, Kaplan Legal Education & Dean, Concord School of Law of Kaplan University
  • Robert T. Danforth, Associate Dean for Academic Affairs and Professor of Law, Washington and Lee University School of Law
  • James Faulconbridge, Lecturer in Human Geography, Lancaster University
  • Gillian Hadfield, Richard L. and Antoinette S. Kirtland Professor of Law and Professor of Economics, University of Southern California
  • James Hathaway, Dean and William Hearn Chair of Law, Melbourne Law School
  • William D. Henderson, Professor of Law and Harry T. Ice Faculty Fellow, Indiana University Mauer School of Law
  • Vielka Holness, Director, John Jay College of Criminal Justice Pre Law Institute
  • Anthony Kearns, National Risk Manager, Legal Practitioners’ Liability Committee; Adjunct Professor, The Maurer School of Law at Indiana University
  • Lisa Kloppenberg, Dean and Professor of Law, University of Dayton School of Law
  • Paul Lippe, CEO, Legal OnRamp
  • Ashish Nanda, Robert Braucher Professor of Practice; Research Director; Program on the Legal Profession
  • Milton C. Regan, Professor of Law and Co-Director, Center for the Study of the Legal Profession, Georgetown Law Center
  • Carole Silver, Visiting Professor of Law and Executive Director, Center for the Study of the Legal Profession, Georgetown University Law Center
  • Emily A. Spieler, Dean and Hadley Professor of Law, Northeastern University School of Law
  • Laurel S. Terry, Harvey A. Feldman Distinguished Faculty Scholar and Professor of Law, Penn State Dickinson School of Law
  • Keith C. Wetmore, Chair, Morrison & Foerster LLP
  • David B. Wilkins, Lester Kissel Professor of Law and Director, Program on the Legal Profession, Harvard Law School
  • Stephen Yandle, Associate Dean, Peking University School of Transnational Law