Legal Education / Law Libraries / Legal Research
AALS Policy Committee and CLEA Committee for Equity and Inclusion, ‘Clinicians Reflect on Covid-19: Lessons Learned and Looking Beyond’ (2021) 28(1) Clinical Law Review 15–44 Abstract: As a result of the unprecedented COVID-19 pandemic, clinical faculty had to abruptly adapt their clinical teaching and case supervision practices to adjust to the myriad restrictions brought on by the pandemic. This brought specialized challenges for clinicians who uniquely serve as both legal practitioners and law teachers in the law school setting. With little support and guidance, clinicians tackled never before seen difficulties in the uncharted waters of running a clinical law practice during a pandemic. In this report, we review the responses of 220 clinicians to survey questions relating to how law clinics and clinicians were treated by their institutions as they navigated these changes. Were clinical courses treated differently than other courses? Were clinical faculty treated differently than other faculty? Were some clinical courses treated differently than others? Did clinical faculty and staff experience pressure by their institutions to teach in-person or hybrid courses? In addition to summarizing the findings to these questions, this report examines the disparate impact of the COVID-19 pandemic on clinicians and sheds light on some of the distinct challenges they faced. The report concludes with a list of recommended actions that law schools may take to equip themselves to provide appropriate support for clinical faculty during inevitable future emergencies, emphasizing the importance of autonomy and discretion for clinicians; specialized attention for diverse and vulnerable clinicians; and the very serious ethical and legal obligations of clinical law practices.
Abdullah, Aamir, ‘A Novel Response: How Law Libraries Adapted to the Pandemic’ [2021] (August-September) Colorado Lawyer 6–7 Abstract: Law libraries are considered by many to be temples of legal knowledge. Housed within their hallowed halls are volumes of books (statutes, treatises, etc.), and stored within their computers and servers are applications and software providing access to legal research databases, digital books, and so much more. Colorado has just a handful of public, private, and specialized law libraries to support its attorneys across the state. Among the most prominent are the Colorado Supreme Court Law Library, Tenth Circuit Law Library, Westminster Law Library at the University of Denver, William A. Wise Law Library at the University of Colorado, and National Indian Law Library. When the novel coronavirus emerged in March 2020, these libraries had to quickly develop new ways to make legal resources available to attorneys. The pandemic ushered in new modalities of work and human interaction that have changed the way reference support is being provided in law libraries today, and likely for many years to come.
Abiero, Joseph and Helen Amunga, ‘Access to Electronic Information Resources in Law Libraries during Covid-19 Period: The Case of Office of the Director of Public Prosecutions Library, Kenya’ [2024] Alexandria: The Journal of National and International Library and Information Issues (advance article, published online 8 April 2024) Abstract: The study examined the level of access of electronic resources among library users during the outbreak of Covid-19 pandemic. Qualitative and quantitative data were collected. Document review were further used to strengthen the findings of the study. On the use of electronic resources, the findings revealed there was increased use of electronic resources during Covid-19 pandemic, confirming that electronic resources were essential in sustaining library services during the pandemic. The results indicated that effective use of electronic resources requires library users possess skills to use the access equipment such as computers and Internet facilities. The findings further indicated that there is need for the library staff to create awareness of the available resources among library users. At the same time the study revealed that some of the challenges to the use of electronic resources were lack of computers, poor Internet connectivity and inadequate search skills which was linked to lack of elaborate training.
Abu, Bakar Qudri Ali, ‘Management of a Law Library in Malaysia’ (2022) 30(1) Australian Law Librarian 29–33 Abstract: This article is written based on the actual working environment of a law firm in Malaysia. The author expresses the differences in law library practices compared with higher education libraries, relating to administration, library collection, and staff competencies. This article also helps graduates gain insight into a law firm library in Malaysia and its working environment. Additional discussion is included on how law firm libraries have managed their collections and users during the COVID-19 pandemic.
Acharya, Nayha, ‘How Covid-19 Rekindled the Spirit of Teaching’ (2020) 25(4) Lex Electronica 30–35 Abstract: The abrupt end to our classes in the middle of March 2020 due to the Covid-19 situation reignited in me the real sense of what it means to be a teacher. It brought me out of the superficial notion, where being a law professor just means being someone who has students who will listen to me talk about the law, and into the deeper sense - that being a teacher involves a very special human relationship. This transition arose in me, I believe, because the Covid-19 situation forced me to slow down and sit still for a while, and that moved me from a place of superficial busy-ness to grounded authenticity in all aspects of my life including teaching.
Addadzi-Koom, Maame Efua, ‘A Survey on E-Learning Experiences of Law Students during Covid-19 in Ghana’ (2022) The Law Teacher (Advance article, published online 13 June 2022) Abstract: As a result of the Covid-19 pandemic, e-learning is no longer a choice but a need. In Ghana, the Covid-19 induced e-learning continues to form an integral part of higher education in most universities. Focusing on law students’ perspectives on e-learning in Ghana, this study used online survey data from 204 respondents at the Kwame Nkrumah University of Science and Technology (KNUST), Faculty of Law. Descriptive statistics were used to analyse quantitative data while thematic analysis was used to analyse qualitative data. The findings revealed, among other things, that although most law students enjoyed e-learning, they preferred blended learning to cater for the shortcomings of the former. The study argues that blended learning is a viable option for legal education in Ghana. As the first study on law students’ experiences of e-learning in Ghana during the pandemic, the study is timely and significant. The recommendations that follow from the study could be beneficial to legal education managers in Ghana and Africa.
Adewumi, Afolasade A and Oluyomi Susan Pitan, ‘Nigerian Law Students’ Perception of Online Teaching: Appraisal of COVID-19-Imposed Online Classes’ [2021] Asian Journal of Legal Education (advance article, published online 4 December 2021) Abstract: The Council of Legal Education, which is the regulatory body for the legal profession in Nigeria, has made it clear over the years that the training of lawyers cannot be adequately carried out through correspondence or distance learning, which can be interpreted as online learning or remote learning. As a response to the COVID-19 pandemic lockdown, various online teaching and learning methods were adopted by educational institutions all over the world, to ensure the continuity of the learning process, truncated by the pandemic. This study, carried out through a multidisciplinary approach, is an assessment of the perception of students on the level of effectiveness of COVID-19-imposed online teaching and learning, especially, in comparison with the traditional classroom setting among legal education students in Nigeria. From the study, it was observed that students perceived the online learning method to be more effective than the traditional face-to-face method of delivery but were less focused during the online classes as compared to physical classes. Furthermore, many of the students opined that online classes should be discontinued after the lockdown. Despite students’ distractions during online learning, there is a need to recognize that online learning is a panacea for the crisis at hand (the COVID-19 pandemic), and for as long as it lasts, there may not be a complete return to the physical classroom setting. The study suggests ways of minimizing the challenges that students who do not find online learning effective face with its use, while also calling on the Council of Legal Education to revisit its stance towards the adoption of online learning as a suitable teaching method to be incorporated into legal education.
Aidonojie, Paul Atagamen and Odojor Oyenmwosa Anne, ‘Impact and Relevance of Modern Technological Legal Educational Facilities amidst the Covid-19 Pandemic: A Case Study of Law Students of Edo University Iyamho’ (2021) 5(4) KIU Journal of Humanities 7–19 Jurisdiction: Nigeria
Abstract: The study investigates the impact and relevance of modern technological educational facilities/resources amidst the Covid-19 pandemic, using Edo University Iyamho undergraduate law students as a case study. We administered 65 online structured questionnaires to law students of Edo University Iyamho. We used a descriptive and analytical method for analyzing data generated from the questionnaire. The study found that Edo University Iyamho is well equipped with ICT educational facilities/resources in the training of law undergraduate students, and it has been very viable in conducting e-learning/research amidst the Covid-19 pandemic. The study also found that poor network and epileptic power supply are some significant challenges often encountered in utilising modern technological educational facilities/resources. Given this, it was concluded and recommended that Nigeria Government should invest more on electricity to ensure steady power supply, and internet network providers should ensure effective and efficient network.
Allen, Renee Nicole et al, ‘Recommendations for Online Teaching’ (St. John’s Legal Studies Research Paper No 20–0012, 22 July 2020) Abstract: This is a collection of recommendations drawn from a variety of sources, including our colleagues, students, webinars, books, articles, podcasts, and our own experimentation. It is not our expectation that any individual professor would adopt all of these suggestions and indeed no one of us intends to. Instead, we hope that some of these are helpful to you. Some suggestions deal with the nuts and bolts of teaching online while others with how to accomplish broader goals.The general recommendations are broadly applicable to all courses taught online, while the individual class-type recommendations are intended to complement and augment the general recommendations. Additionally, these recommendations will be revised as we continue to learn from our experiences in online instruction.
Alshdaifat, Shadi A and Niloufar Hassanzadeh, ‘Teaching International Law in the Time of COVID-19: A View from the Experience and Beyond’ (2023) Asian Journal of Legal Education (advance article, published online 20 June 2023) Abstract: In the context of the COVID-19 pandemic, the opportunity has arisen to reconsider educational concepts in general and the teaching of international law in particular. International Law professors have been required to participate in mandatory online learning and teaching during the pandemic. The students of today are self-organized learners and active observers who are able to cope with new situations. In the future, is it possible to combine online and in-person teaching? This article aims to describe our experience teaching international law using technologies in a theoretical setting. With current circumstances in mind, it is necessary to consider ways to seamlessly integrate physical and digital methods and tools. The result is a more active, flexible, and meaningful learning experience. To this end, we borrow Pope Francis’ words: ‘Peggio di questa crisi c’è solo il dramma di sprecarla’—the only thing worse than this is the misfortune of wasting it, in the sense of failing to learn from it.
Amalia, Mia, ‘Challenges and Efforts Of Legal Education in the Pandemic Time in Improving the Role of Education Through Merdeka Belajar Kampus Merdeka’ (Proceedings International Conference on Education of Suryakancana, 2021, 2021) 124-129Jurisdiction: Indonesia
Abstract: The Covid-19 pandemic has given an idea of the continuity of the world of education in the future through technology assistance. However, technology still cannot replace the role of teachers, lecturers, and learning interactions between students and teachers because education is not only about acquiring knowledge but also about values, cooperation, and competence. In this case there are several problems, namely what challenges occurred in legal education during the pandemic, as well as what efforts were made to overcome the challenges faced by legal education during the pandemic in increasing the role of education. The research method was an empirical legal research method, a research method that functions to see the law in a real sense and to examine how the law works in society. So that this pandemic situation becomes another challenge for the creativity of each individual in using technology to develop the world of education, especially law, an innovation is being carried out which is currently being developed by the Faculty of Law, Suryakancana University to implement policies in the field of education to be able to adjust in carrying out the learning process. This adjustment is realized through the policy of Merdeka Belajar-Kampus Merdeka (MB-KM), in which students are given the opportunity to gain a wider learning experience and new competencies through several learning activities outside their study program.
Amarh, Gertrude Amorkor, ‘Assessing the Impact of Covid-19 on Teaching and Research: A Ghanaian Perspective’ [2022] International Journal of Constitutional Law (advance article moac065) Abstract: The Covid-19 pandemic in diverse ways affected the traditional modes of instruction and learning at all levels of education. Prominent among the innovations necessitated by the pandemic was the increased use of virtual methods of teaching and learning. For many learners and instructors in parts of the world, however, expensive internet data costs, lack of digital learning tools, and similar other challenges meant that the benefits of virtual teaching and learning could not be fully reaped. This article recounts my experiences of the pandemic as a Ghanaian early career researcher. It shares the experiences of law students in my University, obtained through administered questionnaires. The article also analyses how these experiences unearthed deep socio-economic inequalities among learners and lecturers alike, and how these inequalities impacted effective teaching and learning during the pandemic. Although these disparities had long existed, the conditions created by the pandemic only made them more glaring. While analyzing the institutional support received from my University, the article makes a case for the active involvement of all stakeholders in bridging the divide.
Amirnuddin, Puteri Sofia, ‘Personalizing Virtual Learning for Law Students through Interactive Video Branching in a Post Pandemic World’ (Paper, International University Carnival on E-Learning (IUCEL) 2022, Innovating Education for A Better Tomorrow, Universiti Putra Malaysia, 28-30 June 2022) 559-563 Abstract: As Malaysia is entering into an endemic phase, the university students are also transitioning from online mode of learning into hybrid mode of learning. The students will continue experiencing lectures in an online platform, with in-person tutorial sessions on campus. Given the fact that the students are allowed to return to campus, hence the mode of assessment has been reverted from online open-book examinations to invigilated closed-book final examinations on campus. However, there are two concerns raised namely 1) lecturers feeling concern that there will be high failure rate that law students will not be able to perform without access to external resources during the examinations and 2) law students having lack of confidence to sit for the invigilated timed closed-book final examinations after experiencing online open-book examination for the past 2 years. Hence the objective of this research is to personalize virtual learning for the law students through interactive video branching. Video branching integrates the concept of ‘nugget learning’ where each learning outcome is delivered in a 5-minute pre-recorded video. It creates a roadmap where students are required to watch video-by-video and attempt a mini assessment at the end of each video. Students who have correctly answered the mini assessment will unlock the subsequent video and the process is repeated until the completion of all ‘nugget’ videos. Students who failed the mini assessment will be required to re-watch the video for the assessment that they have failed. This research used an online survey (accessed via Google Form link) on 60 law students at a university in Malaysia. The sample size comprised Year 2 Semester 3 students who are experiencing learning via video branching for LAW61504 Land Law I module. This research found that video branching techniques reinforces students’ understanding especially for difficult topics. The students also felt that video branching deepens their understanding and they are able to sustain their attention throughout each ‘nugget’ video. Overall, the students felt that the video branching techniques promoted higher engagement as compared to the conventional passive lectures.
Angelos, Claudia et al, ‘The Bar Exam and the COVID-19 Pandemic: The Need for Immediate Action’ (Ohio State Public Law Working Paper No 537, 22 March 2020) Abstract: The novel coronavirus COVID-19 has profoundly disrupted life in the United States. Among other challenges, jurisdictions are unlikely to be able to administer the July 2020 bar exam in the usual manner. It is essential, however, to continue licensing new lawyers. Those lawyers are necessary to meet current needs in the legal system. Equally important, the demand for legal services will skyrocket during and after this pandemic. We cannot close doors to the profession at a time when client demand will reach an all-time high. In this brief policy paper, we outline six licensing options for jurisdictions to consider for the Class of 2020. Circumstances will vary from jurisdiction to jurisdiction, but we hope that these options will help courts and regulators make this complex decision. These are unprecedented times: We must work together to ensure we do not leave the talented members of Class of 2020 on the sidelines when we need every qualified professional on the field to keep our justice system moving.
Antoniou, Nicola et al, ‘Royal Holloway, University of London and the Afghanistan and Central Asian Association: New Partnerships and Challenges During COVID-19 in the Clinical Legal World’ (2020) 27(4) International Journal of Clinical Legal Education 155–178 Abstract: In January 2020, Royal Holloway, University of London set up a new Legal Advice Centre offering free legal advice to the local community, including building upon key partnerships to address unmet legal needs. This practice-paper discusses Royal Holloway’s Legal Advice Centre (LAC) and the Afghanistan and Central Asian Association’s (ACCA) collaborative approach and response to the global pandemic since March 2020. It will highlight the unprecedented challenges that they have faced, and their efforts to overcome them. In addition, the paper will discuss their research project, which provides Royal Holloway’s student volunteers with the opportunity to gain unique multidisciplinary understandings of the effect of the pandemic in Afghanistan, and a chance to put their legal skills into practice by producing legal information to support local users of both Royal Holloway’s LAC and the Law Clinic at the ACAA.This practice-paper includes a road map to Royal Holloway’s long-term goal, namely, to work with ACAA to research the legal vulnerabilities of women in Afghanistan, with the aid of a research grant supporting international collaboration. Recent reports highlight that lockdown and quarantine measures will have a long-term impact on the basic rights and freedoms of Afghan women, who already face hardship.
Ash, Olivia and Peter Huang, ‘Loneliness in COVID-19, Life, and Law’ (2022) 32(1) Health Matrix: The Journal of Law-Medicine 55–148 Abstract: This Article analyzes loneliness in the COVID-19 pandemic, life, and the legal profession, especially in legal education. This Article examines: (1) loneliness: what it is, who is lonely, how loneliness affects an individual, and recent evidence about experiences of loneliness in the COVID-19 pandemic; (2) personal, organizational, and societal costs of loneliness; (3) current research about well-being and loneliness in the legal profession and legal education; (4) results from the first loneliness survey of law students; and (5) three evidence-based interventions to mitigate loneliness: mindfulness, talk therapy (cognitive behavioral therapy), and inclusion.
Ashford, Chris, ‘Law Teaching and the Coronavirus Pandemic’ (2020) 54(2) The Law Teacher 167–168 Abstract: Outlines how law teaching has been affected by the coronavirus pandemic, highlighting key legal social media hubs and online resources.
Aucejo, Esteban et al, ‘The Impact of COVID-19 on Student Experiences and Expectations: Evidence from a Survey’ (NBER Working Paper No w27392, Social Science Research Network, 2020) Abstract: In order to understand the impact of the COVID-19 pandemic on higher education, we surveyed approximately 1,500 students at one of the largest public institutions in the United States using an instrument designed to recover the causal impact of the pandemic on students’ current and expected outcomes. Results show large negative effects across many dimensions. Due to COVID-19: 13% of students have delayed graduation, 40% lost a job, internship, or a job offer, and 29% expect to earn less at age 35. Moreover, these effects have been highly heterogeneous. One quarter of students increased their study time by more than 4 hours per week due to COVID-19, while another quarter decreased their study time by more than 5 hours per week. This heterogeneity often followed existing socioeconomic divides; lower-income students are 55% more likely to have delayed graduation due to COVID-19 than their higher-income peers. Finally, we show that the economic and health related shocks induced by COVID-19 vary systematically by socioeconomic factors and constitute key mediators in explaining the large (and heterogeneous) effects of the pandemic.
Bancroft, Kate, ‘Domestic Violence Legislation, Virtual Legal Methods and Researching One Female Teacher’s Lived Experiences of Recovery from Intimate Partner Violence During the COVID-19 Global Pandemic’ (2021) 1(1) Journal of Legal Research Methodology 84–109 Abstract: Throughout the coronavirus pandemic, the value of online qualitative research methodologies are increasingly being recognised within violence/abuse and legal research, but few academic papers explore the process of undertaking research wholly online which explores the intersect of both legal research methods and the exploration of the lived experiences of domestic abuse victims. For the potential of legal and domestic scholarly work to be fully recognised within academic publications and teaching, appropriate consideration of methodological issues surrounding qualitative online research methodologies is needed. This paper reflects on the experiences of one domestic abuse researcher undertaking online research during the UK’s national COVID19 lockdown when government legislation meant most socio-legal academics were restricted to conducting all research from their homes. This paper highlights the process where choosing the data collection online method (Microsoft Teams) was carefully considered to provide rich data insights that would help explore the research question under investigation. Online Microsoft Teams interviews were a successful method of undertaking scholarship examining one victims’ experience and its interconnectedness with the law. This was since they provided an in-depth understanding of the topic undertaken in a deeply private setting where a lack of face-to-face interaction seemed to enhance the richness of the data shared. The paper includes a total of five reflections are offered to help future researchers considering, and undertaking, online interviews within the field of domestic violence and legal research.
Barnett, Katy, ‘Impact of COVID-19 on Academia’ (2020) 94(11) Australian Law Journal 811–813 Abstract: It is, frankly, a difficult time to be a legal academic. Of course, I am writing from Melbourne, which has been particularly hard-hit by lockdown. But I think the effects of COVID-19 upon academia can be summarised as follows. First, there is a biting and persistent insecurity about what is going to happen to our jobs, and to our institutions more generally. Second, teaching has changed radically. Third, research has become very much second fiddle to staying afloat in the receding COVID-19 tide, as we keep our teaching going. Fourth, the amount of administration has expanded exponentially.
Barros, D Benjamin and Cameron M Morrissey, ‘A Survey of Law School Deans on the Impact of the Covid-19 Pandemic’ (2021) 52(2) University of Toledo Law Review 241–259 Abstract: We conducted an anonymous survey of deans at ABA-accredited law schools asking questions about the impact of the COVID-19 pandemic on legal education and on law school students, faculty, and staff. Invitations to participate in the survey were distributed through a listserv maintained by the ABA. The first invitation was sent out on November 20, 2020 and the last response was received on December 18, 2020. The survey was comprised of 56 questions, including six optional, extended response prompts. We received 51 total responses, representing a bit more than 25% of the 199 deans of ABA-accredited law schools.1 Not all respondents completed all of the questions, but we received responses for all of the questions on the survey from at least 20% of the 199 deans of ABA-Accredited law schools.
Our key findings include the following:
1) Deans overall have moderate concern over the impact of the COVID-19 pandemic on their students’ education, with some reporting high concern and some reporting no concern.
2) Most deans did not feel political pressure to maintain in-person classes during the pandemic. A small number of deans at public institutions, however, did feel substantial political pressure to maintain in-person classes.
3) Most law schools had relatively low rates of COVID-19 infections among students, faculty, and staff.
4) J.D. enrollment at most law schools increased at most law schools during the pandemic. Enrollment by non-J.D. students and international students tended to go down. Overall enrollment at parent universities also tended to go down.
5) The COVID-19 pandemic had a negative impact on: a) the finances of many, but not all, law schools; b) the emotional wellbeing of law school students, faculty, and staff; c) the stress level of law school deans.
The first four questions of the survey collected information on the state in which the school was located, the total J.D. student count, the total non-J.D. student count, and whether the school was part of a university. We have not published the responses to these questions to preserve respondent anonymity. Question 5 asked whether the law school was public or private. The respondents were split almost evenly, with 25 responding that their law school was public and 26 responding that their law school was public. Question 6 asked whether the law school was religiously affiliated. 10 respondents indicated that their school was religious and 41 indicated that their school was non-religious, indicating an approximately 20%/80% split in responses between religious and secular institutions.
Baum, Ido, Jarosław Bełdowski and Łukasz Dąbroś, ‘Remote Teaching and Remote Exams Due to COVID-19: Some Evidence from Teaching Law and Economics’ in Klaus Mathis and Avishalom Tor (eds), Law and Economics of the Coronavirus Crisis (Springer, 2022) 237–247Our key findings include the following:
1) Deans overall have moderate concern over the impact of the COVID-19 pandemic on their students’ education, with some reporting high concern and some reporting no concern.
2) Most deans did not feel political pressure to maintain in-person classes during the pandemic. A small number of deans at public institutions, however, did feel substantial political pressure to maintain in-person classes.
3) Most law schools had relatively low rates of COVID-19 infections among students, faculty, and staff.
4) J.D. enrollment at most law schools increased at most law schools during the pandemic. Enrollment by non-J.D. students and international students tended to go down. Overall enrollment at parent universities also tended to go down.
5) The COVID-19 pandemic had a negative impact on: a) the finances of many, but not all, law schools; b) the emotional wellbeing of law school students, faculty, and staff; c) the stress level of law school deans.
The first four questions of the survey collected information on the state in which the school was located, the total J.D. student count, the total non-J.D. student count, and whether the school was part of a university. We have not published the responses to these questions to preserve respondent anonymity. Question 5 asked whether the law school was public or private. The respondents were split almost evenly, with 25 responding that their law school was public and 26 responding that their law school was public. Question 6 asked whether the law school was religiously affiliated. 10 respondents indicated that their school was religious and 41 indicated that their school was non-religious, indicating an approximately 20%/80% split in responses between religious and secular institutions.
Abstract: The COVID-19 pandemic imposed an immediate and sweeping transformation on higher education all over the world. The vast majority of higher education institutions in advanced economies shifted from traditional classroom-based teaching and learning to remote teaching via internet platforms, especially in the humanities and social sciences. Social distancing necessitated substituting methods of remote evaluation for classroom exams. We used a dataset of grades from the European Master in Law & Economics programme provided by the consortium of EU and non-EU universities to evaluate the implications of the shift to remote teaching and remote examinations. Consistent with the existing literature, we did not find that shifting to remote teaching and exams had a significant adverse effect on student achievement. However, our findings suggest that weaker students are adversely affected by remote teaching. Put differently, remote teaching increases inequality in higher education outputs.
Becker, Ted, ‘What Will (Or Might?) Law School Look Like This Fall?: Teaching in the Midst of a Pandemic’ (2020) 99(8) Michigan Bar Journal 44–45 Abstract: January 2020 marked the start of a new semester for Michigan law schools. There was little reason to suspect it wouldn’t be a semester like any other: for 3Ls, the start of the stretch run to graduation; for 1Ls, a chance to begin anew after the stress of their first set of law school final exams; for law school faculty, administrators, and staff, a return to the excitement and activity of crowded hallways and classrooms after the brief interlude of winter break. Classes began and proceeded as normal.
Benfer, Emily A et al, ‘Setting the Health Justice Agenda: Addressing Health Inequity & Injustice in the Post-Pandemic Clinic’ (2021) 28(1) Clinical Law Review 45–84 Abstract: The COVID-19 pandemic surfaced and deepened entrenched pre-existing health injustice in the United States. Racialized, marginalized, poor, and hyper-exploited populations suffered disproportionately negative outcomes due to the pandemic. The structures that generate and sustain health inequity in the United States-including in access to justice, housing, health care, employment, and education-have produced predictably disparate results. The authors, law school clinicians and professors involved with medical-legal partnerships, discuss the lessons learned by employing a health justice framework in teaching students to address issues of health inequity during the pandemic. The goal of health justice is to eliminate health disparities that are linked to structural causes like subordination, discrimination, and poverty. This Article suggests six maxims for law school clinics to advance health justice, centering on themes of transdisciplinary collaboration, upstream interventions, adaptability, racial justice, systemic advocacy, and community-based strategies. The discussion draws on analyses of the scholarly literature on medical-legal partnerships and examples from the authors’ clinics. These maxims for health justice are particularly relevant during a global public health emergency, but they also transcend the current moment by contributing to the long-running cross-clinic dialogue about teaching and designing clinics for social justice.
Blake, Meredith et al, ‘Student and Staff Experiences of Online Learning: Lessons from COVID-19 in an Australian Law School’ (2022) 32(1) Legal Education Review 129–159 Abstract: This article explores the experiences of UWA Law School students and staff of the fully online learning and teaching environment introduced in response to the COVID-19 pandemic. It commences with a literature review which identifies several key themes in relation to the emergency remote teaching (ERT) response effected by universities across the globe. It then sets out the results of surveys of Juris Doctor students and teaching staff on their experiences of pre-COVID education in semester 2 of 2019, during the period of ERT in semester one 2020, and in semester 2 of 2020 when classes and assessment had resumed largely face-to-face. The overarching aim of this study was to gather information and data to help guide and inform the development of future learning and teaching strategy at UWA Law School. The survey responses indicate a clear correlation between rates of student and staff satisfaction and the nature of the learning and teaching environment. The authors draw on the theory of connectivism in their analysis of the survey, concluding that the key message is that there is an ongoing need for flexibility and adaptability in the learning and teaching of law, particularly with assessments.
Bloshchynskyi, Ihor, ‘Peculiarities of Distance Learning Platforms Usage in Law Enforcement Educational Institutions during the Covid-19 Pandemic’ (2022) 13(2) Postmodern Openings 514–527 Abstract: The article reviews the peculiarities of distance learning platforms usage in law enforcement educational institutions during the Covid-19 pandemic. Distance learning at U.S. Federal Law Enforcement Training Center, which is based on the Online Campus have been substantiated. Particular attention is paid to topical issues of training on such online training mod-ules of the Campus: crime scene, driving training, drugs, firearms, health, interviews, investigation, law, topography, maritime training, personal security, technical means, terrorism, stopping vehicles, etc. There are also programs to study the courses ‘Small Arms’ and ‘Use of Force’ in the online training modules of the Campus. The specifics of professional training of border guards in Asian countries have been revealed: the use of platforms of law enforcement agencies; focus of training on the development of basic competencies and the ability to solve problem situations; the opportunity to take online courses for all categories of staff at a convenient time; creation of a three-level round-the-clock system of functioning of training of specialists. Peculiarities of professional training of border guards of European countries have been outlined considering the usage of both the platforms of institutions and joint platforms of international organizations, namely: web platform Virtual Aula of Agency FRONTEX; CEPOL DL (e-Net) web platform; European Coast Guard Training (ECGTP) platforms; ILIAS EU Mission EUBAM; Connect & Learn UNHCR; UNODC and others. Special attention is paid to the capabilities of the Virtual Aula web platform for training teachers, instructors, external experts, etc. Web platform Virtual Aula of Agency FRONTEX presents up-to-date information on educational programs conducted in Europe. Characteristics of distance learning platforms usage in higher law enforcement educational institutions in Ukraine have been presented. Distance learning course of the English language for border guards have been developed and implemented. Considerable attention is also paid to the disclosure of online assessment of knowledge: the test of self-control on the topics, modules, and procedure of final assessment.
Bolton, Paul and Susan Hubble, ‘Coronavirus: Easing Lockdown Restrictions in FE and HE in England’ (House of Commons Library Briefing Paper No 8932, 2 July 2020) Abstract: This House of Commons briefing paper discusses the impact of easing lockdown restriction on the FE and HE sectors in England. The paper outlines issues such as: re-opening campuses, prospective students numbers in 2020/21, temporary students numbers controls and delivery of courses in 2020/21. It also highlights issues such as the impact on graduate employability and the lack of catch up funding for FE colleges.
Bolton, Paul and Susan Hubble, ‘Coronavirus: Implications for the Higher and Further Education Sectors in England’ (House of Commons Library Briefing Paper No 8893, 17 April 2020) Abstract: This House of Commons library briefing paper gives a brief overview of the possible impact of the coronavirus pandemic on the further and higher education sectors on England. It outlines the implications for funding and recruitment of students and sets out issues of concern to students.
Bonnin, Sarah R and Luz E Herrara, ‘From Pandemic to Pedagogy: Teaching the Technology of Lawyering in Law Clinics’ (2022) 68(1) Washington University Journal of Law and Policy 109–139 Abstract: The COVID-19 pandemic has transformed the nation’s approach to work and learning. Law schools, law firms, courts, and administrative agencies abruptly closed their offices and quickly reimagined how to perform their daily functions remotely. Many of these institutions have plans to maintain aspects of remote operations and services post-pandemic. With this in mind, the authors of this Article conducted a survey of law school clinical faculty during the winter of 2021 to better understand how clinicians pivoted their instruction and practice using technology during the pandemic. The authors use the survey results to show how the COVID-19 experience positions clinical programs to be leaders in answering the growing calls to incorporate technical competency into legal education. The authors draw on the experiences of clinicians during the pandemic to demonstrate how law practice technology can be deliberately and thoughtfully integrated into existing clinical pedagogy and practice. The Article concludes by urging clinicians to build on the current momentum to embrace what they call ‘the technology of lawyering’ as an indispensable component of clinical education.
Boonin, Sarah and Luz E Herrera, ‘From Pandemic to Pedagogy: Teaching the Technology of Lawyering in Law Clinics’ (2022) 68 Washington University Journal of Law & Policy (forthcoming) Abstract: The COVID-19 pandemic has transformed the nation’s approach to work and learning. Law schools, law firms, courts, and administrative agencies abruptly closed their offices and quickly reimagined how to perform their daily functions remotely. Many of these institutions have plans to maintain aspects of remote operations and services post-pandemic. With this in mind, the authors of this Article conducted a survey of law school clinical faculty during the winter of 2021 to better understand how clinicians pivoted their instruction and practice using technology during the pandemic. The authors use the survey results to show how the COVID-19 experience positions clinical programs to be leaders in answering the growing calls to incorporate technical competency into legal education. The authors draw on the experiences of clinicians during the pandemic to demonstrate how law practice technology can be deliberately and thoughtfully integrated into existing clinical pedagogy and practice. The Article concludes by urging clinicians to build on the current momentum to embrace what they call ‘the technology of lawyering’ as an indispensable component of clinical education.
Booth, Ross, ‘Academics and Pandemics: A Student’s Perspective during the Lockdown’ (2020) 20(5) Without Prejudice 11–12 Abstract: For many people (including myself), the 1st of January 2020 felt like a day that couldn’t come sooner. 2019 had been an especially difficult study year, with the leap from first to second year comparable to an Olympic long jump. However, what I didn’t anticipate is that 2020 would spiral into disaster, almost from the get-go.
Buhler, Sarah, ‘Law Schools, Clinical Legal Education, and the Pandemic Portal’ (2020) 25(4) Lex Electronica 204–210 Abstract: In an article published on April 3rd, 2020, writer and activist Arundhati Roy argues that the Covid-19 pandemic has created a ‘rupture’ – a break between the past and the future. Roy explains that although many of us long for a return to ‘normal’, past pandemics teach us that our world will be forever altered – that we will never go back to how things were. Besides, Roy argues, ‘[n]othing could be worse than a return to normality.’ This is because the pandemic has exposed the deep injustices of our former world, like a ‘chemical experiment that suddenly illuminated hidden things.’ Roy writes that instead of fighting to return to the way things were, we have a chance now to imagine and build the world we want to see on the other side – a chance to ‘rethink the doomsday machine we have built for ourselves’. In this way, she says, the pandemic is a ‘a portal, a gateway between one world and the next.’ It is up to us to choose how we walk through it to the other side, what we want to leave behind and what we want to take with us. In this essay, I argue that law schools should hang on to clinical legal education as they walk through the pandemic portal. I will focus on three main reasons why we need clinical legal education in this time. First, in the age of Zoom and online learning, clinics remind us that law must centrally concern itself with living, breathing human beings. Second, clinics have local and deep expertise about what Roy calls the ‘doomsday machine’ and law’s complicity with it: in other words, clinics have important knowledge about the relationship between law and injustice. Finally, clinical legal education is a vital site to imagine and build legal practice for a more just world after the pandemic.
Burdon, Peter D, ‘“Never Let a Crisis Go to Waste”: The Impact of COVID-19 on Legal Education’ (2022) 8 Canadian Journal of Comparative and Contemporary Law 1–37 Abstract: The COVID-19 pandemic represents the most significant rupture to universities since the advent of neoliberalism. In Australia, the economic shock was brought about primarily by a drop in international student fees, border closures, plus efforts from the Federal government to keep public universities from accessing financial support. In this article, I discuss the impacts of COVID-19 on legal education. What concerns me is the rhetoric under which massive structural changes have been justified in response to the pandemic. Most commonly, university leaders have sought to externalise the problem and adopt the language of unforeseeability, emergency and necessity. Changes to learning and teaching have also been described as an ‘opportunity’ to re-examine outdated pedagogical practices and forms of assessment. While not denying the unprecedented nature of the pandemic, this article argues that current changes in higher education are not a break from the past but a continuation of the neoliberal project.
Burdon, Peter and Paul Babie, ‘COVID-19 and the Adelaide Law School, Australia’ (2020) 10(2) Journal of Security, Intelligence, and Resilience Education [unpaginated] Abstract: In this short article, we examine how the University of Adelaide’s Law School responded in its approach to teaching during the challenges of COVID-19, the opportunities revealed, and the immediate and longer-term implications of such responses.
Caputo, Marni and Kathleen Luz, ‘A Book Club With No Books: Using Podcasts, Movies, and Documentaries to Increase Transfer of Learning, Incorporate Social Justice Themes, Create Community, and Bolster Traditional and Character-Based Legal Skills During a Pandemic’ (2022) 20(3) Seattle Journal for Social Justice 635–694 Abstract: In the fall of 2020, students entered law school under extreme circumstances. The COVID-19 pandemic led to isolation, depression, and restrictions on activities. A new hybrid learning environment was created. Social upheaval also caused unease. The 2020 national elections loomed, bringing divisive political discourse. The murder of George Floyd and other BIPOC, at the hands of police, led to a reckoning around the country. Additionally, with the COVID-19 pandemic came a rash of anti-Asian violence. Faced with these unprecedented realities, we, as legal educators, struggled with how to adapt our curriculum to this new normal. These realities forced us to re-examine how we taught. We considered how to instruct on basic legal skills with the ultimate goal of ensuring that students would be able to transfer these skills to real life practice. Further, we sought to create a community during these isolated times and give students an outlet to explore social justice issues in a meaningful way. As a result, the ‘Book Club with No Books’ was formed. The Club used various forms of media—including a podcast, a documentary, and a movie—to engage students outside of our 1L Lawyering Skills classrooms. Consistent with established learning principles, the Club utilized engaging stories in an effort to deepen, or scaffold, long term memories. It also helped to build community and reduce stress, and injected themes of systemic and racial inequities into the 1L curriculum. We ultimately sought to improve student learning and enhance the ‘holy grail’ of skills teaching—transfer of learning. We offer this blueprint to other law professors who wish to accomplish similar goals. Part I of the article explores the specifics of the Club, including a description of the different media we used, the issues we explored during our meetings, the structure and logistics of the meetings, and the goals we sought to achieve. Part II discusses established learning principles and how we sought to enhance transfer through our choice of material, creation of a small group setting, and particular discussion questions. Part III discusses how the Club injected social justice themes into the 1L curriculum and why doing so is critical per the ABA’s recent proposal that law schools add training in anti-racism into their curricula,1 student desires, and the ideal mission of a 1L skills classroom. Part IV reflects on the success of the Club, including student feedback and potential modifications based on that feedback. Finally, the article details our proposal to expand the Club into a pass/fail elective class for all 1L students at Boston University School of Law.
Carr, Nanci K, ‘Business Continuity in Light of the Coronavirus Disruption: Group Exercise’ (2020) 3(1) Journal of Business Law and Ethics Pedagogy unpaginated Abstract: The coronavirus and variants continue to sweep the world, adversely affecting individuals, schools and businesses. As the pandemic began, global communities were plagued by a lack of supplies, canceled travel and events, and an almost instantaneous economic decline. While we may typically teach disruption in the context of new technologies, the disruption caused by the coronavirus is an excellent opportunity to teach business continuity. In a business law context, we can highlight that clients all over the world are contacting their attorneys for advice on how to keep their businesses running until the crisis is resolved, and engage in an exercise based upon an actual client request.
Casey, Timothy, ‘Reflections on Legal Education in the Aftermath of a Pandemic’ (2021) 28(1) Clinical Law Review 85–106 Abstract: This essay considers two significant changes to legal education in the aftermath of the COVID-19 pandemic. First, on-line programs will expand, based on the largely successful experiment in delivering legal education on-line during the pandemic. But this expansion must be thoughtful and deliberate. The legal education curriculum could include more on-line courses, but only if the learning outcomes and the pedagogy are aligned with on-line education. Experiential courses may not be the best fit for on-line given the specific learning outcomes and the benefits of in-person instruction in those courses. Second, student well-being will receive more attention in legal education. Our experience with the pandemic reinforced the critical importance of well-being, not only for our students, but also for our profession. Student wellbeing should be integrated into the legal education curriculum.
Cerchia, RE and Barbara Vari, ‘Online Legal Education in Italy’ (SSRN Scholarly Paper No 4184757, 8 August 2022) Abstract: This report commences with a brief outline of the Italian framework for legal education and access to legal professions, followed by an overview of information and communication technologies, before finally focusing on online legal education in Italy both prior to the COVID-19 pandemic and after the first lockdown. The paper encompasses both university legal education and continuing legal education required of lawyers and describes some significant MOCCs experiences. Before the pandemic, e-learning experiences carried out by the universities (more developed in other disciplinary fields) were still limited, except for ‘telematic universities’, specifically designed according to an e-learning model, whose educational offerings and quality, however, were considered inadequate. Nonetheless, the pandemic (still underway) has accelerated a process that had already begun. The debate regarding online education has emerged from the niches, acquiring greater centrality and renewing enthusiasm, but also raising concerns related to online education. The paper discusses both the achievements and the challenges faced by ‘traditional’ Italian universities. The analysis is carried out taking into consideration the regulatory context, the characteristics of the university system, of law schools and their teaching staff.
Chong, Nicole R, ‘Anticipating the Needs of Future Law Students Based on Current Post-Pandemic National Reading Comprehension Test Scores’ (2024) 11(2) Lincoln Memorial University Law Review 1–50 Abstract: The current state of education in the elementary, middle, and high school levels regarding students’ reading comprehension skills is bleak. Post-pandemic scores are showing up to a thirty-year backslide in reading comprehension testing scores. These concerning decreases do not bode well for students who may enter law schools one day. Let’s anticipate those needs by thinking ahead of ways to remedy potential shortcomings. Reading comprehension is tied closely to the skills of critical reading and thinking. Other scholars have written extensively in the legal academia field about critical reading and thinking. In fact, no one likely would dispute that critical reading and thinking are necessary skills for law students and lawyers. However, this article ties reading comprehension to these other skills and discusses the ramifications of current national testing for reading comprehension to potential deficits in those skills in future years. I have had the opportunity to teach a remedial upper-level course that has experimented with the teaching methodologies of modeling, scaffolding, and assessments to help students needing additional help with critical reading, critical thinking, and writing after the first year of law school. The article discusses how the remedial instruction could be implemented broadly across the first-year curriculum, which importantly would address more systemic deficiencies with reading comprehension, critical reading, and critical thinking earlier in law students’ experiences. This article, therefore, is a call to action for law schools to begin to plan ahead and provides some feasible techniques to address future students’ needs in regard to reading and thinking.
Clark, Annette, ‘Diploma Privilege and the Future of the Bar Exam’ (2020) 37(6) GPSolo 19–23 Abstract: The COVID-19 pandemic has disrupted our lives and work in ways that were unimaginable only six months ago, as we’ve been faced with illness and death within our families and communities, a health care system that has been strained beyond capacity, the loss of jobs and increasing economic insecurity, anxiety and depression brought on by the fear of contracting the virus and the isolation imposed by our governments in trying to combat its spread, and so much more. For recent law school graduates, add to this demoralizing list the need to take and pass a bar exam in the middle of a public health crisis. At the same time, as dean of Seattle University School of Law, I followed the lead of some of my fellow deans across the country by reaching out to the body that administers the UBE in my state--the Chief Regulatory Counsel fort he Washington State Bar Association(WSBA) -- to request ajoint meeting with the bar and the deans of the other two law schools.
Cockburn, Tina, Sam Boyle and Md Saiful Karim, ‘Teaching and Researching in Health Law in the Time of the Covid-19 Pandemic : Lessons from Australia’ (Seminar on Teaching and Researching in Health Law in the Time of the Covid-19 Pandemic, Open University of Sri Lanka, Columbo, 31 March 2022) [Powerpoint presentation] Abstract: This seminar was convened by the Open University of Sri Lanka to consider the topic teaching and researching in health law in the time of Covid-19. Academics from the Queensland University of Technology were invited to discuss the importance of health law, the scope and design of health law courses and prospects of teaching and researching in health law from the Australian perspective, followed by a consideration of the lessons for the development of innovative curriculum in Sri Lankan legal education and research in the area of health law.
Codd, Helen et al, ‘“The Best of Times and the Worst of Times”: Reflections on Developing a Prison-Based Business Law and Tax Clinic in the Midst of a Global Pandemic’ (2020) 27(4) International Journal of Clinical Legal Education 39–61 Abstract: This practice report explores the dynamics, opportunities and challenges of developing an in-prison CLE programme offering advice on business law and tax, against the backdrop of the COVID-19 pandemic and the pre-existing constraints of prison security. This initiative has its roots in two clinical education initiatives at the University of Central Lancashire (UCLAN) - an existing Business Law Clinic based in the School of Justice, and an experimental low-income taxation advice project run by the UCLAN Business School. The interdisciplinary team taking forward this project includes staff with expertise and experience in taxation, CLE, business law, penology, and prison research.
Collier, Richard, ‘Blackstone’s Tower Revisited: Legal Academic Wellbeing, Marketization and the Post-Pandemic Law School’ 2(3) Amicus Curiae, Series 2 474–500 Abstract: The years since the publication of Blackstone’s Tower have witnessed an explosion of international scholarship on university law schools and legal academics. More recently, the UK, as elsewhere, has seen the emergence of a distinct interdisciplinary body of work termed ‘critical university studies’ seeking to explore multifarious dimensions of what has been widely termed the marketization of universities and their law schools; a process well under way by the time Blackstone’s Tower first appeared but which has since gathered pace. This article will explore the nature of these changes and, more specifically, assess their impact on a subject that has itself become the focus of increasing political and policy debate across the higher education sector over the past decade; the wellbeing and mental health of those who inhabit the contemporary university. Focusing specifically on legal academics, the subject of a growing body of recent research, the article will chart both changes and continuities that have occurred within understandings of legal academic wellbeing since Blackstone’s Tower was published; and, interweaving a discussion of the impact of the global pandemic of 2020 on wellbeing in university law schools, taking place at the time of writing, consider how Covid-19 is reshaping our understandings both of the ‘private life’ of the law school, as discussed by Fiona Cownie, and of legal academic wellbeing as a focus of socio-legal study.
Collins, Richard and Marie-Luce Paris, ‘Post-Covid Legal Education: Preliminary Findings of Technological Challenges and Opportunities at UCD Sutherland School of Law’ (UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No 01 / 2023, 21 June 2023) Abstract: Legal education, as all other disciplines taught at higher education level, was deeply affected by the Covid-19 pandemic episode. Despite already undergoing pressure for change pre-pandemic in several respects, the Covid-19 pandemic turned the pressure to re-envision the future of legal education into a necessity for rapid change with notably the conversion to online teaching and learning. Yet, law schools, educators and students were quite unprepared for the shift online. A legitimate question for law schools has been whether the Covid-19 pandemic has been perceived as a threat to legal education or, on the contrary, as a catalyst for change. The aim of the piece is to present a small case study to illustrate this questioning in the context of on online survey conducted among law lecturers of UCD Sutherland School of Law. From the survey results, it is evident that the topic of online learning provision remains divisive, and that the recent introduction of micro-credential modules might provide interesting opportunities and also challenges in post-pandemic legal education if online learning is to be pursued.
Conner, Katherene, ‘Experiential Learning During COVID: A Perspective and a Proposal’ (SSRN Scholarly Paper ID 3925590, 31 August 2021) Abstract: Higher education has become more available to more students; however, post graduate education and post graduate educators had to quickly pivot to online learning when the world closed due to COVID. Experiential learning faced different challenges. This article traces the development of experiential learning in the law school curriculum and how the legal academy has responded to integrating the concept of experiential learning into the overall curriculum. This article also discusses one law schools experience with continuing experiential learning during the time of initial shutdowns due to COVID protocols and suggests lessons to carry forward in continued endeavors to include experiential learning in legal education.
Corbera, Esteve et al, ‘Academia in the Time of COVID-19: Towards an Ethics of Care’ (2020) 21(2) Planning Theory & Practice 191–199 Abstract: The global COVID-19 pandemic is affecting people’s work-life balance across the world. For academics, confinement policies enacted by most countries have implied a sudden switch to home-work, a transition to online teaching and mentoring, and an adjustment of research activities. In this article we discuss how the COVID-19 crisis is affecting our profession and how it may change it in the future. We argue that academia must foster a culture of care, help us refocus on what is most important, and redefine excellence in teaching and research. Such re-orientation can make academic practice more respectful and sustainable, now during confinement but also once the pandemic has passed. We conclude providing practical suggestions on how to renew our practice, which inevitably entails re-assessing the social-psychological, political, and environmental implications of academic activities and our value systems.
Corcos, Christine A, ‘Legal Uncertainties: COVID-19, Distance Learning, Bar Exams, and the Future of U.S. Legal Education’ (2022) 8 Canadian Journal of Comparative and Contemporary Law 71–117 Abstract: The COVID-19 pandemic forced the U.S. legal academy and legal profession to make changes to legal education and training very rapidly in order to accommodate the needs of students, graduates, practitioners, clients, and the public. Like most of the public, members of the profession assumed that most, if not all, of the changes would be temporary, and life would return to a pre-pandemic normal. These assumed temporary changes included a rapid and massive shift to online teaching for legal education, to online administration of the bar exam in some jurisdictions, or the option to offer the diploma privilege in others. Many employers made efforts to accommodate new law graduates and employees who needed to work from home. As legal educators and the legal profession shift back to ‘normal’, we are now discovering that some of these changes might be rather desirable. Thus, we can begin to look at the last two years as an opportunity to re-evaluate how we teach and learn law and how we might evaluate the competence of those entering the profession in different ways. As we move forward, instead of automatically readopting to the status quo, we can instead examine approaches that would allow us to make headway on solving problems that have been with us for decades.
Craig, Lori-Ann and Sabrina A Davis, ‘Reference Services Provided by the Harris County Robert W. Hainsworth Law Library: A Comparison of Prior to and during the COVID-19 Pandemic’ (2022) Legal Reference Services Quarterly (Advance article, published online 23 May 2022) Abstract: The COVID-19 pandemic upended the lives of billions of people as well as the many services that people have come to rely upon for their needs. Libraries, and in particular, government law libraries, were not immune from this upheaval and were forced to reposition themselves to continue to provide valuable legal information services to a population that is underserved, selfrepresented litigants. In this article, the authors describe how one county law library expanded its reference services to include more virtual components.
Crawford, Bridget and Michelle Simon, ‘Law Faculty Experiences Teaching During the Pandemic’ (2021) 65(3) Saint Louis University Law Journal 455–470 Abstract: When colleges and universities abruptly shifted to online teaching in March 2020 all, focus (appropriately) was on ensuring continuity of education for students. In adapting courses to the new online environment, professors were encouraged to take into account the incredible stress students were experiencing, their new living conditions, and, in some cases, lack of access to technology and educational resources. For the Spring 2020 semester, almost all U.S. law schools shifted to some form of pass/fail grading in recognition of the enormous upheaval to students’ educational plans. Less discussed during the initial months of the corornavirus pandemic was how faculty members experienced and responded to the pandemic in their personal lives and as professional educators. This essay describes the results of an informal, non-representative survey of law faculty conducted in May 2020. The principal findings are that during the initial months of the pandemic, law professors themselves were under considerable stress, that they altered their modes of delivery and interaction with students, and that they wanted students, colleagues, and school administrators to recognize the complex experiences of law faculty teaching during the pandemic. The initial survey results here could serve as a basis for law school deans and others to develop school-specific surveys that might elicit more specific feedback about the experiences of faculty members at their schools. That feedback would enable law school leaders to develop programs that support their faculty and students. It may also be important to track longer-term effects of the pandemic on law faculty careers, as disruptions to legal education caused by the coronavirus may continue for some time.
Cunningham, Lawrence A, ‘Adapting to Remote Law Practice through the Pandemic: Essays from the GWNY 2020 Business Lawyering Class’ (GWU Legal Studies Research Paper No 2020–22, 2020) Abstract: The coronavirus pandemic requires law schools to train students in the new art of remote legal services, to anticipate how this will change the practice of law and what it means to be ‘practice ready.’ The accompanying essays, by students caught in the middle of the epidemic during an immersive training program, offer reflections and visions. Written by students at the end of their spring 2020 semester in George Washington University’s New York City (GWNY) business law program, the students explore how they must adapt their competencies accordingly.
Darrow-Kleinhaus, Suzanne, ‘Portability of the Ube: Where Is It When You Need It and Do You Need It at All?’ (2021) 37(2) Touro Law Review 665–696 Abstract: The article focuses on the problem facing May 2020 law school graduates in the U.S. as uncertainty in Uniform Bar Exam (UBE) jurisdictions continues due to the COVID-19 pandemic. Topics discussed include the challenges faced by bar candidates as they prepare for UBE, the problem with UBE score of New York candidates who were encouraged to take the exam in another UBE jurisdiction, and the concept of courtesy and non-courtesy jurisdictions.
Deo, Meera, ‘Investigating Pandemic Effects on Legal Academia’ (2021) 89(6) Fordham Law Review 2467-2495 Extract from Introduction: Part I introduces basic demographic information on law professors with a focus on race, gender, and raceXgender statistics. It also reviews data and methods from the Diversity in Legal Academia (DLA) study, which lays a foundation for this new empirical project on challenges during the COVID-19 pandemic. Part II shares findings from DLA that are especially relevant to the mental health effects on law professors, particularly women of color and other vulnerable faculty. This part documents a baseline of raceXgender challenges facing traditional outsiders to legal academia, exposing how extra burdens, both at work and at home, lead to serious mental health consequences. Part III outlines the research questions, methods, and anticipated findings of the PELA study. The final part suggests preliminary solutions (as well as noting their limitations) that faculty, administrators, and others should begin employing to mitigate some of the expected raceXgender disparities. If not addressed, these disparities will result in a tragic decrease in diversity and the loss of particular scholarly voices across legal academia.
Dhand, Ruby, ‘The Covid-19 Pandemic, Accommodations and Legal Education’ (2020) 25(4) Lex Electronica 175–180 Abstract: In this article, I highlight the barriers law students with disabilities face vis-à-vis accessing appropriate accommodations during COVID-19 and various approaches law professors and law schools can adopt to address these barriers. As a law professor and disability rights advocate, I use an intersectional framework drawing from the social model of disability framework, while applying the principles of equity, diversity and inclusion to legal education and institutional structures.
Duane, Tim, ‘Teaching Law in the Time of COVID-19’ (SSRN Scholarly Paper No ID 3642820, 5 July 2020) Abstract: Deciding whether, how, and when to re-open universities, colleges, and law schools is a complex problem. There are multiple considerations: public health in our communities and the communities our students may return to after their time here; the health of our students, faculty, and staff; the social, emotional, and mental toll of continuing to rely on remote teaching; and, the social, emotional, and mental benefits of engaging with each other. This article discusses the personal health risks for law school faculty of teaching in person and how cultural processes and institutional incentives may affect perceptions of and analysis of risks when deciding to teach in person.
Durlo, Juliana Vendramini and Plínio AB Gentil, ‘Legal Education in Crisis and Construction of New Post-Pandemic Paradigms’ in Essential Studies Focused on Development Area (Seven Editora, 2023) 1–16 Abstract: This article addresses topics related to the future of legal education in Brazilian universities in the post-pandemic of the so-called new coronavirus. As a specific objective, it intends to expose the change that occurred in the need for online undergraduate courses, in addition to reflecting on the economic gain and educational loss of this system. To materialize this research, the methodology used in the elaboration of the article is a qualitative analysis via bibliographic review, carried out through exploration through the survey of scientific articles indexed in appropriate databases such as Scielo, Google Scholar, and in the public domain. In this way, the bibliographic research consisted of reading texts related to the subject, prioritizing the fundamental bibliography. The problem to be researched starts from the premise that legal education in Brazil deserves a new educational perspective, and that means, in addition to the method, support in critical and interdisciplinary law. The relevance of the work takes place amid the new coronavirus pandemic, which transformed, overnight, access to education and its practice. It also seeks to initiate a reflection on the training of uncritical professionals, mere repeaters of given knowledge; Considering the expression ‘theoretical common sense’, it is expected to contribute to a critical look at legal science and its teaching model amid profound social change.
Dutta, Debolina, ‘Incongruous Pedagogy: On Teaching Feminism, Law and Humour during the Pandemic’ (2022) 18(4) International Journal of Law in Context 403–415 Abstract: In the wake of the devastating second wave of the pandemic in India, I taught an elective subject called ‘A Politics of Frivolity? Feminism, Law and Humour’. I offered a subject that intellectually embraced frivolity, precisely for the purpose of responding to the serious anguish and hopelessness of the pandemic. That the study of law is serious business works as (almost) a truism. Understandably, laughter seldom goes with it. Feminists, and feminisms, have also attained a similar reputation or stereotype of being humourless and killjoys. Given this antithetical relationship that humour and laughter shared with both law and feminism, their friendship was not easily foreseeable, working to infuse their combined study with an element of surprise and incongruity. This essay offers an account of my experience of teaching the subject during these dark times. It is a reconstruction partly from my class notes and partly from scribblings and memory. I reflect on a selected set of materials that I taught in the class, how these were received, the questions they raised and how the context enlivened the materials.
Dutton, Yvonne and Seema Mohapatra, ‘COVID-19 and Law Teaching: Guidance on Developing an Asynchronous Online Course for Law Students’ (2021) 65(3) Saint Louis University Law Journal 471–504 Abstract: Most law schools suspended their live classroom teaching in March 2020 due to the COVID-19 pandemic and quickly transitioned to online programming. Although professors can be commended for rapidly adapting to an emergency situation, some commentators have nevertheless suggested that the emergency online product delivered to students was substandard. Based on our own experiences in designing and delivering online courses, we caution against embracing a broad-reaching, negative conclusion about the efficacy of online education. Indeed, much of this emergency online programming would be more properly defined as ‘emergency remote teaching,’ as opposed to ‘online education.’ Online education requires professors to design their courses to be delivered at a distance, with the goal being to create a course driven by pedagogy using technological tools to inform and enhance the learning experience. COVID-19 may be with us for the foreseeable future, and law schools may choose to deliver more of their courses online as a result. This Article offers some guidance on how to develop and implement an effective asynchronous distance-learning course for law students.
Dwight, Newman, ‘Analyzing the Effects of Covid-19 on Legal Pedagogy and Scholarship: A Hurly-Burly in Five-And-a-Half Parts (A Collage Within a Collage?)’ (2020) 25(4) Lex Electronica 41–46
Ebner, Noam, ‘“Next Week, You Will Teach Your Courses Online”: A Reassuring Introduction to Pandemic Pedagogy’ (SSRN Scholarly Paper No ID 3552124, 10 March 2020) Abstract: Many institutions of higher education in the US and around the world have responded to the 2020 coronavirus pandemic by closing down campus operations and moving all teaching activity online. This essay aims to provide a helpful, demystifying and comforting first read for faculty who have just received online transition orders from their institution.
Ebner, Noam and Sharon Press, ‘Pandemic Pedagogy II: Conducting Simulations and Role Plays in Online, Video-Based, Synchronous Courses’ (SSRN Scholarly Paper No ID 3557303, 19 March 2020) Abstract: The goal of this paper is to continue to support teachers as they transition their classroom-based courses to an online, synchronous, video-based format in response to recent campus closures resulting from the coronavirus pandemic of 2020, which has rendered classroom gatherings unsafe.Written with teachers in the fields of negotiation, mediation, conflict management and dispute resolution in mind, this paper addresses these fields’ central teaching tool: conducting simulations and role plays. However, the paper will also be helpful for teachers in fields such as business, nursing, law, social work, education and others, who also utilize simulations as a teaching tool. While our focus is on negotiation and mediation simulations, our suggestions should remain valid across many simulated processes, such as patient interviewing, client counseling, coaching, student advising, etc. We will note minor tweaks required for simulating other conflict resolution processes; teachers in other fields can consider how they might tweak our guidance to support simulations in other areas.
Egger, Clara et al, ‘Extracting and Classifying Exceptional COVID-19 Measures from Multilingual Legal Texts: The Merits and Limitations of Automated Approaches’ [2023] Regulation & Governance (advance article, published online 2 October 2023) Abstract: This paper contributes to ongoing scholarly debates on the merits and limitations of computational legal text analysis by reflecting on the results of a research project documenting exceptional COVID-19 management measures in Europe. The variety of exceptional measures adopted in countries characterized by different legal systems and natural languages, as well as the rapid evolution of such measures, pose considerable challenges to manual textual analysis methods traditionally used in the social sciences. To address these challenges, we develop a supervised classifier to support the manual coding of exceptional policies by a multinational team of human coders. After presenting the results of various natural language processing (NLP) experiments, we show that human-in-the-loop approaches to computational text analysis outperform unsupervised approaches in accurately extracting policy events from legal texts. We draw lessons from our experience to ensure the successful integration of NLP methods into social science research agendas.
Ezirigwe, Jane and Jan Glazewski, ‘Conducting Socio-Legal Research in a Conflict Area during a Pandemic: Reflections and Lessons for Future Researchers’ (2024) 68(2) Journal of African Law 231–244 Abstract: A ‘sink or swim’ approach has been considered the only way to learn how to conduct empirical research; this should not be the case. Empirical research can be challenging for methodological, practical and ethical reasons; thus there should be detailed and systematic reporting on the methodology adopted. The absence of studies documenting the experiences of researching law implies that important lessons gained by one cohort are not readily accessible in a systematic way for the next. This article presents the methodology of research that was conducted in a conflict area in Nigeria during the pandemic; it aims to provide detailed reporting on the research and highlight the challenges. It offers lessons to future researchers undertaking socio-legal research in a conflict zone, during a pandemic or both. It contributes to the body of knowledge that presents not just what is being done in legal research but how, in order to develop ‘robust and cumulative scholarly traditions’.
Fanida, Eva Hany and Meirinawati Meirinawati, ‘Strategic Management of The Faculty of Social Sciences and Law, State University of Surabaya, in Improving The Quality of Education during The Covid-19 Pandemic’ (2022) 6(2) JPSI (Journal of Public Sector Innovations) 75–83 Abstract: This study aims to describe the efforts of the Faculty of Social Sciences and Law (FISH) of the State University of Surabaya (Unesa) in improving the quality of education during the Covid-19 pandemic within the framework of strategic management theory. This research was motivated by the fact that during the pandemic, lectures at universities switched to online and required students and lecturers to make quick adaptations that have the potential to impact the quality of education. This study uses a qualitative descriptive method. The focus of the research covers the strategic management process, which includes the phases of environmental observation, strategy formulation, strategy implementation, and evaluation. The research subjects were determined purposively by involving the heads of faculties, departments, and study programs within the FISH Unesa environment. The data analysis technique flow through data collection, data display, data reduction, and concluding. The results showed that the SWOT method was used in the environmental observation phase, specifically identifying the strengths and weaknesses of the institution’s internal environment and identifying opportunities and threats to the institution’s external factors. At the strategy formulation stage, a lecture strategy was set with the name Limited and Gradual Face-to-Face Lectures (PTMTB). This stage is carried out by preparing the room and health protocols. The implementation of this strategy was carried out starting with a survey via Google Form to students. Not all study programs hold PTMTB depending on the number of students who fill out the Google Form. The faculty carry out the evaluation stage with the Covid-19 Task Force. Based on the findings, several points can be suggested. The institution should make training plans for educational staff to increase competence, increase awareness of education staff to prioritize providing services for the community and increase lecturers number so that the ideal ratio between lecturers and students is met.
Farrell, Brian et al, ‘International Law Online: How Will the Pandemic Change the Practice of Law?’ (2021) 115 Proceedings of the ASIL Annual Meeting 289–294 Abstract: This panel was convened at 1:45 p.m., Friday, March 26, 2021, by the ASIL-Midwest Interest Group. Through a roundtable discussion, the panel explored the changes that the pandemic has had on the practice and teaching of international law.
Fortson, Charletta, ‘Now Is Not the Time for Another Law School Lecture: An Andragogical Approach to Virtual Learning for Legal Education’ (2021) 65(3) Saint Louis University Law Journal 505–515 Abstract: COVID-19 forced nearly every institution of higher learning, as well as others, to quickly pivot from a traditional face-to-face teaching model to an online teaching model. While some institutions had technology in place to quickly adapt, most institutions were not prepared. Even where the technology infrastructure was in place, the faculty were not readily prepared to adapt their teaching style to this online model. Given these challenges, many professors chose the path of least resistance and chose to conduct those lectures just as they always had but just in an online format. However, now was not the time for another law school lecture. Instead, it is a perfect time to use an andragogical approach to virtual learning to create more engaging and effective instruction. This article discusses the differences between andragogy and pedagogy and the fact that andragogy focuses on designing instruction with the adult learner in mind. It also discusses metacognition as a part of adult learning theory and how online tools can be used to develop such courses. Lastly, I share my own development strategies using adult learning principles and instructional technology.
Franks, Mary Anne, ‘Protecting Privacy and Security in Online Instruction: A Guide for Students and Faculty’ (SSRN Scholarly Paper ID 3668553, 6 April 2020) Abstract: COVID-19 forced educational institutions all over the globe to shift abruptly to online instruction. Online instruction presents many challenges to both faculty and students accustomed to in-person learning. Among those challenges are serious equity concerns, including wide variation among students and faculty in terms of technological literacy, access to reliable Internet service and related ‘digital divide’ issues, time zones, caretaking responsibilities, and personal situations that may make remote learning difficult or impossible (e.g. unsafe home conditions). Another serious category of concern are privacy and security issues, which are the subject of this memo. The privacy and security issues raised by this memo are not exhaustive. This memo is only a preliminary and necessarily incomplete set of concerns and recommendations.
Freudenberg, Brett and Melissa Belle Isle, ‘Confidence in a Pandemic: Students’ Self-Efficacy When Volunteering in an Online Tax Clinic’ (2021) 27(4) New Zealand Journal of Taxation Law and Policy 279–307 Abstract: With the advent of COVID-19 restrictions, a student tax clinic had to transform itself from delivering face-to-face pro-bono tax assistance to a fully online environment. This transformation to online had a number of technical and legal issues to navigate, such as how to provide for adequate supervision by a registered tax agent of students’ assistance. While students appreciated the ability to continue their experience working at the tax clinic online, what did it mean in terms of their self-efficacy (confidence)? Particularly, with the online environment would students still have sufficient opportunities to develop their self-efficacy through mastering, modelling, social persuasion, and judgements of their own physiological states? This article describes how the tax clinic was able to operate fully online and will provide data concerning the development of students’ self-efficacy. To provide a comparison, data from prior cohorts who participated face-to-face will also be considered.
Freudenberg, Brett et al, ‘Students’ Professional Identity and a Fully Online Tax Clinic’ in Amy Lawton et al (ed), International Handbook on Clinical Tax Education (University of London Press, 2023) 240–258 Abstract: A key benefit of work-integrated learning is the socialisation of students with their future professional career and identity. That is, students can start to appreciate what it means to be a professional in their chosen career, in terms of their conduct and how they identify with that. Due to the advent of restrictions imposed from the outbreak of COVID-19, the students involved at the Griffith University tax clinic had to move from a physical office space with face-to-face interaction with their tax agent supervisor and clients, to a totally online office via Microsoft Teams and YouTube. Activities conducted within this online environment included staff meetings, client meetings, client lodgements, presentations and research. However, what effect did this online office environment have on the development of students’ professional identity as tax advisers? This chapter will describe how the tax clinic was able to operate fully online, and it will provide data as to how students perceived the development of their professional identity as a tax adviser in this online environment. To provide a comparison, data from prior cohorts who participated in the physical office space will also be considered.
Fried, Audrey, ‘Lessons from Online Pandemic Pedagogy in North American Law Schools: Toward Law Student Wellbeing’ in Emma Jones and Caroline Strevens (eds), Wellbeing and Transitions in Law: Legal Education and the Legal Profession (Springer International Publishing, 2023) 107–135 Abstract: Many law school faculty who transitioned their courses online for the first time as a result of the pandemic thought deeply about their teaching. In adopting pedagogical approaches and strategies that mitigate the weaknesses of online learning and take advantage of the strengths of the medium, many law professors discovered practices that they found valuable and plan to continue in some form whether they are teaching online or in person. Because some of the challenges presented by online learning overlap with the needs of law students more generally, many of these strategies and practices also have the potential to improve law student wellbeing. In particular, the well-established Community of Inquiry model, conceived to support online course design, is a useful tool for faculty seeking to improve law student wellbeing regardless of modality. By emphasizing collaborative knowledge construction in the context of a learning community supported by an authoritative and caring instructor, the Community of Inquiry model highlights practices that foster the relatedness, competence, and autonomy necessary for law student wellbeing.
Froomkin, A Michael, ‘The Virtual Law School, 2.0’ (University of Miami Legal Studies Research Paper No 3728114, 20 August 2020) Abstract: Just over twenty years ago I gave a talk to the AALS called The Virtual Law School? Or, How the Internet Will De-skill the Professoriate, and Turn Your Law School Into a Conference Center. I came to the subject because I had been working on Internet law, learning about virtual worlds and e-commerce, and about the power of one-to-many communications. It seemed to me that a lot of what I had learned applied to education in general and to legal education in particular. It didn’t happen. Or at least, it has not happened yet. In this essay I want to revisit my predictions from twenty years ago in order to see why so little has changed (so far). The massive convulsion now being forced on law teaching due to the social distancing required to prevent COVID-19 transmission presents an occasion in which we are all forced to rethink how we deliver law teaching. After discussing why my predictions failed to manifest before 2020, I will argue that unless this pandemic is brought under control quickly, the market for legal education may force some radical changes on us—whether we like it or not, and that in the main my earlier predictions were not wrong, just premature.
Gallini, Brian R, ‘Pandemic Leadership’ (2021) 52(2) University of Toledo Law Review 261–287 Abstract: I have a story for you. It’s about a cross-country move to take on a first law school deanship amid a global pandemic. There is no shortage of literature about leadership outside the realm of academia. Indeed, there are a number of engaging books about leadership philosophies, styles, and guidance. But those materials are not tailored specifically to leadership roles within legal academia. Moreover, there is little scholarly literature advising deans on how to lead a law school. Unsurprisingly, perhaps, there exists even less literature advising deans on how to lead a law school during a global pandemic. My hope for this piece is to expand the body of scholarship advising deans on how to lead a law school. This Article offers my early thoughts—first year pandemic thoughts, to be exact—about the ways law school administrations can cultivate and maintain a strong culture focused on producing passionate and skilled lawyers. Part I tells the story of my transition from the University of Arkansas to Willamette University College of Law. Part II puts you firmly in the saddle of an administration tasked with learning to run a law school from scratch. Part III reflects on lessons learned from doing so.
Gangwar, Shivangi, ‘Some Thoughts on the Corona Semester’ (2021) 65(3) Saint Louis University Law Journal 517–526 Abstract: The COVID-19 pandemic presented educators across the world with a unique set of challenges. In this Article, I reflect on my experience of transitioning to the online medium mid-semester without much preparation. I compare the vastly dissimilar experiences of conducting classes ‘physically’ and remotely, highlighting the difficulties I experienced in translating to the online realm, and the pedagogical methods I usually employed while teaching Contract law to first-year students.
Gauthier, Ryan, ‘Teaching Essentially: Emergencies, Flight Instruction, and The Law School Classroom’ (2020) 25(4) Lex Electronica 65–70
Gharibeh, Ashraf mohamad et al, ‘E-Education in Law Schools under the COVID-19 Pandemic In Sultanate of Oman and Jordanian Universities’ (2023) 33 Journal of Namibian Studies: History Politics Culture 1224–1235 Abstract: By the use of current communication technologies, educational institutions are able to transmit classroom lectures and pedagogical guidelines to students at a distance. Students in Oman and Jordan have ceased attending colleges and schools as a precautionary step to achieve social separation in view of the present conditions surrounding the spread of the Coronavirus, which has swept the whole world. According to defence orders issued by the Jordanian cabinet, law majors are taught in Jordanian public and private universities, 20 universities in which studies have shifted from face education to e-learning during the second semester of the 2019-2020 academic year. The theories of pandemics have existed in Islamic jurisprudence since ancient times, and Maliki jurists have devoted specialized books to it to discuss this issue. However, the Coronavirus pandemic is not the first or the last till the end of the world. The usage of e-learning, a modern method of education, is quickly expanding across a range of contexts. The electronic delivery of integrated programmes is now commonplace in universities and colleges, and even at some research universities and institutes. Because of the COVID-19 pandemic, numerous quarantine measures have been implemented, and regular schooling has been put on hold. This has shifted the emphasis heavily towards online education. The study’s objectives are to provide an assessment of students’ perceptions of their e-learning experiences in law programmes at universities in Jordan and Oman, as well as pros and cons of e-learning from students’ perspectives and suggestions for improving e-learning at universities and academic institutions.
Ghori, Umair, ‘Readapting Assessments in Response to COVID-19: Bond Law Perspective’, Bond University Centre for Professional Legal Education Blog (14 April 2020) Abstract: There was a time when we as academics used to love debating about online exams, its nuances, pros and cons…and then like all academics we went back to our favourite pastime: answering emails! And, of course, marking research essays and conducting our own research. The thought that we will ever depart from our comfortably set routine of traditional end-of-semester exams was limited to seminars and staff meetings… and then a one-in-a-hundred-year event jolted us into action. What was once an interesting option suddenly became the only viable way forward.
Gibson, Brenda D, ‘Teaching in the Midst of Trauma’ (2023) 27 Legal Writing: The Journal of the Legal Writing Institute (forthcoming) Abstract: This was the title of my presentation at the 2021 AALS Annual Meeting as a part of a larger panel presented by the Wellness Section titled, ‘The Power of Now: A Mindset for Teaching in Times of Uncertainty.’ I chose this title because as an African-American woman, who had just lost my mother (who had lived in my home for 10 years) and moved academic institutions (after 15 years at a former institution), teaching in the midst of Covid-19, I wanted to sound the alarm! We are NOT alright! I was quite aware that I was not ‘alright,’ and suspected that many of my students and my colleagues weren’t either. However, I noticed an almost frantic attempt by many people in the academy to pretend that we were. These attempts also went beyond my institution’s doors: it was palpable on the listservs of which I was a member; it was equally palpable in the larger news media’s reports. We all wanted to be ‘alright,’ but we were not. We were living during a pandemic! And if you were fortunate, there was no other traumatic events occurring in your life. But for my first-year legal writing students, I realized that the pandemic + the first year of law school (with its myriad changes and challenges) = TRAUMA. Because of that, I began to think of some ways to modify my teaching to embrace the fact that we were existing in traumatic times. My essay will embrace my decision to be okay with not being ‘alright’ as an African-American woman academic, my journey to helping my students be okay with it as well, and what that looked like in and outside of my classroom teaching.
Giddings, Jeff, ‘Clinic in the Times of COVID19’ (2020) 11(2) Jindal Global Law Review 229–249 Jurisdiction: Australia
Abstract: This article considers the challenges faced by clinical legal education programmes in responding effectively to the COVID19 pandemic. Client needs are different and more acute. They also need to be balanced with the safety of students and staff. Services will need to be delivered remotely. The article considers some of the key legal issues generated by the pandemic, highlighting the need for clinics and other legal service providers to respond to these emerging legal and related needs. In responding, clinics will be best served by adhering to their pedagogical principles in the design of new services and in reshaping existing practices. This should enable clinical programmes to ensure that the experience of students remains distinctive, albeit different. The experience of the Monash Clinical Program is provided to demonstrate the value of using a clinical best practices framework to guide the responses to the challenges generated by COVID19. Research related to clinical best practices undertaken as part of the planning for implementation of the Monash Clinical Guarantee has shaped the programme’s response to COVID19. The article then considers a range of issues generated by the move to virtual delivery of client services and the clinic’s teaching programme. The article concludes with contemplation of how clinical programmes can best plan for ‘the new normal’ that will present itself after the pandemic.
Gilder, Alexander et al, ‘Peer Learning and Student Ownership in An International Environment: A Student-Created Website on Human Rights and Peacebuilding’ (2023) 4(1) European Journal of Legal Education (forthcoming) Abstract: In light of COVID-19, activities under the remit of the Legal Advice Centre at Royal Holloway needed to adapt. Technology and the normalisation of online collaboration presented an opportunity for international cooperation between students at universities around the globe. To capitalise on the changing dynamics, Royal Holloway established a Memorandum of Understanding with the Institute for Peace and Conflict Studies in Somaliland with the aim of pursuing student-led projects, as well as other research related collaboration. In this article we recount the formulation of a student-led, inclusive, international project that saw students in the UK and Somaliland work together on a website that freely disseminates information on human rights and peacebuilding for stakeholders in Somaliland and the Horn of Africa, with additional relevance for UK actors working in Somaliland. The project utilised approaches of peer learning, student ownership, enquiry-based learning, international collaboration, and social responsibility to build an activity and environment that promoted deeper learning, critical thinking, and social change.
Goldsmith, Marcia and Karen Sanner, ‘Distraction or Necessity: A Post-Pandemic Examination of Digital Devices in the Law School Classroom’ (2024) 68(3) Saint Louis University Law Journal 499–518 Abstract: Digital devices are a constant presence in the law school classroom; however, faculty members and students report mixed feelings about the role of digital devices in the classroom learning experience. While data suggests that use of digital devices has a deleterious effect on acquiring and retaining information, digital device usage is sometimes helpful and often necessary to facilitate learning in the modern law school classroom. This article draws upon ideas from Professor James M. Lang in his book Distracted: Why Students Can’t Focus and What You Can Do About (Hatchette Book Group Inc. 1st ed. 2020), identifies the reasons that digital devices distract our brains and suggests a context driven approach to the use of digital devices in a law school classroom. Part I will discuss the science of learning and distraction, Part II will discuss the various approaches to technology use in the classroom, Part III will discuss developing and implementing a technology use policy for the legal skills classroom, and Part IV will discuss the benefits of teaching students to be good stewards of technology as they enter the legal profession.
Greely, Henry T, ‘Pandemic Fairness and Academia’ (2020) 7(1) Journal of Law and the Biosciences Article lsaa030 Abstract: The pandemic is not fair. And it does not care. Our societies should learn some lessons and make some changes, perhaps big changes. But what changes need to be made in society, and how, is too big a question for me to talk about in this editorial.But I can talk about changes needed to help one group that is also being unfairly hammered by this virus, one that I know well: academics with family responsibilities. Yes, these are problems of a relatively elite, secure, and well-paid group and less serious than those of many are losing homes, friends, and families due to the pandemic, but, for us academics, they are our problems. We can and should do something to mitigate them.
Griggs, Marsha, ‘An Epic Fail’ (2020) 64(1) Howard Law Journal (forthcoming) Abstract: All at once, the U.S. found itself embattled with the threat of COVID-19, the new normal of social distancing, and the perennial scourge of racial injustice. While simultaneously battling those ills, the class of 2020 law graduates found themselves also contending with inflexible bar licensing policies that placed at risk their health, safety, and careers. During a global health pandemic, bar licensing authorities made the bar exam a moving target riddled with uncertainty and last-minute cancellations. This costly and unsettling uncertainty surrounding the bar exam administration was unnecessary because multiple alternatives were available to safely license new attorneys. A ball was dropped, and bar examiners at the state and national levels failed epically at an opportunity to be adaptive, decisive, and transparent, to the detriment of a class new lawyers and the public they will serve. The dogged insistence on status quo that led to the bar exam chaos of 2020, has placed the method and purpose of bar examination under national scrutiny. This Article offers a critical analysis of the systemic failure of bar licensure authorities to respond adaptively to crisis; explores alternative processes to measure minimal competency; and offers insight about the institutional mindset that has dominated our perception of the bar exam. An entire class of bar takers was held captive to conventional thinking at a time that called for compassion and innovation. Any failures on this bar exam are ours, not theirs.
Guerra-Pujol, FE et al, ‘Teaching Tiger King’ (2021) 65(3) Saint Louis University Law Journal 527–559 Abstract: When our home institution moved all instruction online in response to the pandemic, we began redesigning our business law survey course from scratch. Specifically, we decided to use the popular docuseries Tiger King: Murder, Mayhem, and Madness to explore the legal and ethical environments of business with our undergraduate students. We deliberately chose this surprise-hit television show in order to make our online course as relevant, timely, and engaging as possible. The remainder of the paper will describe the contents of each module of the course, explore their relation to Tiger King, and explain the logic of our design choices.
Guilfoyle, Douglas, ‘Teaching Public International Law in the Time of Coronavirus: Migrating Online’ in Barrie Sander and Jason Rudall (eds), Opinio Juris Symposium on COVID-19 and International Law (2020)
Habermacher, Adrien, ‘Online Legal Education in Canada’ (SSRN Scholarly Paper ID 3979034, 8 December 2021) Abstract: This report compares the development of online legal education in Canada prior to and during the COVID-19 pandemic. It is pan-Canadian in scope and encompasses both the university legal education (qualifying education) and continuing education for already-qualified lawyers in the country’s common law and mixed civil/common law jurisdictions. The pre-pandemic achievements in online legal education were very limited despite the general availability of adequate technology to experiment in the field. Reluctance has been the strongest at the qualifying education stage. Structural factors (e.g. education requirements, limited competition among institutions, funding regimes) seem to explain this dire lack of innovation; this state of affairs left Canadian legal educators generally unprepared to face the sudden transition to online education forced upon them by the pandemic in early 2020. This report offers a first look at the lessons learned from the universal experience with online legal education. It also points to likely future developments, considering students’ and instructors’ changing preferences as well as the social aspects of certain law schools’ missions.
Habermacher, Adrien and Sulaimon Giwa, ‘Learning in Lockdown: Assessing the Impact of Online Legal Education on the Development of Professional Competencies and Identity’ (2024) 47(2) Dalhousie Law Journal 1–43 Abstract: We administered a survey to law students at three Canadian law schools in the Atlantic region at the end of the Fall 2020 term. The survey asked students to compare their learning of each of the Federation of Law Societies of Canada (FLSC)-mandated competencies, as well as several others taken from the Law Society of New Brunswick (LSNB) competency profile, in the Fall 2020 (online) term versus previous terms of study. The survey also solicited testimonies on students’ socialization into the legal community during their unexpected online law school experience. Our data sheds lights on which competencies, among those deemed essential for law school graduates, are less likely to be adequately developed in an online instruction environment. Our analysis shows that online learning is not demonstrably less effective at fostering the FLSC-mandated competencies. Socialization into the legal community was the aspect of the typical law school experience most hindered by the online modality of instruction. While the Fall 2020 term was a difficult experience for many students, we also found that a sizeable minority of students thrived in the online environment, even with the temporary and emergency nature of the online law school experience in Fall 2020 and the pandemic-related public health restrictions during this period. Our findings are consistent with other studies conducted on law students during and before the pandemic outside of Canada.
Heart, Tsipi, Elad Finklestein and Menashe Cohen, ‘Insights from Pre Covid-19 Perceptions of Law Students on Four Learning Methods: Implications for Future Design of Blended Learning’ [2021] Quality Assurance in Education (advance article, published online 21 October 2021) Abstract: The purpose of this study is to assess students’ perceptions of four teaching and learning (T&L) methods used in a blended learning Contract Law course, namely, frontal, written assignments, simulations and online asynchronous T&L. The students preferred face-to-face T&L in class and ranked online T&L last. Notably, 84% preferred blended learning combining all four methods. These results suggest that the online T&L for this Contract Law course setting was unsuccessful and that teachers should experiment with blending various T&L methods to maximize learning effectiveness and students’ satisfaction.
Heeren, Geoffrey J, ‘Building on the Legacy of the University of Idaho’s Immigration Clinic During the Pandemic’ (2021) 64(9) Advocate 32–34 Introduction: The growing presence of immigrants in Idaho is one of the reasons why the University of Idaho College of Law has had an immigration clinic since the early 2000s.1 Immigrants make up 6% of Idaho’s population and 8% of its labor force.2 Moreover, Idaho’s growing immigrant population is a driving force for its economy. Immigrants—both those with lawful and undocumented status—pay tens of millions of dollars of taxes in the state.3 In some strategic sectors of the Idaho economy, like the enormously lucrative dairy industry in Southern and Eastern Idaho, immigrants overwhelmingly make up the work force.4 The increasing presence of immigrants in the state—and in neighboring regions like Eastern Washington—means there is a need for attorneys to help non-citizens with an area of law that one federal court called a ‘labyrinth that only a lawyer could navigate.’5 This pressing need equates to the availability of jobs for University of Idaho law graduates trained in immigration law. The Immigration Litigation and Appellate Clinic at the University of Idaho College of law offers these opportunities. This year, the clinic adapted to the pandemic in order to continue its legacy of excellent immigrant representation. This article will provide an overview of the clinic, its recent work, and its scope.
Henry, LA, ‘Community Legal Clinics and Clinical Education in the COVID Era: Resilience, Innovation, and Gaps’ (2021) 72 University of New Brunswick Law Journal 114–131 Abstract: In Canada and throughout the commonwealth countries, access to justice depends upon free legal clinics to fill gaps. While provinces vary in the amount they invest in Legal Aid Services for lower income citizens, it is generally recognized that the majority of lower-middle-class people simply cannot afford to pay the retainer fee for a private lawyer. Legal clinics provide, at bare minimum, summary advice to self-represented litigants, and in some cases full carriage of the file including representation in court. In Canada, almost all university law faculties have legal clinics as part of their curriculum, or are partnered with independent legal clinics that offer students clinical experience. This creates a win-win situation: students receive an invaluable opportunity to do hands-on work under the supervision of clinic lawyers, and clients who cannot afford to hire a lawyer receive legal support.
Hinchcliff, Carole, ‘Returning to Campus: A Reflection’ (2022) 30(2) Australian Law Librarian 61–65 Abstract: We never imagined that we would be creating a virtual library during 2020. The University of Melbourne Library met the challenges presented by the COVID-19 pandemic by growing and refining our digital library services. Our virtual library supported the University of Melbourne’s teaching, research and engagement activities from March 2020 until mid-January 2022 when all our branch libraries re-opened and have at last remained open. As we have returned to campus, we have been rethinking how our library spaces can best be used and what from the past two years we will keep, what we will tweak and adapt and what we will let go. This is part of our commitment to continuous improvement, and after all, we cannot return to how our libraries operated and our ways of working in 2019.
Howells, Kaye, ‘Simulated and Real-World Experience - The Challenge of Adapting Practice in Clinical Legal Education in Unprecedented and Challenging Times’ (2020) 27(4) International Journal of Clinical Legal Education 196–213 Abstract: March 2020 was undoubtedly the beginning of unprecedented and challenging times for all. From an education perspective, such challenges have resulted in the re-design of module delivery, consideration of how we ensure the students receive high-quality teaching and are afforded the same opportunities, albeit within a virtual environment. This paper will consider the challenges faced and how we can adapt practice in CLE in these unprecedented and challenging times.
Howieson, Jill et al, ‘Balancing Convenience and Connection: Blending Law School Teaching and Learning During a Pandemic’ (2022) 32(1) Legal Education Review 209–226 Abstract: In February 2021, the Western Australian government placed the Perth metropolitan area into a ‘snap’ 5-day COVID-19 lockdown. This meant that the University of Western Australia (UWA) closed its campus, confining UWA Juris Doctor (JD) students to their homes. The lockdown coincided with the first week of a two-week intensive teaching block for the Law School’s Dispute Resolution unit, which as part of the School’s Legal Professionalism initiative, was usually conducted on a relatively quiet campus in the two weeks immediately preceding the beginning of first semester. The Legal Professionalism initiative provides the JD cohort with an immersive two-week experience of essential skills development, engagement with members of the profession, and opportunity to interact with their fellow students and Law School staff — on campus. Second year students undertake the unit Dispute Resolution, which in the past has shown to have a positive impact on the students’ sense of belonging and engagement with the Law School. However, in 2021, the first week of the unit coincided with the lockdown.
Huang, Peter H and Debra S Austin, ‘Unsafe at Any Campus: Don’t Let Colleges Become the Next Cruise Ships, Nursing Homes, and Meat Packing Plants’ (2021) 96(Supplement) Indiana Law Journal 25–65 Abstract: The decision to educate our students via in-person or online learning environments while COVID-19 is unrestrained is a false choice, when the clear path to achieve our chief objective safely, the education of our students, can be done online. Our decision-making should be guided by the overriding principle that people matter more than money. We recognize that lost tuition revenue if students delay or defer education is an institutional concern, but we posit that many students and parents would prefer a safer online alternative to riskier in-person options, especially as we get closer to fall, and American death tolls rise. This Essay argues the extra stress of trying to maintain safety from infection with a return to campus will make teaching and learning less effective. While high density classrooms promote virus transmission and potentially super-spreader events, we can take the lessons we learned during the spring, and provide courses without the stressors of spreading the virus. We argue the socially responsible decision is to deliver compassionate, healthy, and first-rate online pedagogy, and we offer a vision of how to move forward into this brave new world.
Hudson, Emily, ‘Copyright Guidance for Using Films in Online Teaching During the COVID-19 Pandemic’ (SSRN Scholarly Paper ID 3667025, 4 August 2020) Abstract: This Guidance discusses copyright options for using feature films and other audiovisual content in online teaching. It responds to concerns amongst UK higher education institutions (HEIs) that moving education online as a result of the COVID-19 pandemic raises new copyright risks. At many HEIs, in-person lectures may not be possible in the coming academic year due to COVID-related social distancing requirements. Even if some face-to-face teaching is possible, many students will undertake some or all of their studies remotely. One particular concern has been ensuring that Film Studies departments can screen feature films to students online, this being an essential part of those programmes. But lecturers in other disciplines also use a variety of films in their teaching, making these copyright questions of broader relevance. HEIs are keen to know whether they may use audiovisual content in online teaching without a licence. The key take-home message from this Guidance is that there are a number of exceptions in the Copyright, Designs and Patents Act 1988 (CDPA) on which HEIs may be able to rely. It focuses in particular on the fair dealing exception for illustration for instruction in s. 32 of the CDPA, and quotation in s. 30(1ZA).
Hudson, Emily, ‘Updated Copyright Guidance for Using Films, Audiovisual Works and Images in Online Teaching: Beyond the Covid Pandemic’ (SSRN Scholarly Paper ID 4042770, 24 February 2022) Abstract: In August 2020, I released guidance in relation to the copyright options for using feature films and other audiovisual content in online teaching. That guidance sought to address questions from UK higher education institutions (HEIs) in relation to the copyright implications of the sector-wide shift to remote learning necessitated by the Covid pandemic. HEIs were keen to know whether they could use audiovisual content in online teaching without a licence. The key take-home message was that there are a number of exceptions in the Copyright, Designs and Patents Act 1988 (CDPA) on which HEIs may be able to rely, including section 32 (fair dealing for the sole purpose of illustration for instruction) and section 30(1ZA) (fair dealing for the purpose of quotation). This Updated Guidance updates my earlier guidance. It includes new content, in particular a legal checklist for using section 32 and new analysis on the use of stills, photographs and other images by reference to fair dealing. It also considers the degree to which the 2020 analysis of fair dealing was dependent on the conditions that characterised the first year of the pandemic. Its key message is that many of the arguments that film and audiovisual works may be used in online teaching by reference to copyright exceptions are not dependent on the Covid pandemic. Rather than seeing these arguments as reflecting the exceptional and ‘unprecedented’ nature of the pandemic, it can be argued that the pandemic merely accelerated the emergence of new copyright norms and interpretations in relation to educational copying exceptions.
Islamova, Oleksandra et al, ‘Development of Distance Learning System for Law-Enforcement Higher Education Institutions: Post-Pandemic Challenges and Responses’ (2021) 7(3A) Laplage em Revista / Laplage In Review 665–674Jurisdiction: Ukraine
Abstract: The article reveals the peculiarities of development of distance learning system for law-enforcement higher educational institutions in post-pandemic period and provides generalization of distance learning possibilities on the example of the higher education institution of the State Border Guard Service of Ukraine. The authors indicate that the border guard service should pay more attention to implementation of a holistic and logical system of distance learning both of officers and junior staff. The results of the survey showed that the distance form of training of cadets under restrictions of pandemic becomes one of the main forms of training at the law-enforcement higher educational institution. Among the major drawbacks of the currently functioning distance learning system are the technical capabilities of currently used ICT, web-platforms and application, their stability and quality of communication, time of uninterrupted sessions, limitations on the number of participants and feedback from the audience, the number of equipped workplaces, possibility of organizing mobile learning.
Jellum, Linda D, ‘Did the Pandemic Change Legal Education for Better or Worse?’ (2021) 69(4) United States Attorneys’ Bulletin 67–76 Abstract: Crises test our strength and challenge us to improve. COVID-19 has been one of the biggest crises legal education has faced in recent decades. In this essay, I examine the legal academy’s response to that crisis to see whether it will triumph or fail. First, I discuss the overnight transition to online legal education, although there were changes other than moving classes online, such as teaching and learning while masked; spacing students six feet apart; designating doors, hallways, and stairways as unidirectional; and taking one’s temperature before entering buildings. Most of these latter changes will disappear when COVID-19 disappears; however, online legal education in some form is here to stay. Next, I describe synchronous (real time) and asynchronous (recorded) online education. Focusing on synchronous learning because I used that system, I highlight what worked and what did not work for me. Then, I briefly describe the legal academy’s resistance to online education and conclude with a prediction that online legal education in some form is here to stay.
Johns, Fleur, ‘Songs and Static: Legalities of White Noise’ (SSRN Scholarly Paper No ID 3738405, 27 November 2020) Abstract: This paper was delivered as a keynote talk at the 13th Annual Doctoral Forum on Legal Theory, ‘Sirens + Silences: Law in Lockdown’, co-hosted by Melbourne Law School and UNSW Law. Responding to the convenors’ invitation to reflect on ‘a year marked by upheaval and stasis’, it explores how legal scholars in various settings might plan a route out of the global COVID-19 pandemic that is not simply a return home. Five legal and political ‘songs’ in broad circulation are identified – songs of salvation, separation, suspension, stagnation, and absurdity – and arguments made for resisting some of their appeals. Instead, the paper suggests, legal scholars might do well to look to the commonplace normativity of survival: the ceaseless static of making do and getting by. By planning and organizing around some of the ways that people have lived the pandemic, legal scholars might perhaps become attuned to possible ways of living lawfully without casting sectors of the population into surplus.
Johnston-Walsh, Lucy and Alison Lintal, ‘Tele-Lawyering and The Virtual Learning Experience: Finding the Silver Lining for Remote Hybrid Externships & Law Clinics after the Pandemic’ (2021) 54(4) Akron Law Review 735–772 Abstract: The COVID-19 pandemic has rocked the world in innumerable ways. This Article argues that the COVID-19 pandemic has a silver lining for law students in experiential learning programs. The pandemic has forced law schools across the country to fully utilize remote learning technology. The pandemic similarly forced courts to accept virtual tools in an environment that had previously relied primarily on in-person appearances. The lessons that law faculty and judges have learned from the pandemic will be permanent and may change the methods of operation going forward. Law schools that embrace the lessons they learned can help their law students and graduates be better prepared for a new practice environment, as distance learning and virtual law practice are likely here to stay. This article discusses why, despite what some may think, remote learning can happen successfully with experiential education and why virtual experiences will benefit students, their employers, and the public in the future. This article offers a guide as to how one law school, with a long history of remote delivery, made this pivot, and offers concrete guidance for other schools that might want to continue using virtual technology to help deliver experiential education post-pandemic.In Part II of this article, we describe the legal academy’s historic resistance to remote learning and the standards that govern experiential learning. We analogize law school resistance to remote experiential learning to the resistance of parts of our judiciary system in embracing remote court operations. In Part III, we document the way in which COVID changed the world of legal education and the courts. In Part IV, we offer our thesis that virtual or hybrid legal practice is here to stay, and virtual experiential learning is essential training for the modern law student. In Part V, we discuss several pedagogical modifications that should be made to address challenges that arise from the virtual practice format and how to most effectively teach law students. Additionally, we discuss best practices for designing fully remote and hybrid clinic and externship courses. Lastly, in Part VI, we discuss the broader lessons on how remote work in experiential settings can lead the way for transforming modern legal education post-pandemic and provide concrete guidance on how to do so. Finally, we offer an appendix, outlining some practical guidance and a checklist to utilize when designing remote or hybrid externships and clinics.
Jones, Mark L et al, ‘It’s Alright, Ma, It’s Life and Life Only: Are Colleges and Universities Legally Obligated during the Coronavirus Pandemic to Exempt High-Risk Faculty from In-Person Teaching Requirements?’ (SSRN Scholarly Paper No ID 3684190, 1 September 2020) Abstract: After hurriedly transitioning to online learning when the coronavirus pandemic burst onto the scene during spring semester 2020, colleges and universities across the U.S. spent much of the spring and summer deciding how to proceed in the fall. Should all courses continue to be taught entirely online? Should all return to in person? Is the best answer instead some sort of hybrid curriculum? Because the pandemic has defied prediction at every turn, colleges and universities not going entirely online can’t help but know that at any point during the semester they may suddenly be forced to revisit and revise their decision. Furthermore, after a summer in which the virus continued to infect U.S. residents at an alarming rate, colleges and universities are surely on notice that the pandemic should figure front and center in their planning as they think about in-person vs. online instruction for spring semester 2021.We believe that, for the duration of this pandemic, a college or university planning to offer any in-person classes has a moral obligation not to require any faculty members to teach in person who, out of concern for their own physical or emotional well-being or for that of another member of their household, ask to teach online instead. For now, however, we leave it to others to discuss more fully colleges’ and universities’ moral obligations. Our topic is colleges’ and universities’ legal obligations to allow faculty to opt for online, rather than in-person, teaching during this pandemic, and within that topic, we limit our focus to the group of faculty whom we believe colleges and universities have the clearest legal obligation to protect – those who, according to the criteria identified by the Centers for Disease Control and Prevention, appear to be most vulnerable to getting seriously ill or even dying if they contract the coronavirus. In the language of the CDC, our focus is faculty members ‘at increased risk of severe illness from COVID-19’ – a group that we call ‘CDC high-risk faculty.’ According to the CDC, anyone is high risk who has reached age 65 or who has one of various specific medical conditions, including cancer, chronic kidney disease, pregnancy, hypertension, and more. We outline various arguments that colleges and universities are legally obligated during this pandemic to exempt CDC high-risk faculty from any in-person teaching requirement. Two of the four legal sources upon which we rely are federal statutes that qualify as major statements of national policy – the Americans with Disabilities Act and the Age Discrimination in Employment Act. The other two sources are important state-law doctrines with strong support in the American Law Institute’s most recent restatement of the law of torts – protection from intentional infliction of physical harm, and protection from intentional infliction of emotional distressOur hope is that our arguments will provide college and university leaders with a perspective that will prompt them to recognize the great importance of adopting an exemption policy that at a minimum frees all CDC high-risk faculty from any requirement to teach in person. Perhaps they would adopt such a policy simply to avoid possible legal liability. Ideally, however, they would do so at least in part out of a recognition that a college or university policy at odds with legal sources as weighty as the four under discussion is a policy that speaks very poorly for the institutions they are charged with leading. The fact that it’s difficult to place a dollar value on a college’s or university’s reputation for fairness and humaneness doesn’t mean that a policy that tarnishes that reputation is not very costly to the institution. We have no doubt that it is.
Journal of Ethics and Legal Technologies (2021) 3(1): Special Issue on Legal Education during the Pandemic - Gladwin-Geoghegan, R and C Thompson, ‘Responding to the Pandemic: Technological and Ethical Implications of Covid-19 on Legal Education’ 1-4
- Gladwin-Geoghegan, R and C Thompson, Legacy of Lockdown: Exploring the Opportunities for Development in Legal Education as a Consequence of the COVID-19 Pandemic 5-26
- Hubacher, KM, The Legacy of COVID-19: Revivifying the Socratic Method for the Benefit of Legal Education in Civil Law Countries 27-58
- Querci, I, The Double-Edged Sword of Legal Education: Uncertainty Mitigation and Social Innovation During a Pandemic 59-72
- Betts, G and J Kaur, Maintaining Academic Standards and Protecting Student Interests in UK Law Schools Following Covid-19 73-94
- Ferrara, M and A Roberto Gaglioti, D. Lucisano, I.Stefania Neri, Minima non curat praetor! Arguing for a Strategic Experimental Implementation of AI into the Italian Tort Law Disputes Dynamics 95-110
Abstract: This article uses the question ‘Can government and businesses mandate the COVID-19 vaccine?’ as a starting point for an interdisciplinary discussion appropriate for a variety of business laws classes. This timely and engaging question lends itself to a class discussion on law, ethics, and behavioral economics, which will help students integrate their learning across these disciplines. This lesson is appropriate for courses on the Legal and Ethical Regulation of Business as well as Employment Law at both the undergraduate and graduate levels. In addition to currently being an extremely timely topic, mandatory vaccination will remain an important issue for years to come as many experts predict immunity will wane with time and booster vaccines will be required. One of the most important learning goals of this lesson is improving students’ understanding of the complexities surrounding the legal regulation of business in the United States. Real-world business dilemmas often have many interrelated legal issues and students will develop a true understanding of how to integrate various areas of the law. The lesson pulls together different legal concepts including federalism, statutory interpretation, administrative law, stare decisis, constitutional law, and employment discrimination. Additionally, the lesson is an excellent way to develop students’ analytical and critical thinking skills. This lesson can also be used to develop students’ ability to analyze issues from competing ethical frameworks. These mandates are a particularly interesting topic for ethical analysis since there are many hypothetical variations depending on the specific vaccine mandate at issue, and who it covers. Additionally, this article discusses how vaccine mandates can be used to introduce a class discussion on behavioral economics.
Kammer, Sean, ‘Reflections on Teaching Constitutional Law in the Midst of Constitutional Crisis’ (2022) 67(2) South Dakota Law Review (forthcoming) Abstract: The events of Jan. 6, 2021 at the Capitol building in Washington, D.C. brought the U.S. Constitution to the forefront of the minds of citizens across the nation. For law students beginning a Spring 2021 Constitutional Law course on this very day, the typical ‘first day’ abstract hypothetical was supplanted by the very real and imminent crisis, and the term was sent on an unforeseen trajectory. This essay reflects upon the experience of teaching Constitutional Law in an era of compelling challenges to the American legal order. The teaching of Constitutional Law in today’s climate, the author concludes, must foster a discussion beyond the text of the Constitution and letter of the case law, including frank conversations about the government branches’ and individual actors’ roles in enforcing constitutional principles and ideals, as well as an understanding of the social context and political landscape in which what we refer to as ‘Constitutional Law’ lives and breathes.
Kanter, Arlene S, ‘Can Faculty Be Forced Back to Campus?’ [2020] (16 June) Higher Education Chronical 1–4 Abstract: This essay discusses the right of faculty to work from home during this COVID-19 pandemic. Various laws, including the Americans with Disabilities Act, provide protections for faculty who do not feel safe returning to campus.
Karsai, Krisztina and Andras Lichtenstein, ‘DIGICRIMJUS and ClaER: Effective Methods of Teaching Criminal Law Digitally during the Pandemic’ [2022] (Special Conference Edition 5) European Police Science and Research Bulletin 231–236 Abstract: In this paper we introduce DIGICRIMJUS, an EU supported higher education strategic partnership on Digitalisation and Criminal Law formed by three renowned European universities (University of Szeged - Hungary, University of Konstanz – Germany, University of Istanbul – Turkey) focusing on the New challenges for teaching, researching and practicing criminal law in the digital age. Digicrimjus is designed around four cornerstones: digitalization - criminal law & justice - legal comparison – teaching & learning. In this framework members of the cohort are not only focusing on traditional questions of criminal law (e.g., criminal responsibility in cases where AI has been applied), but also on other issues in the criminal justice system (such as investigating cybercrime or online visiting hours in prisons). The results of the three years research project (2020/21-2023/24) will be made widely available in the form of comprehensive study and training materials designed for future lawyers and experienced professionals. Furthermore, as a good practice example closely linked to Digicrimjus and teaching criminal law remotely and digitally during the current pandemic situation, CLaER, an online “Criminal Law Escape Room” is also introduced. It was recently developed at the University of Szeged specifically for advanced law students majoring in criminal law and future legal professionals in the field of criminal justice. This digital learning material is designed to mimic in-person simulations and moots in the digital space using gamification methods. Apart from the teachers’ perspective, we also reflect on the students’ experiences based on their feedback and share some of our future project plans.
Katsenga, Nyasha Noreen, ‘Online Legal Education in Seychelles’ (SSRN Scholarly Paper ID 4013414, 20 January 2022) Abstract: This report examines how Seychelles has moved to online legal education and where, if any, improvements need to be made. The legal profession is integrated, making no distinction between attorneys and advocates. However, the number of lawyers is worrying low standing at 0.5 lawyers per 1000 people. Within legal education, gaps present themselves where there is no Seychellois LLB degree, a Bar Vocational Course which has a low online presence, and CLE non-existent. Notwithstanding this, the move to online legal education in response to the COVID-19 pandemic has been considerably good at the university. Measures such as internet allowance were put in place during lockdown as well as after the same. Teaching online is widely practiced within the university even where there are no lockdown measures in place. Nevertheless, the cost of internet remains a challenge which threatens the sustainability of online legal education.
Kaya, Serkan, Muhammed Danyal Khan and Ammara Mujtaba, ‘A Review of Legal Impacts of COVID-19 Studies: Trends and Future Challenges’ (2021) 15(8) International Journal of Innovation, Creativity and Change 511–520 Abstract: This paper aims to review the literature in COVID-19 in terms of a law published up to 10 May 2021 and to critically analyse insight and directions for future studies. The paper gathers data from Scopus databases and objectively chooses 224 documents. This research classifies dominant authors, leading journals, top contributing countries, uppermost funding organisations and involvement by subject area. The results of this research indicate that there is an increasing trend of applying law for enhancing a measure of protection against the coronavirus pandemic. This paper systematically reviews the data for COVID-19 studies in law, aiming to provide an inclusive but straight impact of COVID-19 on law.
Khaydarova, Umida, ‘Importance of the New Decree on Support and Promotion of Legal Education Signed During the Pandemic’ [2020] Review of Law Sciences 276–270 Abstract: In subsequent integration processes, any area in the society should remain and continue to function even after the pandemic. This is also relevant in the higher education system. The announcement of the pandemic led to the introduction of remote organization of the educational process and the creation of online classes. At the same time, the adoption by the President of a decree on the fundamental improvement of legal education and science in the Republic of Uzbekistan increased attention to education in these processes. The article discusses the significance of the decree and answers to the questions arisen in this area.
Klinkner, Melanie Josefine and E Smith, ‘From Law to Policy and Practice: Collaborative Research amidst a Pandemic: The Creation of the Bournemouth Protocol on Mass Grave Protection and Investigation’ [2021] Journal of Legal Research Methodology (advance article, published online 7 July 2021) Abstract: How can mass graves be protected to safeguard truth and justice for survivors? This was the question motivating the research project to produce international protection and investigative standards for mass graves, which resulted in the creation of the Bournemouth Protocol on Mass Grave Protection and Investigation. The research was premised upon broad and inclusive stakeholder consultation to ensure suitability, completeness and sustainability of project outcomes as well as to generate acceptance, endorsement and implementation. To realise the project we used a combination of desk-based research, round-table discussion with expert-participants from a variety of disciplines and cultural backgrounds and anonymous external consultation. In this paper, we reflect on the methods and processes used for the purpose of international standard setting based on legal norms. We discuss the choices made along the way in facilitating this cross-disciplinary, international, inclusive and collaborative project. In doing so, we explore the function of the research process in light of the need to ensure that the Protocol reflects the different and possibly conflicting needs and sensitivities of survivors vis-à-vis the demands of criminal justice, capacity, resources and scientifically robust practices. We outline the challenges experienced and anticipated in evaluating approaches, agreeing definitions, identifying commonalities, negotiating differences and adapting to Covid-19 as part of the process of translating legal norms into policy and practice for achieving effective impact.
Kohl, Rachael and Nancy Vet-Torello, ‘How Serving Jobless Workers During the Pandemic’s Economic Recession Grounded Students: A Reflection from Michigan’s Workers’ Rights Clinic’ (2021) 28(1) Clinical Law Review 169–194 Abstract: The COVID-19 pandemic drastically changed the delivery of legal education. Many courses switched to remote instruction, and that change was particularly complicated for clinical courses. For Mickigan’s Workers’ Right Clinic (WRC), however, the pandemic brought more than a change in course delivery - it brought a huge influx of new cases and community need with rapidly and continually changing laws. This article describes how the WRC navigated and thrived, despite the rapid changes brought about by the pandemic, and how the clinic provided an opportunity for students to engage in more complex work that benefited students both academically and mentally. This article first describes the structure of the WRC, which includes first-, second- and third-year students. It then describes how the WRC adapted to the challenges of COVID-19, including how the clinic fostered a substantive and engaging experience despite its remote nature, how the clinic responded to rapidly changing unemployment laws and regulations, and what the instructors learned from students. The third section describes the human and financial impact the WRC had on unemployed Michigan residents during the pandemic. The article ends with reflections of what changes WRC will keep in future semesters and how other clinicians may be able to implement this article’s findings into their courses.
Kohn, Nina A, ‘Teaching Law Online: A Guide for Faculty’ (SSRN Scholarly Paper No ID 3648536, 10 July 2020) Abstract: As law school classes move online, it is imperative that law faculty understand not only how to teach online, but how to teach well online. This article therefore is designed to help law faculty do their best teaching online. It walks faculty through key choices they must make when designing online courses, and concrete ways that they can prepare themselves and their students to succeed. The article explains why live online teaching should be the default option for most faculty, but also shows how faculty can enhance student learning by incorporating asynchronous lessons into their online classes. It then shows how faculty can set up their virtual teaching space and employ diverse teaching techniques to foster an engaging and rigorous online learning environment. The article concludes by discussing how the move to online education in response to COVID-19 could improve the overall quality of law school teaching.
Krishna, Gowri, Kelly Pfeifer and Dana Thompson, ‘Caring for the Souls of Our Students: The Evolution of a Community Economic Development Clinic During Turbulent Times’ (2021) 28(Fall) Clinical Law Review 243–279 [pre-print available on SSRN] Abstract: Community Economic Development (CED) clinicians regularly address issues surrounding economic, racial, and social justice, as those are the core principles motivating their work to promote vibrant, diverse, and sustainable communities. When COVID-19 arrived, and heightened attention to police brutality and racial injustice ensued, CED clinicians focused not only on how to begin to address these issues in their clinics, but on how to discuss these issues more deeply and effectively with their students. This essay highlights the ways in which the pandemic school year influenced significant rethinking of one CED clinic’s operations: first, the pandemic sharpened the clinic’s mission to provide transactional legal services to nonprofit and community-based organizations, social enterprises, and neighborhood-based small businesses in Detroit and in other disinvested urban areas in the region; and second, it prompted the clinic to attempt to foster a culture of care within the virtual classroom. As an epicenter of pandemic, racial, and political turmoil over eighteen months (and counting), Detroit offered a unique setting to engage students in thinking critically about the role of lawyers in assisting communities in their efforts toward economic, racial, and social justice during the pandemic year and beyond.
Kumar, Shouvik Guha, ‘The Pandemic and Post-Pandemic Aftershocks: Whither Legal Education?’ in Suresh Nanwani and William Loxley (eds), Social Structure Adaptation to COVID-19: Impact on Humanity (Taylor & Francis, 2024) 132-139 [OPEN ACCESS E-BOOK] Abstract: The COVID-19 pandemic has begun to be like a thing of the past now, with the new normal gradually returning to the old. Yet, even if the worst of the phenomenon and its global fallout lie behind us, it is unlikely that the pandemic will fade anytime soon without leaving some lasting changes in its wake. This impact has changed our lives, especially in the field of education. Considerable literature portraying such changes across multiple sectors already exists. Instead of merely reproducing variation of the same, I will adopt a different approach in this essay – involving a sharing of diverse perspectives via stories. Stories are important because people turn to them to understand what is happening in times of lasting stress; they help us appreciate other perspectives, develop empathy, and make sense of the world around us. In times of social distancing, stories provide a much-needed connecting platform where people may bond with each other, and where the shapers of policy can feel the effect of their decision-making in the lives of those around them. As someone involved in teaching law at a public university in a developing country like India, my story will also be related to that world. Some of the elements in these stories can be found in other stories, from the lives of other people, while others may be singular to legal education in a developing nation.
Kunc, Francois, ‘Law in the Time of Coronavirus’ (2020) 94(5) Australian Law Journal 315–319 Abstract: What follows are some vignettes of law in the time of coronavirus, written perhaps more with an eye to the interested readers of the future than for those of you reading it today, for whom this crisis is a pressing reality - the parliament, the courts, solicitors, barristers, law schools, and the future.
Levesque, Anne, ‘Universal Design in Legal Education in a Time of Covid-19’ (2020) 25(4) Lex Electronica 168–174 Abstract: When the University of Ottawa announced on March 13, 2020 that it would no longer be offering courses in person because of the COVID-19 outbreak, the Common Law Section of the Faculty of Law promptly struck an ad hoc committee of tech savvy professors (or in my case, an aspiring tech savvy professor) to support colleagues who were less familiar with online learning tools. From the outset, the committee was chiefly concerned with how the transition to distance learning would impact our students who already faced challenges in their studies. The members of the committee worried about students who would have to finish their classes with young children at home, about the unique and heightened barriers faced by those with learning disabilities, about those who experienced significant anxiety and those who did not have laptops, adequate workspaces for learning or fast internet connections because of their financial situation. With these students in mind, we swiftly developed what turned out to be a fairly comprehensive guide for our colleagues in French and English regarding various distance learning tools and strategies. When we reached out to professors to offer our assistance, even those who had always relied exclusively on conventional teaching and evaluation methods echoed our concerns. Later, when another committee was created to provide guidelines on final evaluations, it urged professors to offer students an alternative to three hour final exams. It was recognised by nearly everyone that this would be not be a fair or effective way to evaluate students in light of the circumstances. Just like that, universal design seemed to have become a common value shared by nearly everyone at the Faculty and I was absolutely overjoyed about it.
Levy, James B, ‘Bend It Like Beckham? Using Cognitive Science To Inform Online Legal Research and Writing Pedagogy During The Pandemic’ [2021] Nova Law Review (forthcoming) Abstract: This article has been submitted for publication in a forthcoming volume of the Nova Law Review devoted to a symposium it sponsored and was held virtually on February 26, 2021 entitled ‘Engaging LRW Students In The “New Normal” – Teaching In The Time Of COVID.’ It discusses strategies for adapting legal research and writing lessons developed for the classroom to online videoconferencing platforms like Zoom in response to the shift to online legal education in Spring 2020 due to the COVID crisis. Also included in this article is a section discussing an oft overlooked topic in the literature about online legal education concerning issues to consider in selecting tech equipment for our desktop classrooms that may enhance our effectiveness as online teachers. With respect to online legal research and writing pedagogy, this article suggests an approach informed by principles of cognitive science to make use of online videoconferencing tools in ways that actively engage students, that strive to make our teaching as multimodal as possible given the constraints of these platforms, and that reminds us of the importance of establishing a supportive classroom environment given the stress that students have faced due to the pandemic. This article also incorporates the results of several studies in a small but growing body of empirical research that has examined the effectiveness of remote online teaching during the pandemic in the context of undergraduate and non-law school graduate degree programs. As a result, this article provides a good snapshot of what researchers have concluded works, and doesn’t work, with respect to teaching via a videoconferencing platform in a time of COVID. The author would like to thank the student members of the Nova Law Review for encouraging me to write this article.
Liao, Carol, ‘On Race and Academia in the Time of Covid-19’ (2020) 25(4) Lex Electronica 120–125 Abstract: If this essay in the collection is meant to be a time capsule of what is going on right now in terms of my ‘learning’ during COVID-19, it is that Canadian legal academia is due for a racial reckoning. The stories of the past few months during COVID-19 have been preceded by years of research on racial injustice across our academic institutions. We know a lot about this phenomenon. White fragility runs deep in the ivory tower, forcing pre-tenure faculty to conform to standards of White supremacy for that all important future tenure vote. Any challenge against racial hostility or inappropriate behaviour is met with ‘a tsunami of hysterical defensiveness’ . So it feels safer to stay silent. White faculty members 6 select which BIPOC voices they amplify and which they reject (as the model minority myth goes), and those same members are then disproportionately and publicly rewarded for such efforts. Moving beyond White fragility demands that the self-rewarding cachet of seeming ‘woke’ must be surrendered and not leveraged against racialized and Indigenous faculty when they assert their perspectives. That is the start of how colleagues can truly be partners in creating fairer, more inclusive, antiracist institutions
Lin, Qianyang, Wenying Zhang and Zheng Weihua, ‘The Dilemma of Law Education Reform in China in the New Normal of COVID-19’ (Proceedings, International Conference on Education, Humanities, and Management (ICEHUM 2022), 2023) 105–115 Abstract: With the beginning of the ‘Internet+’ era, virtual reality, extensive data analysis, blockchain, and artificial intelligence pose significant threats to the judicial system. This paper discusses methods by which attorneys can respond swiftly to threats. In the rule of law education, for instance, blockchain technology has made curriculum reform and innovation more challenging, requiring professors to move promptly. This paper examines how the widespread COVID-19 has accelerated the development of online courses that circumvent the difficulties of traditional classroom instruction. This paper’s primary argument is that most legal education in the future will be a combination of conventional classroom and online learning. The ‘Three-level structure’ is also how the law school field is improved and kept current at present. Here, traditional classroom instruction is the foundation, the network is the medium level of IT integration, and online education represents the highest level. The data collection was also utilized to modify how law students attend classes. In addition, the paper also suggests that law-focused universities should use a method that combines traditional law and intelligent technology to develop new training and teaching methods. Use extensive data analysis and Internet information technology in educational research, and offer new courses such as internet law, artificial intelligence law, and big data law.
Lui, Wilson and Alice Suet Ching Lee, ‘Online Legal Education in Hong Kong’ (University of Hong Kong Faculty of Law Research Paper No 2022/03, 2022) Abstract: This article provides an overview of undergraduate, postgraduate, qualifying, and continuing legal education, and the relationship between legal education and the legal profession in Hong Kong. Within these categories, it considers the current progress of Hong Kong towards online legal education and the use of information technology in legal education and within the legal sector, with a particular focus on the effects of the COVID-19 pandemic. This article observes that the development of Hong Kong online legal education had remained largely stagnant in the pre-pandemic times. During the pandemic, the resort to online legal education in law schools seems to take the approach of ‘emergency remote teaching’, with a tendency to revert to face-to-face methods of course delivery and assessment whenever permitted under the pandemic restrictions. On the other hand, continuing legal education has successfully moved towards hybrid or fully online modes of delivery and may sustain in the future. It is argued that the Hong Kong legal education community, and more generally, the Hong Kong higher education sector, should take bold steps towards adopting well-designed and effective online pedagogies and assessment practices. As the legal profession and the judiciary in Hong Kong gradually improve their capacities and capabilities to utilise information technology and online tools, the legal education offered in the region must not shy away from responsibilities to equip aspiring legal professionals with technological skills in preparation for their future legal practice.
Luparev, Evgeniy Borisovich, Sergey Victorovich Potapenko and Elena Vladimirovna Epifanova, ‘Russian Experience in Transforming Teaching Methods in Legal Disciplines in Course of the COVID-19 Pandemic’ (2021) 14(2) Medicine, Law & Society_ _Abstract: The purpose of the present research is to analyze specific features of educational process in legal sphere in course of the COVID-19 pandemic. The research objectives comprise the following issues: firstly, depiction of the initial state of teaching in legal sphere at the beginning of the pandemic; secondly, transformation process of teaching methods taking into account distinguishing features of the Russian legislation in the field of education; thirdly, correlation of administrative restriction practices with academic freedoms on the example of the Russian Federation. One of the results of this study is the conclusion that it is necessary to prioritize the study of the fundamental theory of law in comparison with commenting on the current legislation in order to be able to substantiate the regulation of non-standard situations in the life of society. The principal outcome of the present survey is a consideration that the Russian legislation in the sphere of education that requires implementation of such educational procedures components as training, education, scientific activity and upbringing cannot be completely implemented under conditions of the imposed administrative restrictions in course of the pandemic.
Macaraan, Maryrose C, ‘Mental Health and Legal Education in the Time of Pandemic’ (2021) Journal of Public Health (advance article, published 21 May 2021) Abstract: In response to an article published in this journal where the authors systematically reviewed the impact of shifted norms and practices due to the COVID-19 pandemic on the mental health of people, this paper explores this aspect within a more specific set of the population—the law students. It addresses the impact of transition from physical face-to-face classes to a virtual online platform on their psychological wellness and coping mechanism. In the end, the paper mentions strategies that the law students may adopt amid the lack or absence of physical interaction with professors, classmates and friends.
Magarò, Patrizia et al, ‘University and Covid-19: The Experience of the Academic Community of the Single-Cycle Master’s Degree in Law of the University of Genoa’ (2022) Teaching Public Administration (advance article, published online 31 May 2022) Abstract: The article focuses on challenges and disruption in the higher education sector in Italy due to COVID-19 pandemic. The study explores the experience of the Single-Cycle Master’s Degree in Law of the University of Genoa, especially taking into account students’ perspective.
Maimela, Charles (ed), Technological Innovation (4IR) in Law Teaching and Learning: Enhancement or Drawback during Covid-19 (Pretoria University Law Press, 2022) *[OPEN ACCESS BOOK]* Book summary: Technological innovation (4IR) in law teaching and learning: Enhancement or drawback during Covid-19? book emerged from a lecture series the Faculty of Law at UP hosted in the 2021 academic year. Aiming to test the state of teaching and learning during the pandemic, the lecture series asked whether ERT and learning (ERTL) compromised or enhanced the teaching and learning of law. Among others, various academics from UP Law as well as from the universities of KwaZulu-Natal, Johannesburg and Free State. as well as officials from the DHET, participated in the series. This collection comprises chapters written by some of the representatives who were involved in the lecture series. This book aims to set the tone for teaching and learning of law after the pandemic. It is our hope that the lessons learnt during the pandemic will be adopted in the day-to-day teaching pedagogy of law in the future. Despite the disruptions caused by the pandemic, a possibly unseen benefit can be identified. As this book argues, law teaching and learning using technological innovations have been positive for both academics and students. Thanks to technological innovation, the discipline of law is arguably in a far better position after the pandemic than before.
Major, Blair A, ‘Making Something New: Legal Education in a Pandemic’ (2020) 25(4) Lex Electronica 93–98 Extract: I feel a great sense of loss at the likelihood of not having regular face-toface classroom interactions with my students for the next 6-18 months.
But I also feel that this provides an opportunity to re-invent the way that I approach teaching. Crucial to the asynchronous online teaching model is clear, concise explanations of core concepts in easily consumable and relatively short snippets. In order to offer this, I will have to think carefully about what the basics are, and how best to teach these basics to the students.
Of course, the students require more than the basics. They require a deep understanding of the law, so that they can use it as they move forward in a changing world. This means that after mastering the basics, the students will have to take their knowledge to the next step, which includes critical reflection as well as creative application. This, I think, will be done in assignments and projects that require students to engage with the legal material more deeply.
Pedagogy here informs assessment. Going the way of the dodo is the 100% final, which I never liked anyway. Now dawns the age of the creative law assignment, which includes group work, creative thinking, selfdirected study, creativity, and real-world application. The task of designing this new course experience is as exciting as it is daunting. But the great gift of the COVID-19 pandemic is that it has now taken away the old chains of ‘this is how we have always done things.’ There is no ‘this is how’ anymore.
I really believe that this is going to drastically improve legal education for all of our students. The first term might be a bit of a fumbling mess for some of us. But the way that it will stretch all of us to re-think design, delivery and assessment of course material will, I believe whole-heartedly, bring a lasting improvement to the way that law school is offered.
Matt, Tia Ebarb, Natasha Bellinger and Kim McDonald, ‘The Silver Lining in the Black Cloud of COVID-19’ (2020) 27(4) International Journal of Clinical Legal Education 135–154 Abstract: Little did we imagine that the effects of COVID-19 would ultimately make us a stronger and more accessible clinic. The sudden halt of providing in-person services clouded the entire University of Exeter clinical programme with uncertainty. However, we could not simply stop our clinical provision – we had existing clients that still needed assistance, as well as students who were taking the clinic as a module. Furthermore, we wanted to continue servicing the community. To consider converting to a remote service, there are fundamental questions a university clinical programme must address: Why does the clinic exist? What are the goals of the clinic and can they still be achieved by a remote service? This paper outlines the process of converting our in-person clinic to a remote service, by detailing steps taken such as developing a remote operating student training manual, establishing a new case triage system, utilising Zoom sessions, and developing a user focused website. It reflects upon the process of finding effective ways of communicating and collaborating with students and clients, while managing and mitigating the potential barriers to technology. Both the successes and the challenges taught us more about the human connection and the human experience. Ultimately, the lessons learned from a swift shut down to reopening a fully remote clinic made us better organised, better communicators, and more accessible for clients. Once we safely return to in-person meetings, the value gained in providing a remote service will remain embedded in our offering, committing us to a hybrid service of in-person and remote meetings to provide a better service to our clients. For the next academic year, our strengthened service enables us to move seamlessly between a fully remote service and our new hybrid model with minimal disruption, should COVID-19 continue to cast a dark cloud.
McCarthy, Claudine, ‘Know How to Address Legal Issues Related to E-Learning during Pandemic’ (2021) 21(6) Campus Legal Advisor 1–5 Abstract: The shift from in-person to remote learning solutions has made it more important than ever to understand the role copyright laws play in online class presentations, Jeffrey D. Peterson, Esq., a Partner with the law firm of Michael Best & Friedrich LLP in Wisconsin, explained during a webinar hosted by the Employment Law Alliance.
McDuffie, Lynee, ‘Recognizing Another Black Barrier: The LSAT Contributes to the Diversity Gap in the Legal Profession’ (SSRN Scholarly Paper ID 3823292, 9 April 2021) Abstract: Imagine working your entire life with the purpose of building the house of your dreams. The ability to pursue this ‘calling’ has been granted through your tremendous hard-work and dedication to your craft. In fact, building this dream home has been the final culmination of all that you have worked towards over the past several years. Now imagine, you have successfully built the foundation of the house, and began to lay the pipeline for the plumbing. Just as the plumbing was coming together, there was one exact piece that was missing, a coupling, which would be required to connect the pipes. Since pipelines are the heartbeat of all functionality within a house, without the coupling, the incomplete plumbing may diminish the potential of all that your dream house was meant to become. Thus, hindering the dream. Similarly to a person that has a dream of becoming a lawyer. The ability to pursue this calling would be directed through the education pipeline. After obtaining an Undergraduate degree through tremendous amount of hard-work and dedication, the Law School Admission Test (LSAT), a coupling to the next education pipeline, is required for applicants to take when applying to law school. But, what if the LSAT is a faulty coupling that presents a major leak in the education pipeline? This standardize test has revealed years of racial bias from the disturbing score gaps between white and minority applicants. The LSAT has shown to have test biases within the questions that appear in the form of language interpretation, which contains culturally stereotypic language, situations, and structural components. As a result of these biases, there has been a disproportionate amount of lower scores by minorities, which hinders the chances of being accepted into law school. Thus, presenting a leak in the education pipeline that disconnects minorities from achieving their dreams of practicing law. Because of COVID-19, the Law School Admission Council is offering the LSAT online, remotely proctored in place of being in-person. This unexpected change should bring discussion in today’s society about the overreliance on LSAT performance. Institutions should develop new and equitable means to evaluate an applicant’s ability to do well in law school, without disproportionately excluding minorities. Without admission modifications, minorities will continue to remain at a disadvantage when applying to law school.
McFaul, Hugh et al, ‘Taking Clinical Legal Education Online: Songs of Innocence and Experience’ (2020) 27(4) International Journal of Clinical Legal Education 6–38 Abstract: In common with the wider higher education sector, clinical legal education practitioners are facing the challenge of how to adapt their teaching practices to accommodate the restrictions imposed by governmental responses to the Covid-19 pandemic. Facilitating distance learning via online technologies has unsurprisingly become an area of increasing interest in the hope that it may offer a potential solution to the problem of how to continue teaching undergraduates in a socially distanced environment.This paper seeks to provide clinical legal education practitioners with evidence-based insights into the challenges and opportunities afforded by using digital technologies to deliver clinical legal education. It adopts a case study approach by reflecting on the Open Justice Centre’s four-year experience of experimenting with online technologies to provide meaningful and socially useful legal pro bono projects for students studying a credit bearing undergraduate law module. It will analyse how a number of different types of pro bono activity were translated into an online environment, identify common obstacles and posit possible solutions. In doing so, this paper aims to provide a timely contribution to the literature on clinical legal education and offer a means to support colleagues in law schools in the UK and internationally, who are grappling with the challenges presented by taking clinical legal education online.
McGee, Robert W, ‘Does Closing a University Because of the Corona Virus Constitute Negligence or a Breach of Fiduciary Duty?’ (SSRN Scholarly Paper No ID 3590805, 1 May 2020) Abstract: This paper reviews the current Corona virus situation, then examines the legal definitions of negligence and fiduciary duty in an attempt to determine whether closing a university because of health concerns over the Corona virus might result in legal liability for the university’s board members and relevant university administrators.
McGullam, Ian, ‘Cold Calling through a Pandemic: Faculty and Students Navigate Legal Education in the COVID-19 Era’ (2021) 46(Spring) Cornell Law Forum 12–19 Abstract: The COVID-19 pandemic overtook Cornell Law School in earnest in March 2020. Over the past year, students and professors have had to adapt to radical changes in what getting, and giving, a legal education means— first with the overnight transition to online-only classes, and then, as students were able to return to campus in the fall, in figuring out how to integrate online and in-person students into a cohesive whole. As the anniversary of that first abrupt shift rolled around, the Cornell Law Forum spoke to faculty, students, and staff about how the Pandemic Year That Was reshaped the experience of teaching law, and of learning it.
McNamara, Judith, Rachel Hews and Zoe Nay, ‘Student Engagement, Online Learning and COVID-19: A Law School Perspective’ in C Raj Kumar and SG Sreejith (eds), Legal Education and Legal Profession During and After COVID-19 (Springer, 2021, forthcoming) Abstract: During the COVID-19 pandemic, law classrooms around the world underwent a major shift to transition rapidly to online learning as a result of campus closures and lockdowns. Learning in Law Schools was (and in some places still is) largely being undertaken online. This chapter will explore the impact of ‘emergency remote teaching’ on law student engagement and present the findings of a project undertaken in 2020 in a period during the pandemic when students were learning wholly online. The project sought to understand how student engagement was impacted by online learning. It provides insights into how law teachers and law schools can learn from the experience to enhance the law curriculum by adopting student centred and innovative approaches to online teaching.
McPeak, Agnieszka, ‘Adaptable Design: Building Multi-Modal Content for Flexible Law School Teaching’ (2021) 65 St. Louis University Law Journal (forthcoming) Abstract: This essay discusses ways to build course content that can easily toggle between face-to-face and online modes of instruction. It is meant as a quick, practical guide for law professors faced with challenging teaching circumstances due to Covid-19 and campus closures. This idea for ‘adaptable design’ is based largely on my own experience moving face-to-face courses online. I try to avoid delving too much into technical definitions and pedagogical theory, instead focusing on personal experience and examples. Although Covid-19 has created an immediate need for adaptable design, I hope this essay proves to be a resource beyond our immediate reactions to a global pandemic and can be useful for anyone seeking to innovate in their law school courses.
McPeak, Agnieszka, ‘Adaptable Design: Building Multi-Modal Content for Flexible Law School Teaching’ (2021) 65(3) Saint Louis University Law Journal 561–584 Abstract: This essay discusses ways to build course content that can easily toggle between face-to-face and online modes of instruction. It is meant as a quick, practical guide for law professors faced with challenging teaching circumstances due to COVID-19 and campus closures, but with long-term applicability as law schools continue to expand online and hybrid course offerings. This idea for ‘adaptable design’ is based largely on my own experience moving face-to-face courses online. I try to avoid delving too much into technical definitions and pedagogical theory, instead focusing on personal experience and examples. Although COVID-19 has created an immediate need for adaptable design, I hope this essay proves to be a resource beyond our immediate reactions to a global pandemic and can be useful for anyone seeking to innovate in their law school courses.
McPeak, Agnieszka, ‘Asynchronous Online Law School Teaching: A Few Observations’ (SSRN Scholarly Paper ID 3553094, 12 March 2020) Abstract: This short paper discusses my experiences designing asynchronous online law school courses. It is meant to serve as a quick resource for professors moving classes online to deal with Covid-19 live class cancellations.
Menhennet, Katerina (ed), Knowledge Management in Law Firms: Challenges and Opportunities Post-Pandemic (Globe Law and Business, 2023) Link to book page on publisher website
Book summary: Strategies for gathering and harnessing knowledge have existed in law firms for decades. However, knowledge management suddenly found itself in the spotlight as a result of the COVID-19 pandemic. Enforced remote working reduced opportunities for knowledge sharing between colleagues and this gap was filled with knowledge databases and experienced knowledge lawyers. Now that hybrid and virtual workforces are here to stay, these new working practices have combined with technological developments, enhanced demand, and the transformation of how to access knowledge to drive the advancement of knowledge management into a new era.Knowledge Management in Law Firms: Challenges and Opportunities Post-Pandemic is the essential guide to the evolution of law firm knowledge management. It covers how to revisit your strategy in light of recent and future changes, the expansion of knowledge management to encompass legal tech and innovation, the rise of the importance of data, strategies for overcoming the challenges hybrid and virtual working pose to knowledge management, managing knowledge teams, and much more. Chapters are written by an international group of KM experts from a range of organisations and leading law firms, including DLA Piper, Linklaters, and Dentons. Pandemic experiences and lessons learnt are shared as well as ways to approach the future. Knowledge is at the heart of the legal profession, and this book provides guidance on how to prepare for and thrive in the knowledge management practices of the future, overcoming the obstacles and embracing the opportunities that have arisen from or been accelerated by the pandemic. Through demonstrating how effective knowledge management can help firms exceed client expectations, differentiate themselves in the competitive market, and, ultimately, improve their bottom line, this title will be of interest to knowledge management professionals including professional support lawyers, law firm leaders, partners and fee earners, and, outside of law firms, in-house lawyers and consultants.
Miceli, Antonia, ‘From a Distance: Providing Online Academic Support and Bar Exam Preparation to Law Students and Alumni During the COVID-19 Pandemic’ (2021) 65(3) Saint Louis University Law Journal 585–605 Abstract: At its core, an academic support program’s mission is to help students improve their academic performance. But academic support programs also serve a broader purpose. They serve as a bridge between students, faculty, and staff, supporting faculty in their curriculum and course development and nurturing the connections between members of the law school community. They often develop and improve relations with alumni through bar exam preparation efforts. And, sometimes, they are even involved in the recruiting of new students. Through all of these interactions with students, faculty, staff, and alumni, academic support programs foster a sense of community within the law school. This Article introduces the reader to the field of law school academic support and explains the academic support program at SLU Law, both pre- and post-COVID-19. It then focuses on three areas that were the most critical to shifting the SLU Law academic support program online in the wake of the pandemic: (1) building a community with and for our students, (2) translating our physical space into an online presence, and (3) building online courses and adapting our programming while considering new questions of accessibility.
Mika, Karin, ‘The Pandemic and Resisting the Lure of the 24/7 Legal Writing Professional’ (2021) 34(2) Second Draft 1–4 Abstract: Like most of my colleagues who switched to Zoom classes almost overnight in March 2020, my life changed very dramatically when quarantine began. The various conferences I had planned to attend fell like dominoes, and our University announced a policy that it would not approve any travel for the foreseeable future. The school was locked down overnight. Thus, with all of my plans cancelled indefinitely (including going anywhere at all), I was left with a lot of scheduled time that suddenly became unscheduled time. Because I have only adult children, my unscheduled time, not surprisingly, was mostly dedicated to teaching and attending the seemingly endless meetings that could now be scheduled at any time because of Zoom. In fact, during the first month of quarantine, my meeting schedule quadrupled immediately as we worked through how our law school would deal with remote learning and student needs. As my meeting schedule increased, so did the adrenaline that came from being in crisis mode. It was not merely that I felt needed, but I felt essential not only to the law school but in keeping my students afloat in uncertain times. Now, with live classes likely for most in Fall 2021, we need to shift away from essential, 24/7 mode -making sure that the heightened performance from this heightened period of time does not become an expectation.
Mikić, Ivana, ‘Legal, Library, and Accounting Barriers of e- Books for e-Learning during COVID-19 at Polytechnic in Pozega’ (2022) 8(1) ENTRENOVA - ENTerprise REsearch InNOVAtion 138–145 Jurisdiction: Croatia
Abstract: The sudden and rapid appearance of COVID-19 surprised many, so the whole world switched to the digital environment at one point. Business meetings, classes, and social events took place via the Internet. In such an environment, e-books have played a major role in responding to distance learning. But the e-book is still a novelty in both the library and accounting businesses. In this paper, we will give an overview of legal, technical, library, and accounting issues that e-book brings and try to answer how to solve them and how to ensure the availability of e-books in the long term. We will also show how this affected students in the learning process.
Moore, Jean, ‘Reflections on Risk and Resilience: A Law School Writing Centre’s Learning from the Covid-19 Storm’ in Avasha Rambiritch and Laura Drennan (eds), Reimagining Writing Centre Practices: A South African Perspective (ESI Press, 2023) 161–194 [open access book] Abstract: Drawing on two framing concepts – risk and resilience – this chapter reflects on the work and experiences of this discipline-specific writing centre before, during and after the Covid-19 pandemic. What follows is a brief articulation of the conceptual framework and the methodological tools of reflection and reflexivity. Thereafter, each of the three phases – before, during and after the Covid-19 pandemic – of the Centre are reflected upon. Four aspects of the Centre’s work are considered during each phase: teaching, assessment, writing mentor training and writing centre consultations. The chapter concludes with an overview of the learning from these reflections that we are using to consolidate and reimagine the writing centre as we emerge from the Covid-19 storm.
Murai, Maiko, ‘The Current Situation of Japanese Copyright Law Regarding Internet Transmission of Library Materials – The Amendment to the Copyright Act in 2021’ (2024) 73(10) GRUR International: Journal of European & International IP Law 917–927 Abstract: The COVID-19 pandemic prompted Japan to review Art. 31 of the Copyright Act in 2021, which pertains to limitations on copyright for library usage. As a result, access to library materials via the internet became legally permissible within certain limits. Specifically, the amendment allows (1) the National Diet Library to transmit rare or out-of-print materials to individuals on the internet; and (2) libraries and similar facilities to provide users with public transmission services (transmitting portions of copyrighted works to users for research or study purposes). This article introduces the revisions made to Art. 31 in the 2021 amendment, explains the current situation regarding internet transmission of library materials in Japan, and explores future issues. Transmission via the internet is not subject to physical or locational constraints. The provision of library materials via the internet will thus involve considering how to position and organize the relationship between the individual transmission service for rare or out-of-print library materials by the National Diet Library and public transmission services by individual libraries.
Murchison, Melanie et al, ‘Remote Learning in Law School during the Pandemic: A Canadian Survey’ (2022) 8 Canadian Journal of Comparative and Contemporary Law 148–191 Abstract: The COVID-19 pandemic has reshaped the Canadian debate regarding best practices in incorporating technology into legal education. Canadian educators have now had the chance to reflect on online pedagogy and look beyond the pandemic when we consider how technology will continue to shape legal pedagogy in the future. To this end, the authors conducted a national survey of law students aimed at better understanding the online learning experience, overall satisfaction levels with their legal education, and to thoroughly assess whether students are satisfied with an online legal education. This article presents the result of that survey. The data show that interactivity matters to students and the overall preference is for in-person learning. Analyzing the various delivery models, our study further suggests that students prefer weekly uploaded video lectures over audio only content, and power points were felt to be essential to online learning. We further learned that videoconferencing was the preferred mode of remote learning, with Zoom being the preferred platform.
Murphy, Tonia Hap, ‘Law in the Time of Coronavirus: How and Why to Cover Covid-19 Disruptions in a Business Law or Legal Environment Course’ (2020) 3(1) Journal of Business Law and Ethics Pedagogy [unpaginated] Abstract: The 2020 COVID-19 pandemic presented an array of legal challenges for businesses. Students have a natural interest in relating the virus that has upended their lives to classroom material. This article contains guidance and several detailed exercises for covering coronavirus-related issues in Business Law/Legal Environment courses. The links to over fifty resources, including video clips, court rulings, government and law firm advisories, news reports, law reviews, company press releases and actual contracts, enable professors to incorporate coverage of the pandemic in a knowledgeable, sensitive and effective manner—integrating legal concepts with broader practical and strategic questions.
Myronets, Oksana M et al, ‘Current Issues and Prospects of Modern Higher Legal Education in Conditions of the Fight against COVID-19’ (2020) 37(65) Cuestiones Políticas 438–456 Abstract: The purpose of the document is to determine the current problems and the possible directions for the development and improvement of higher legal education in the modern challenges and conditions of the pandemic and post-pandemic of COVID-2019, under the hypothesis that the upcoming emergency is affirmed again. General-scientific and special-legal methods of cognition have been used. Through the use of the dialectical method, the current problems of modern legal education have also been identified, their foundations have been investigated and instructions have been sought to improve legal education and the quality of young lawyers in the educational environment of the pandemic. In conclusion, it is highlighted that the findings found in the research can be useful for higher education teachers who are constantly adapting to the new conditions of professional activity in the field of legal education, in the scene of pandemic and the ordering after the pandemic, with particular emphasis on specialists focused on developing suggestions and improving the quality of legal education in the context of the global challenges imposed by COVID-2019.
Nathenson, Ira, ‘Teaching Law Online: Yesterday and Today, But Tomorrow Never Knows’ (2021) 65(3) Saint Louis University Law Journal 607–642 Abstract: Although the role of ‘online’ in legal education has grown over the past several decades, online teaching became a lifeline in Spring 2020 when the COVID-19 pandemic shuttered classrooms nationwide. Online teaching is now necessary, but also problematic. Schools and teachers therefore need to carefully consider how to make effective use of online tools and techniques. This essay reflects on the author’s career-long experiences in online law teaching, much of which predates the COVID-19 pandemic. ‘With a little help’ from a Beatles song or two, the essay reflects the yesterday, today, and tomorrow of online legal education. It closes with that most scholarly of prescriptions: The Beatles’ Top Ten hits relevant to teaching online.
Ncube, Caroline, ‘The Musings of a Copyright Scholar Working in South Africa: Is Copyright Law Supportive of Emergency Remote Teaching?’ (Afronomicslaw COVID-19 Symposium on International Economic Law in the Global South (May 2020), Symposium II: Intellectual Property, Technology and Agriculture) Introduction: As we were reminded on twitter recently, The Statute of Anne, the world’s first copyright law, came into effect on April 10, 1710, three centuries and a decade ago. Its title reads in part, ‘An Act for the Encouragement of Learning…’. The veritable links between copyright and the right to education have been established by several scholars …The Statute of Anne is a forebear of South African copyright law which has its roots in English copyright law … Against this background, this post asks ‘is copyright still true to its original intent and is it supportive of emergency remote teaching in alignment with the right to education?’
Neacsu, Dana, ‘Social Services and Mutual Aid in Times of Covid-19 and Beyond: A Brief Critique’ (Duquesne University School of Law Research Paper No 2021–04, 2021) Abstract: May 19, 2021, marked a crucial point in the United States’ fight against the COVID-19 pandemic: sixty percent of U.S. adults had been vaccinated. Since then, Americans have witnessed the beginning of the end of the COVID-19 pandemic, but its long-term effects are here to stay. Ironically, some are unexpectedly welcome. Among the lasting positive changes is an augmented sense of individual involvement in community well-being. This multifaceted phenomenon has given rise to #BLM allyship and heightened interest in mutual aid networks. In the legal realm, it has manifested with law students, their educators, lawyers, and the American Bar Association (ABA) proposing new educational standards: law schools ought to build a curriculum centered on social justice, equity, diversity, and inclusion rather than the traditional fixation of ‘thinking like a lawyer’ law programs. Unfortunately, it has also put volunteerism at odds with government-provided welfare services. This article addresses this paradox and calls for improved systemic services for a systemic problem, poverty.
Neacsu, Dana and James M Donovan, ‘Academic Law Libraries and Scholarship: Communication, Publishing, and Ranking’ (2020) 49(4) Journal of Law and Education (forthcoming) Abstract: The context in which academic libraries operate is fast evolving, and the current COVID pandemic has underscored the new demands on libraries to reinvent themselves and their scholarship role. The library’s role has always been focused on scholarly dissemination and preservation, more recently by archiving their faculty work on mirror sites known as academic repositories. Libraries connect scholarship and users by offering the space for users to come and use the archived knowledge. However, if historically their role was to collect and provide secure access to sources, that role is in the midst of radical transformations. In our age of the Internet, the connection between knowledge and library users has become more complex. First, users have formed attachments to print or digital knowledge according to the type of reading they engage in, moving fluidly from one to the other. In that respect, as James M. Donovan has recently explained, the library space remains an intrinsic facilitator of a type of academic reading. Second, when knowledge is accessed digitally, the flow of content becomes decentralized. Instead of expecting their needs to be found in the library, users seek out resources wherever they may be stored, anywhere on the planet. More interestingly, technology enables users to develop a different connection to the digital content, creating it while accessing it, from the mere ‘likes’ or ‘dislikes’ to virtual annotations through reader comments, for instance. Either way, libraries are seeing their passive intermediary role dissipate: even when shelving knowledge, as this article advocates, libraries may choose to become engaged in new ways as active participants in the scholarship enterprise. After reviewing the background against which these challenges have appeared, we suggest that libraries define for themselves a more active role within scholarship production, which we define to include publication, distribution, access, and the process of scholarship impact assessment. The argument rests on the practical considerations of business organization. It is simply good business for law schools to curate the output of faculty scholarship, and many already do it through faculty repositories. Given that foundation, it seems logical for the library, as the institution which already manages those repositories, and which supports the students’ law reviews and journals in numerous ways, to step up and manage the full range of scholarship publication. This library management of student-edited scholarship production could cover all its aspects, excluding editorial publication decision and manuscript editing, from training and assisting to gather sources for cite checks, adding journal content to institutional platforms, administering technology services, and advising on copyright.Another reason for supporting a more active role for libraries in the scholarly enterprise rests on the flaws of the current academic ranking of scholarship. Without human input, no automated system—including the newly-promoted Hein database—can meaningfully contextualize the value of a citation. For instance, only librarians can find the equivalent (if any) of scholarship cited and reviewed in the NEW YORKER or the NEW YORK REVIEW OF BOOKS among scholarship cited in another law journal or review article, or calibrate the value of an article citation in a court decision. To the extent there is agreement that quantifying scholarship citation impact requires human expertise, then we argue for librarian expertise.
Nejdl, Clanitra Stewart and Edna L Lewis, ‘Academic Law Libraries and the Early Days of the COVID-19 Pandemic’ [2020] (Sept-Oct) AALL Spectrum 16–19 Abstract: The authors detail how two academic law libraries, Vanderbilt University Law Library and UC Berkeley Law Library, adjusted their services to law faculty and law students at the beginning of the COVID-19 pandemic.
Netzel, Natalie et al, ‘Mitchell Hamline School of Law Summer 2020 COVID-19 Legal Response Clinic’ (2021) 28(1) Clinical Law Review 301-328 Abstract: This essay is a reflection on lawyering in a time of crisis. It details the Mitchell Hamline School of Law Clinical Faculty's response to the community needs resulting from the COVID-19 pandemic by creating the COVID-19 Legal Response Clinic. It also recounts the impact of the murder of George Floyd and the long overdue national reckoning with systemic racism, sparked in our city. Additionally, against this backdrop, it examines the trauma-informed approach taken in clinical work and the classroom to help students process their own trauma and apply this approach in their work with clients. Amid these concurrent crises in our city and country, five clinicians and eleven law students came together through the COVID-19 Legal Response Clinic to serve the community, working on a variety of issues including domestic violence, unemployment, workplace safety, and conditional medical release from prison. With the passage of time, this essay reflects, one year later, on the experience of renewed purpose and optimism through caring for our community, our students, and each other in an otherwise dark and challenging time.
Neumann, Richard K, ‘Violations During the Pandemic of Law School Faculties’ Authority to Decide Methods of Instruction’ (Hofstra University Legal Studies Research Paper (forthcoming), December 2020) Abstract: During the pandemic, some universities have required as much ‘in person’ teaching as possible everywhere on campus — including a university’s law school. Universities and their administrators who did this were wrong for three reasons. First, their fears that students would not enroll unless taught ‘in person’ turned out to be unfounded. National postgraduate and professional school enrollment, including law school enrollment, actually increased even though almost half the country’s colleges and universities began the fall semester or quickly went primarily or entirely online. Second, these weren’t decisions about public health alone. They were also decisions about the quality of education. ‘In person’ usually turned out to be an untested and primitive form of hybrid instruction that has no track record and has never been used on any scale before. During the pandemic the choice has never been between genuine ‘in person’ teaching and online teaching. Public health concerns continually put some students online because of contagion risks. The real choice has been between fully online teaching (nobody in a classroom) and simultaneous hybrid teaching (some students in a classroom while others participate online). In many but not all situations, simultaneous hybrid teaching is demonstrably worse than fully online teaching. Third, university administrators who made unilateral decisions about methods of instruction violated basic rules on shared governance under the nationally authoritative 1966 AAUP Statement on Government of Colleges and Universities. The AAUP has already begun investigating some colleges and universities on this basis. And to the extent a university’s unilateral decisions included a law school, the university’s actions also violated the American Bar Association’s accreditation standards and the Association of American Law Schools’ Bylaws. A law school needs ABA accreditation for its graduates to take the bar exam, and nearly all law schools are AALS members. The ABA accreditation standards and AALS Bylaws combine to require that decisions about modality — modes of teaching — be made by a law school’s faculty, not by administrators elsewhere and imposed on the law school.
Nguyen, Thanh Khuong, ‘E-Learning Satisfaction during the Covid -19 Epidemic: Evidence from a Vietnam-Based Law School’ (2022) 2(3) International Journal of TESOL & Education 167–182 Abstract: The purpose of this research is to investigate the association between system, information, service quality, perceived ease of use, perceived usefulness, and learner satisfaction with e-learning in Vietnam during the Covid-19 era. The research collected 612 answers from current law students at Ho Chi Minh University of Law using a questionnaire-based survey and sampling by convenience. To validate the hypotheses, structural equation modeling was used. Except for the association between system quality and learner satisfaction, all quality factors were shown to positively impact learner satisfaction. In addition, the present research demonstrated that perceived usability and value moderate the link between quality and students’ partial and complete satisfaction. This is the first research to examine the relationship between perceived ease of use, perceived usefulness, and student happiness in a platform-based setting. In addition, this research has major implications for education administrators who want to successfully retain students by bolstering the elements that contribute to student satisfaction with online learning.
Nixon-Jones, Latisha, ‘Beyond Recovery: Reimagining the Legal Academy’s Role in Disaster Law’ (2020) 71(3) Cleveland State Law Review 571–662 Abstract: This Article proposes expanding the legal academy’s role in responding to disasters and emergencies, specifically through creating disaster clinics that take a community-based lawyering approach. The Article is one of the first to identify the need for community-based disaster legal clinical education that goes beyond the immediate response phase. It also proposes creating a disaster legal pipeline from the clinic through post-graduation employment. The Article furthers the literature’s discussion of the need for sustained disaster legal education. As the global pandemic caused by COVID-19 coronavirus continues to impact vulnerable populations and the frequency of natural disasters continues to increase, this Article provides a blueprint to law school faculty and administrators on the process of starting a new clinic or redesigning an existing clinic into a long-term disaster-related clinic. Additionally, the Article provides a timeline of disaster legislation that has evolved to provide a robust background for seminar courses. The Article draws from the author’s expertise in creating two disaster clinics and multiple disaster and environmental justice courses. The Article looks at the creation of the disaster legal clinic, examines the evolution of the popular Equal Justice Works disaster corps, and provides best practices for designing the course. The Article provides insight on the distinctive ability of law schools to foster community-based solutions, as demonstrated through the lens of successful clinics.
Nottage, Luke R and Makoto Ibusuki, ‘Comparing Online Legal Education World-Wide: An Overview Before and after the Pandemic’ in Luke R Nottage and Makoto Ibusuki (eds), Comparing Online Legal Education: Past, Present and Future (Intersentia, 2023) [draft chapter]Jurisdictions: Australia, Brunei, Canada, Croatia, Cyprus, Hong Kong, Italy, Japan, Macao, Malaysia, Pakistan, Seychelles, Singapore
Abstract: This draft General Report for the October 2022 IACL conference (and for introductory and concluding chapters in a related Intersentia series co-edited book) compares the global development of online legal education before and after the COVID-19 pandemic, particularly in universities but also through professional bodies. As significant background factors, it posits the nature of each jurisdiction’s legal system and profession, resourcing of universities, ICT infrastructure, and evolving pandemic impact. It then compares highlights and lowlights from 13 diverse jurisdictions: eight in the Asia-Pacific region and four elsewhere. The General Report concludes with a discussion of common trends and issues, as well as some intriguing divergences and contingencies, and an overall prognosis given the pros and cons revealed by the pandemic-induced shift towards more online legal education.
Nottage, Luke R and Makoto Ibusuki (eds), Comparing Online Legal Education (Intersentia, 2023)Link to book page on publisher website
Book summary: This pioneering work by leading comparative lawyers examines developments in online legal education, particularly in universities but also in professional associations, before and especially after the COVID-19 pandemic. The book posits and largely confirms that transformations are linked to the extent and scope of respective legal professions (often, but not always, correlating to common versus civil law traditions), funding and other aspects of university-level education, and information and communications technology infrastructure in each jurisdiction. It charts the dramatic shift to online legal education in almost all jurisdictions even with different levels of COVID-19 infections and deaths, or mobility restrictions imposed by law and/or social norms. It also details how law teachers and students adapted to the challenges and opportunities of new technologies and practices, sometimes benefitting from serendipitous earlier events supporting online legal education, and a considerable ‘reversion to the mean’ as the pandemic has abated. The special reports incorporate extensive empirical data, including surveys on online legal education experiences. They cover 13 jurisdictions across the Asia-Pacific region (Australia, Canada, Brunei, Malaysia, Singapore, Hong Kong, Macao, Japan and Pakistan), Europe and beyond (Croatia, Cyprus, Italy and Seychelles), ranging from micro-states to very large economies, at various stages of economic development and from different legal traditions. Comparing Online Legal Education provides rich resources and lessons for legal academics and professionals, as well as those involved in education policy.
Obaid, Tareq, Rabah Abdaljawad and Mohanad Abumandil, ‘Higher Education Under Quarantine: What Insights Palestinian Institutes Can Share?’ (SSRN Scholarly Paper No ID 3665685, 2 August 2020) Abstract: The spread of the coronavirus disease known as COVID-19 is a public health emergency with economic and social ramifications in Palestine and across the world. While the impacts on business are well documented, education is also facing the largest disruption in recent memory.The COVID-19 is significantly disrupting all aspects of higher education, fundamentally changing how universities operate by sparking the boom of online learning. The impact of this disruption is necessarily transformative, requiring us to rethink how we learn has been an issue of growing importance for many years. The coronavirus and ensuing lockdown currently in effect means that rethinking education is no longer something for a fun offsite in a nice hotel at the end of the semester, but an existential challenge to every dean and president and headmaster and principal around the world. Right now Universities are shuttered. Exams are canceled. Layoffs of professors and teachers will inevitably follow. Brand-name schools will, in time, bounce back. Many other less prestigious places will never reopen their doors. At this moment of extreme peril, and in the spirit of turning crisis into opportunity, educators and administrators at every scholastic level – and those responsible for training employees in the wider workforce – must urgently reassess their existing practices and protocols. They need to reimagine how to operate in a world of remote presence, social distancing and considerable economic stress.
Obiaraeri, Nnamdi Onyeka and Chinyere Obiaraeri, ‘Rethinking the Future of Legal Education in Nigeria in a Covid-19 Pandemic Era’ (2022) 3 International Journal of Law and Clinical Legal Education 9–18 Abstract: The paper examined the future of legal education in Nigeria against the wake of the COVID-19 pandemic that ravaged the globe and reordered the way things are done including imposition of complete or partial lockdown and ban or restrictions on mass gatherings to stop its spread. The myriads of problems and challenges that confront legal education in Nigeria were identified including the fundamental fact that education is presently nota justiciable right under the Nigerian constitutional order in contradistinction to what a comparative study of the constitutions of other African countries like Uganda, South Africa, Kenya and Ghana reveal. Using the doctrinal method of analysis of the comparative constitutional, statutory and case law authorities on the subject matter, the paper viewed among other things that there must be a paradigm shift via constitutional amendment on how the right to education is protected in Nigeria and further recommended hands-on solutions to legal education in Nigeria including adoption of online learning and examination techniques to reduce physical contact, avoid community spread and maintenance of social distancing consistent with COVID-19 protocols.
O’Byrne, Nicole and Alden Spencer, ‘Leaving the Classroom Behind? Lessons Learned from Designing an Online Law and Film Webinar Series’ (2020) 25(4) Lex Electronica 104–110 Extract: If anything, the current crisis reminds us all that we need to listen to our students if we are going to adequately respond to their needs. Over the past few weeks, our law faculty administration has since taken steps to respond more sensitively to student needs. Our Health and Wellness Committee has surveyed the students and created a database of available university, community, and provincial resources. We managed to triage the end of the semester. However, we must take more measured steps as we plan for the upcoming academic year. We are very lucky at UNB to have a small, collegial faculty where students, staff and faculty work well together. I am confident that we can tackle the challenge of moving our program online if we listen to the students and prioritize their needs.
Odeku, Kola O, ‘Using Blackboard Collaborate for Law Pedagogy Amid a Spiraling Covid-19 Pandemic in a Historically Disadvantaged Black South African University’ (2021) 11(3) Journal of Educational and Social Research 241–251 Abstract: The COVID-19 continues to threaten and ravage human beings and all aspects of human existence and activities of which the educational sector is one of the hardest hit. This notwithstanding, the sector has decided to deal decisively with the various challenges such as the continuation of law pedagogy amid the pandemic. This paper emphasizes the uniqueness of providing and delivering law pedagogy predominately through online resources and tools in virtual classroom settings and spaces. The paper established that the traditional in-person, face-to-face classroom settings and spaces have been disrupted by the pandemic and as such, innovative methods of delivering law pedagogy such as the use of one of the most potent pedagogical tools, the Blackboard Collaborate (BC) to conduct and deliver law modules to law students becomes imperative. This paper examines the novel system, its challenges, and prospects.
Odeku, Kolawole Sola, ‘Conducting Law Pedagogy Using Virtual Classroom in the Era of COVID-19 Pandemic: Opportunities and Existing Obstacles’ (2021) 11(1) Journal of Educational and Social Research 101–112 Abstract: Globally, the coronavirus (COVID-19) pandemic is disrupting the way of life, affecting not only humans’ health, but also the education sector and law pedagogy is no exception. In South Africa, before the COVID-19 pandemic, most pedagogies at the universities were being conducted face-to-face. The pandemic has inadvertently exposed the strengths and weaknesses of university in conducting pedagogies. Consequently, various educational institutions became creative, using their ICT staff to train teaching staff members on how to use various multi-modal technologies and devices to conduct pedagogy as face-to-face pedagogy is restricted. Law lecturers who pride themselves in conducting pedagogies through face-to-face were also coopted and retrained considering that most of the law lecturers are broadly conservatives and not technologically savvy. There is paucity of any scholarly information from law as a discipline hence, this paper fills the lacuna by looking at law pedagogy in the era of COVID-19 pandemic.
Okoh, Michele and Ines Ndonko Nnoko, ‘The Need for Social Support from Law Schools during the Era of Social Distancing’ (2021) 16(1) FIU Law Review 117–132 Abstract: Law students have been faced with unparalleled stress during the syndemic. They must cope with being students during the COVID-19 pandemic but also must deal with stress related to social and political unrest. This essay recommends that law schools apply social support theory in developing interventions to effectively address the needs of law students now and in the future. Social support theory focuses on the value and benefits one receives from positive interpersonal relationships. These positive relationships impact both mental and physical health and promote beneficial short and long-term overall health. However, not all supports are the same, and social support theory can inform law schools on how to properly deploy support to students. There are four categories of social support under this theory: emotional, instrumental, informational, and appraisal support. Emotional support includes offering comfort and empathy. Instrumental support entails providing someone with tangible forms of support, such as money or equipment. Informational support is educating or advising someone. Appraisal support is assisting in self-evaluation, such as by providing feedback. Law schools typically provide informational and appraisal support. However, with students living in a world where outside support may be limited due to social distancing, law schools must be prepared to enhance their offerings to students by providing all forms of support. Law schools must also be aware that there is a difference between perceived support and received support. Perceived support is based on one’s expectation of receiving support when needed, while received support is related to the actual delivery of support at the time it is needed. Perceived support is most positively associated with beneficial health outcomes. Health outcomes are more variable in relation to received support, in some cases even negative. This perceived support is especially important during a pandemic because it may improve student health outcomes, including potentially reducing mortality. To be effective in promoting wellbeing through the provision of social support, law schools cannot simply focus on the efficient delivery of essential instruction but rather must foster the expectation among its law students that it will provide all necessary forms of support.
Onwuachi-Willig, Angela, ‘The Intersectional Race and Gender Effects of the Pandemic in Legal Academia’ (2021) 72(6) Hastings Law Journal 1703–1715 Abstract: Just as the COVID-19 pandemic helped to expose the inequities that already existed between students at every level of education based on race and socioeconomic class status, it has exposed existing inequities among faculty based on gender and the intersection of gender and race. The legal academy has been no exception to this reality. The widespread loss of childcare and the closing of both public and private primary and secondary schools have disproportionately harmed women law faculty, who are more likely than their male peers to work a ‘second shift’ in terms of childcare and household responsibilities. Similarly, women law faculty were more likely to feel the effects of the financial exigencies that universities and law schools faced during the pandemic because of their disproportionate representation in non-secure, meaning non-tenure-stream, faculty positions. Furthermore, the rapid switch to remote teaching and learning, particularly during spring 2020, had a more detrimental effect on women in part because of the persistent gender bias that women law faculty, who teach a larger percentage of required and survey courses, encounter in student teaching evaluations and in part because women tend to be more engaged in the mental health and emotional caretaking of students, which significantly increased during the pandemic. Even the actions that law schools took during the pandemic to provide relief to faculty, such as automatic extensions to the tenure clock for all faculty, place women more at risk than men for harmful impacts on factors like pay equity. In all, this Essay briefly analyzes how factors such as limited childcare, remote learning, the greater caretaking needs of students, plus other pandemic-related effects, have worked to exacerbate previously existing gender and intersectional gender and race inequities between men and all women in legal academia and between white men and women of color.
Oranburg, Seth, ‘Distance Education in the Time of Coronavirus: Quick and Easy Strategies for Professors’ (Duquesne University School of Law Research Paper No 2020–02, 2020) Abstract: A worldwide pandemic is forcing schools to close their doors. Yet the need to teach students remains. How can faculty – especially those who are not trained in technology-mediated teaching – maintain educational continuity? This Essay provides some suggestions and relatively quick and easy strategies for distance education in this time of coronavirus. While it is written from the perspective of teaching law school, it can be applied to teaching other humanities such as philosophy, literature, religion, political theory, and other subjects that do not easily lend themselves to charts, graphs, figures, and diagrams. This Essay includes an introductory technology section for those techno-phobic faculty who are now being required to teach online, and it concludes with five straightforward steps to start teaching online quickly.
Oranburg, Seth and David Tamasy, ‘Corporations Hybrid: A COVID Case Study on Innovation in Business Law Pedagogy’ (Duquesne University School of Law Research Paper No 2020–03, 2020) Abstract: This essay, written by a law professor and a student teaching assistant, shares suggestions intended to increase student engagement and improve learning outcomes by creating and using digital teaching assets effectively. The essay briefly summarizes the literature on traditional and online law school pedagogy and then explains the Hybrid Corporation class we taught during the Spring 2020 COVID-19 emergency. We report on what worked well in our real-world classroom environment and what worked when we had to shift totally to an online delivery format. We found that good videos are critical, and we explain why and how we created what the students found to be effective instructional videos. We also explain how to juxtapose videos and other passive learning content with active digital teaching assets such as quizzes, essay tests, reflective journals, and discussion boards, all intended to enhance student learning and engage students in our virtual classroom. Following the essay we have appended a case brief template to serve as a resource for law teachers who want to use the case law method online and for students who want a more structured approach to reading cases.
Osina, DM, GP Tolstopyatenko and AA Malinovsky, ‘Digitalization of Higher Legal Education in Russia in the Age of Covid-19’ in Svetlana Igorevna Ashmarina, Valentina Vyacheslavovna Mantulenko and Marek Vochozka (eds), Engineering Economics: Decisions and Solutions from Eurasian Perspective (Springer International Publishing, 2021) 392–398 Abstract: The study covers topical issues of digitalization of higher legal education in Russia. Even though the process of digital transformation of higher education (including law schools) was launched before the Covid-19 pandemic, it was the coronavirus that acted as a catalyst for digitalization of almost all spheres of public life. Universities were faced with the need to create a comfortable and high-quality digital information and educational environment as soon as possible, and many enterprises (including their legal departments) decided to switch for remote work due to the self-isolation regime, which triggered further digitalization of the legal profession. In turn, digitalization of the legal profession can affect the labor market, and, therefore, higher education, as universities must consider the needs of future employers. The authors applied both general methods and methodological techniques (analysis, synthesis, deduction, induction, etc.) and special legal methods (formal legal and comparative legal). While analyzing, the authors conclude that the potential digitalization of legal education is widespread, since it is not only about the use of digital technologies in education, but changing the content of legal education due to digital transformation of the legal profession.
Owolabi, Kudirat Magaji W, ‘Impacts of Covid-19 on Development of Legal Research in Nigeria’ (2022) 4(1) GLS Law Journal 37–53 Abstract: The Corona Virus pandemic otherwise known as (COVID-19) has been described as the most devastating health crisis in the last 100 years. It negatively impacts not only on health also on social, economic and wellbeing of the global population. The government through its efforts to curtail the spread of the pandemic has diverted and prioritised resources meant for legal research to fight COVID-19. A doctrinal and non-doctrinal research methods of gathering data were adopted. The quantitative data was obtained using questionnaires as a legal research tool on thirty (30) researchers within the six geopolitical zones in Nigeria. The data were analysed using descriptive statistics and content analysis. This is to provide an overview of how the government’s response to COVID-19 is affecting legal research and development in Nigeria. The paper finds that little attention is being paid by the Government to legal researchers in term of research funds and grants. The paper recommends equal balance of the Government intervention particularly in the era of pandemic. It is of the view that such legal projects are essential and can be useful to establish policies, strategies and action plans that will cater for our nation in the event of a future pandemic.
Pandey, Ajay, Sushant Chandra and Shireen Moti, ‘Clinical Legal Education and Access to Justice During and Beyond COVID-19: Some Reflections of Indian Experience’ [2023] Asian Journal of Legal Education (advance article, published online 1 December 2023) Abstract: Legal education aims to impart legal skills and training to law students and develop them into professionals who can render legal services. Clinical legal education (CLE) bridges the gap between the theory and practice of law. CLE has dual purposes of imparting lawyering skills to law students and achieving the social justice mission of law. CLE imparts certain skills and values to students for social justice. Students’ involvement in legal aid clinics makes them more justice-oriented, empathetic and ready for social change. With such orientation, they can assume larger leadership roles as ‘social engineers’. The access to justice crisis compels us to think about legal education’s scope and purpose. In this article, we argue that CLE is indispensable for the attainment of access to justice. During the COVID-19 pandemic, students supervised by clinicians at legal aid clinics worked with communities on issues of ‘migration’, ‘health’ and ‘education’. We argue that the COVID-19 pandemic was instrumental in revealing that legal aid clinics can play a larger role in the attainment of access to justice even during ‘normal times’. This article offers recommendations in order to achieve the goal of securing access to justice for the masses.
Parente, Salvatore, ‘Remote Teaching and Research of Tax Law during the COVID-19 Pandemic: Side Reflections’ (2022) 7(1) Intercultural Communication 47–56 Abstract: The pandemic emergency from COVID-19, an unexpected and dramatic event, alongside the effects of a health, economic and social nature, has had repercussions on teaching and research activities at university level. The essay sets out some reflections on the meaning and quality of the teaching and research functions at a distance and in hybrid mode, in the context of tax law, in a perspective of sharing and “cross-fertilization”.
Parker, Beth, ‘Law School Exams during a Pandemic: One Law School’s Experience’ (SSRN Scholarly Paper No ID 3679653, 20 August 2020) Abstract: In 2020, toward the end of the Winter semester, the COVID-19 pandemic disrupted life across the globe. Institutions, including law schools, felt the widespread effects of this public health crisis. Law schools were forced to move entire curriculums online in record time and consider how they were going to administer final exams. There is no precedent or manual for how to do this successfully. The pressure of the high stakes law school final exam that the law student’s entire grade and ranking rest upon is stressful, to say the least. Law students are on edge during final exams during normal times, but as the United States became overwhelmed by the COVID-19 pandemic, universities sent students, faculty, and staff home to finish the semester online and were left with a myriad of issues to address. One issue that arose was how to deliver final exams in a completely online format while maintaining the integrity of the law school exam. This article discusses the pivot to flexibility that one law school had to make, under emergency conditions, and with limited resources. Part I describes the law school final exam pre-COVID 19, Part II describes the pre-planning process, Part III discusses the building process, Part IV discusses the administrating process, and Part V explores some of the lessons learned from the experience with exams and suggests how to move forward in an uncertain world.
Perez, Tiffany, ‘The Elephant in the Virtual Law Classroom: Different Perspectives but a Common Loss’ (University of Miami Legal Studies Research Paper No 3850327, 1 May 2021) Abstract: Due to the COVID-19 pandemic, law schools had to pivot to virtual legal education quickly. In the wake of the pandemic, scholars have eagerly written about the dos and don’ts of the virtual law classroom. Although some articles have represented the law students’ perspective and some have represented the law professors’ perspective, none have done both in an attempt to create empathy and bridge the gap between what students’ desire, and what law professors are currently providing, and what good virtual legal education requires. As such, based on several interviews with law professors and students, this Article begins by describing one online Contracts class first from the professor’s point of view and then from the student’s point of view. The professor’s and students’ different perceptions of the same class are then analogized to John Godfrey Saxe’s poem The Blind Men and the Elephant. Then, using the Kübler-Ross Grief Cycle as a vehicle to build empathy and understanding, this article attempts to demonstrate the similarities that exists between students’ and professors’ feelings about online virtual education, namely that both professors and students alike are avidly grieving a common loss: in-person, Socratic law school days of old. As such, they are both experiencing denial and anger about their situations. In keeping with one of the key strategies recommended by the Mayo clinic for overcoming denial in grief, this article ‘journals’ their realities and provides both the student and professor perspective in the hopes that, by doing so, it will rid the misconceptions and bridge the way for a new type of virtual legal education to be created—one that meets (and/or exceeds) both professors’ and students’ expectations.
Perry, Christina and Nigel Spencer, ‘The Importance of “Acting Yourself into New Ways of Thinking”: Preliminary Findings on the Impact of Embedding Workplace Experiences in Law Degrees to Positively Impact Student Skills Growth, Degree Results and Employment Outcomes before and during a Global Pandemic’ (2024) 44(1) Legal Studies 99–121 Abstract: The paper reports the findings of over a decade of pioneering, award-winning fieldwork which has explored how workplace experience, if embedded successfully in different stages of legal education, can accelerate the ‘speed to capability’ and skills development of early career lawyers. The benefits from initial experiments of graduate-level work placements carried out by the authors since 2008 are presented. The paper then explores the findings from almost 10 years of creating year-long work placements for law undergraduates, assessing student skill growth, and the impact of the work placements on degree results and employment outcomes, before and during the Covid-19 pandemic.
Policarpio, Khrystan Nicole and Grecia Orozco, ‘Together But Unequal: How the COVID-19 Pandemic Exacerbated the Inequities Harming Minority Law Students’ 55 (May) UC Davis Law Review Online 91–132 Abstract: The first Part of this Article explores the pre-pandemic law school structure and the inequities faced by Diverse students. The second Part examines the effects of the ongoing pandemic and the current cultural and political climate on the law student experience. This discussion incorporates findings from a survey we conducted in 2021, in which we gathered anonymous feedback from law students across the country regarding their experiences with online learning.13 This Section also discusses students’ reactions to the current political and cultural climate, including the nation’s response to police brutality and the 2020 presidential election as additional factors affecting law students. Lastly, the third Part of this Article offers recommendations to law schools on how legal education can be more equitable during and beyond this global crisis.
Pope, Hallie Jay and Ashley Treni, ‘Sharing Knowledge, Shifting Power: A Case Study of “Rebellious” Legal Design During COVID-19’ (2021) 9(1) Journal of Open Access to Law 1–19 Abstract: Communicating legal concepts requires creativity and community-informed design, even— especially—when disaster strikes. In this article, we examine a theory of legal information design rooted in anti-subordination and share insights from our efforts to co-design visual resources with underserved Florida communities during COVID-19.
Prabhat, Devyani, ‘Online Learning and Work during the Pandemic: Update on the Legal Sector’ (2022) The Law Teacher (advance article, published online 22 February 2022) Abstract: Drawing on recent literature and a series of conversations with law firm associates, members of barristers chambers, in-house counsel, and law school staff, on how the pandemic has changed their roles or affected their work conditions, this Policy and Education Developments comment piece provides an update on the state of the legal sector during the pandemic focusing on online learning and work during Covid. The primary impression is of both loss because of loosening of the traditional connections that bind the sectors as well as gain through the use of innovative approaches and thinking on core values and practices.
Prieto Rudolphy, Marcela, ‘Between Predictability and Perplexity’ [2022] International Journal of Constitutional Law (advance article moac057) Abstract: This article focuses on the relationship between academia, the gendered division of labor, and the pandemic. After briefly canvassing preliminary research about the effects of the pandemic on academic women, it discusses the gendered division of caregiving responsibilities, both inside the family and in academic institutions. Through the lens of feminist theory, the article aims to understand what can be perceived as a kind of paradox or contradiction: on the one hand, there is something deeply predictable about the fact that women have shouldered relatively disproportionate caregiving responsibilities during the pandemic. On the other hand, and because these gendered effects are so predictable, there is something somewhat perplexing in the lack of institutional response. This article explains what is predictable about the phenomenon as an instantiation of misogyny and the gendered division of labor—a reproduction of already existing issues. The somewhat perplexing nature of the phenomenon comes from the lack of institutional response to deeply predictable effects, but it is also related to how resilient the gendered nature of caregiving obligations has proven to be, even during the extraordinary circumstances of a pandemic. This resilience, the article suggests, might be explained by the intersection of misogyny and economic exploitation.
Pulungan, Rheny and Kay Tucker, ‘Open for Business: Reinventing Monash University Law Library for a Post-COVID World’ (2022) 30(3) Australian Law Librarian 115–121 Abstract: Our libraries are open for business, and while we are not in a post-COVID world yet, we are starting to reinvent ourselves in response to the pandemic. Change is everywhere, much of it out of our control. Reinvention, or producing something new or different from something that exists, can help us to emerge stronger from a crisis. We will discuss some of the changes and challenges Monash Library staff and users experienced while working through the pandemic, particularly during the lockdown restrictions. We will look at how our library is moving forward to reinvent itself, acknowledging that while some aspects of university life have returned to how they were, others have not.
Ramos-Medina, Sonia Elizabeth, ‘Bibliometric Analysis through the Use of Keywords and Abstract: Research in Law during the Pandemic’ in Nadia Mansour and Lorenzo M. Bujosa Vadell (eds), Finance, Law, and the Crisis of COVID-19: An Interdisciplinary Perspective (Springer, 2022) 193–207 Abstract: The health emergency derived from the pandemic caused a domino effect in all aspects of human life, which has required extraordinary measures, especially at the level of laws, essential tools for the preservation of life, health and means of livelihood. According to the Scopus database, in the period January 1, 2020—June 8, 2021, more than 220,000 articles related to law have been published. Taking these data into account, a bibliometric analysis is proposed to examine the content of the publications from a word analysis to identify research topics in a set of publications, and establish consensus of relating concepts. Articles will be selected by keywords, limiting themselves to examining those that contain the following categories: ‘law’ ‘legislation’ and ‘jurisprudence’.Our hypothesis holds that the words contained in both keywords and abstracts demonstrate whether the investigation has been able to reflect the extraordinary measures adopted during the pandemic period. The results show that the diversification of the keyword occurrence networks confirms the multidisciplinary participation, 26 areas of which research predominates in fields such as medicine, public health. The keyword analysis also shows that the origin of this research is the ‘human’ with a relevant interpretation of the right to life, to the human rights, using the law to clarify the fundamental guarantees. The analysis of the abstracts confirms the emerging research with tendencies to study the pandemic from different points of view. The number of publications in the analyzed period suggests an acceleration in the publication process, as well as some aspects attributed to open data science.
Rana, Shruti and Hamid R Ekbia, ‘Crisis, Rupture and Structural Change: Re-Imagining Global Learning and Engagement While Staying in Place During the COVID-19 Pandemic’ (Indiana Legal Studies Research Paper No 510, 2023) Abstract: The global nature of the COVID-19 pandemic and other ongoing crises (from humanitarian emergencies that spill across borders to the global impacts of climate change) underscores the need to prepare students for a future where both cross-border crises and the need for international collaboration and education will be heightened. These developments have also highlighted the need for a variety of meaningful virtual alternatives for students to acquire the critical skills and knowledge needed to succeed in global and cross-cultural environments. With these needs in mind, in the midst of the COVID-19 pandemic we turned our focus to developing a course to turn the crisis itself into a virtual international learning opportunity. We aimed to utilize the shared experience of living through a global crisis as a starting point for the exploration of global perspectives and responses to crisis. Isolated in our homes with our own public and domestic lives collapsing and colliding, we aimed to create global connections by creating a space where we and our students could connect the ruptures created by the current crisis to the ruptures and reshaping of perspectives, world views, and personal trajectories that is the hallmark of a transformative global or intercultural encounter. Our goal was to deepen students’ empathetic, contemplative, and communication skills—critical components of global experiential education—while drawing upon literature and pedagogy in these areas and employing experiential learning techniques. This reflective essay interrogates and records our goals, methods and experiences in creating this classroom space and pedagogical experience during a period of emergency. Ultimately, it also memorializes how the experience of developing and teaching this course, and our attempts to catalyze change and global engagement for our students, were transformative for our own professional and personal trajectories.
Raponi, Kathleen et al, ‘Academics Embrace Disruption: Lessons Learned Teaching First Year Law During a Pandemic’ (2021) 31(1) Legal Education Review 27–40 Abstract: This study reports on the teaching practices adopted by a cohort of higher education academics for online and remote delivery of first year law units (subjects) as a result of the COVID-19 pandemic. Six academic staff who taught nine units face-to-face in intensive Block mode shifted their teaching online almost overnight, including conducting synchronous face-to-face teaching online. Their interview comments are initially categorised using a SWOT (strengths-weaknesses-opportunities-threats) analysis approach, then further analysed according to the elements in Moore’s transactional distance theory - dialogue, structure and learner autonomy. The study identified that while the unit space on the learning management system with links to resources and readings, scaffolded learning activities, structured interactions with clear instructions and assessments was the greatest asset, it also offered opportunities that were both practical and unexpected. While it gave academics a strong footing to commence their remote teaching, the key weakness was the loss of face-to-face contact, now replaced by Zoom. This posed threats related to learning. The findings offer suggestions and pedagogical interventions that can be applied to modify teaching practices in remote Block delivery in a post-COVID future in teaching first-year law. The research is equally applicable to teaching any discipline online.
Realon, Andrew Davidson, ‘How American Law Students Experienced Virtual Classroom Instruction During the COVID-19 Pandemic’ (Doctor of Education Thesis, George Washington University, 2023) Abstract: The COVID-19 pandemic affected both how instructors taught their courses and how students learned in those courses. The delivery of law school instruction online in America at this scale had never occurred. This study sought to understand how American law students experienced this pivot by analyzing how those students experienced the Socratic Method (the signature pedagogical tool of law faculty in the United States) in fully online classrooms. The study took place at an institution in a densely-populated city which responded significantly to COVID-19’s health challenges as to encapsulate the effect of the pandemic in the most extreme scenario. This qualitative study used a basic interpretive design. Data was collected by interviewing upper-level law students who experienced their instruction exclusively in the online modality during their first-year of law school. Data analysis included topic coding on Atlas.ti software. Five themes emerged which answered the research question. Garrison et al.’s (1999) Community of Inquiry was used as the interpretive lens to make meaning of the data. The three key findings included a discovery of the resilience of the law students who participated in the study; the impact that self-consciousness had on the participants’ academic experience; and success in using the Community of Inquiry Model as an interpretive lens for a study conducted at an American law school. This study was significant in that it further explored the impact of the COVID-19 pandemic. Through this investigation, knowledge was discovered about how law students responded to and experienced Socratic Method during the 2020-2021 academic year’s virtual instruction.
Reed, Karen Nourse et al, ‘Crisis Librarianship: An Examination of Online Librarianship Roles in the Wake of the COVID-19 Pandemic’ (2022) 48(4) The Journal of Academic Librarianship Article 102530 Abstract: This study surveyed the members of a professional library organization for their perceptions of their online librarianship role. In particular, the survey sought to examine any change in online librarianship roles after March 2020 as a result of the COVID-19 pandemic lockdowns. Participants were administered a survey comprised of both quantitative and qualitative response options. Findings present a nuanced professional environment post-lockdown in which individual job duties largely remained the same; however participants reported increased demands stemming from workplace issues, including attrition and lack of resources.
Reis, Mari Aurora Favero et al, ‘Knowledge Management in the Classroom Using Mendeley Technology’ [2022] The Journal of Academic Librarianship Article 102486 (advance article, published online 29 January 2022) Abstract: Research in higher education institutions is present in all courses, and academic instruction in research methodology is vital, with educational technologies being an essential component of this process. With the Covid-19 pandemic, there were changes in teaching, learning, and in performing scientific research in undergraduate courses. Among the technologies, the Mendeley reference management tool has become increasingly helpful in these contexts. Therefore, this manuscript is an account of workshop experiences for the use of the Mendeley tool in the teaching of Research Methodology and Scientific Methodology offered in the distance education modality in undergraduate courses at the Universidade do Contestado, Brazil. After basic instruction on Mendeley, students participating in the workshops were guided to apply the tool using Bardin’s content analysis technique. This technique is usually laborious and seldom involved in literature reviews by undergraduate students; Mendeley technology makes it more accessible. From experiences with the 2020 and 2021 workshops, during the COVID-19 pandemic, it is suggested that the content analysis method combined with the Mendeley technology can help students present better literature reviews, especially for final graduation projects such as course completion monographs.
Reynolds, Graham, ‘An Essential Service: Public Libraries and Their Role in Law and Society’ (2020) 25(4) Lex Electronica 20–24 Abstract: On March 16, 2020, in order to help slow the spread of COVID-19, the City of Vancouver closed all of its public library branches. I experienced these closures on a number of different levels: as a Vancouver resident who loves to read and to visit libraries, as the partner of an avid reader, as the father of a four and a half year old who is as excited about the prospect of trips to the library to pick up ‘fresh books’ as he is with the chance to practise riding his pedal bike through the neighbourhood, and, among other identities, as a law professor whose work focuses on the intersection of copyright, human rights, and social justice, and who believes that libraries are integral to the achievement of the objectives of each of these areas of law. Drawing on these identities, I’ll reflect in this essay on the important role played by libraries and librarians in both law and society, on what is lost when libraries close, and what we should celebrate – and fight for – when they re-open.
Rimmer, Matthew, ‘The Internet Archive and the National Emergency Library: Copyright Law and COVID-19’ (2022) 11(5) Laws 79 Abstract: In the tradition of legal writing about landmark intellectual property cases, this paper provides an in-depth case study and analysis of an important copyright conflict during the COVID-19 crisis. The Internet Archive established the National Emergency Library to provide for access to knowledge for those who were unable to access their usual libraries, schools, and educational institutions. In response, four large publishers have brought a copyright lawsuit against the Internet Archive, alleging both direct copyright infringement, as well as secondary copyright infringement. The Authors Guild has supported this action. Fearful of litigation, the Internet Archive has decided to close the National Emergency Library earlier than it anticipated. The litigation raises a range of issues in respect of copyright infringement, the defence of fair use, library exceptions, digital lending, and intermediary liability. The conflict also raises questions about the operation of the first sale doctrine in the digital era. There are also divided views as to what, if any, remedies are appropriate in the case over the Internet Archive and the National Emergency Library. It is argued that there needs to better mechanisms under copyright law to enable access to knowledge in a public health crisis—such as the coronavirus outbreak. This case study makes a significant contribution to our understanding of the relationship between authors, publishers, and libraries in the digital age. It also provides an insight into copyright litigation—in particular, the role of amicus curiae submissions, and the nature and scope of copyright exceptions. This paper also raises larger considerations about the intersection of copyright law with larger concerns about access to knowledge, competition policy, and public health emergencies.
Robinson, Jenna and Sumantra Maitra, ‘Higher Education After COVID-19: Policy Brief’ (James G Martin Centre for Academic Renewal, Policy Brief, 17 May 2020) Abstract: The current crisis will raise existential questions for small and mid-tier institutions. Only universities with massive endowments and highly competitive admissions will escape the effects of the coming enrollment cliff. Special coronavirus relief funding from state and federal governments will improve cash flow in the short term, but they are not permanent solutions. Colleges must act now to cut unnecessary expenses while preserving core academic functions.
Rogus, Caroline and Philomila Tsoukala, ‘Doctrine, Experiential Learning, and Client-Centered Lawyering: Teaching Family Law in a Post-Pandemic World’ (2022) 60(4) Family Court Review 818–835 Abstract: The restrictions of pandemic teaching served as a catalyst for the authors’ integration of the skills-based and client-centered teaching. Their refurbished models of teaching family law aspire to capture the needs of under- and un-represented populations of society, build students’ lawyering skills including ‘soft’ skills like client interviewing, contemplate what a satisfying career in family law could look like, and deliver instruction on the theoretical underpinnings of the law governing the creation and dissolution of familial units. The article summarizes the authors’ methods for incorporating such ‘hands-on’ learning into our classes, and demonstrates how these ideas are malleable enough to work in in-person, remote, concurrent, asynchronous, and synchronous classes.
Romdoni, Muhamad and Assed Lussak, ‘Pivoting Indonesian Law School Pedagogy in Pandemic Era: A Conceptual Recommendation for Empathetic, Inclusive, and Equitable Experience’ (2023) 2805(1) AIP Conference Proceedings 030003 Abstract: While pedagogy has evolved over time, the fundamental commitment has remained the same. When it comes to legal education, it remains to the last vestiges of an epoch-defining pedagogical method based on the belief that it fosters students’ critical and analytical thinking. Regrettably, this concept falls short for most pupils and the perpetuates social elitism and traditionalism. With Covid-19 pandemic surprisingly shook every ounce of assurance from the world’s foundations in matter of months, pedagogical shift toward equity, evenness, and enlightenment should occur in the classroom. The study is to discuss the possibility of realigning the law school classroom to create a sustainable, equitable learning environment. Incorporating the concepts of evenness and equity into teachers’ lesson plan is important to embody the recent values: a sense of entitlement to a better now and future, combined with gratitude for the progress. A resource and strategy for active learning that engages students, demonstrates relational contracting principles, and exposes students to a variety of legal and non-legal aspects of contracts, negotiations, and the contracting process is needed. Through the development of so-called pandemic pedagogy, Indonesian law schools should be moving toward more egalitarian learning environments that consider the context of students’ learning.
Rondon, Gabriela, Debora Diniz and Juliano Zaiden Benvindo, ‘Speaking Truth to Power: Legal Scholars as Survivors and Witnesses of the Covid-19 Maternal Mortality in Brazil’ (2022) 20(3) International Journal of Constitutional Law 1360–1369 Abstract: The Covid-19 health emergency has placed special demands on legal scholars, particularly on those based in the Global South. Brazil has been one of the epicenters of the pandemic, with over 680,000 deaths as of August 2022. Our narrative emerges from the duality of our positions amid a national tragedy—we are at the same time survivors of the collective threat of a would-be autocrat and a Covid-19-denialist government, and witnesses to how our preexisting privileges put us in a position of readiness ‘to speak truth to power.’ Speaking truth to power means not only to exercise an independent spirit of analysis and judgment with respect to power, but also to interpellate power openly about its wrongdoings. We understand that our responsibility as legal scholars is to embrace the urgency of the moment—to expand our research agendas beyond our previous academic trajectories and work to mitigate situations of rights violations. It also means that our work as legal scholars has had to transcend the traditional academic spaces. We have positioned ourselves as advocates and litigators for those most affected by the pandemic, in particular vulnerable women. In this article, we share one of our key initiatives during the pandemic—a constitutional lawsuit to demand the right of pregnant and postpartum people to access Covid-19 vaccines.
Roy, Rumi and Prakash Sharma, ‘Indian Legal Education in the Post-Pandemic World: Contextualising the Impact of National Education Policy 2020’ (SSRN Scholarly Paper No 4454955, 22 May 2023) Abstract: With the onset of the COVID-19 pandemic, the witnessed a complex, uncertain, and fragile future for itself. The situation was so dramatic and difficult that one cannot afford to be pessimistic, particularly when it comes to impartation of education. At the same time, COVID-19 reminded humanity that uncertainty also contains great potential. In fact, the global health pandemic saw profound changes in education and acted as the catalyst for the digital transformation of education. Further, during the pandemic, India released its National Education Policy 2020 (NEP 2020), which touched upon every field of higher education and called for the complete abolition of the affiliation system. In light of these developments, the chapter argues that owing to changes planned under NEP 2020 and programs announced by the concerned stakeholders, there is a potential for a massive transformation of legal education in India, provided we take bold and courageous action now.
Ryznar, Margaret, ‘Common Mistakes in Online Teaching’ [2021] (Fall) University Of Illinois Law Review Online 317–329 Abstract: As more professors move to online teaching in the wake of the COVID-19 pandemic, it is worth exploring common mistakes in online teaching. In doing so, this Article draws on student comments, both from mid-semester surveys in three different sections of my Online Trusts & Estates course as well as from focus groups run on the law school’s general online programming, which continues to expand past 20 asynchronous online courses. While all of these asynchronous online courses were built over the course of many months on the learning management platform Canvas, the lessons also apply to synchronous courses done through live but online meetings, such as through Zoom.
Ryznar, Margaret, ‘Giving an Online Exam’ (SSRN Scholarly Paper No ID 3684958, 2 September 2020) Abstract: Invaluable guidance has emerged on online teaching during the time of coronavirus, but less so on online final exams. This Article fills this void by offering various methods to maintain the integrity of final exams administered online.
Ryznar, Margaret, ‘Lessons from Teaching Tax Online’ (2021) Pittsburgh Tax Review (forthcoming) Abstract: The pandemic forced many professors to experiment with new ways of teaching tax as their courses went online. This Article explores the resulting lessons on content delivery and student assessments based on the best practices in online teaching and the surveys of online federal income tax students.
Ryznar, Margaret, ‘What Works in Online Teaching’ (2021) 65(3) Saint Louis University Law Journal 643–661 Abstract: This Article offers lessons from an empirical study of an online Trusts & Estates course. Over three semesters, approximately 280 law students responded to a survey on what works well for them in this online course and what does not. Their top three answers in each category may help serve as guidance for faculty creating online courses.
Sahijwani, Jharna, ‘Legal Education and Pedagogy in the Virtual Environment: Experiences and Challenges’ (SSRN Scholarly Paper No ID 3727245, 9 November 2020) Abstract: Legal education is one of the most dynamic fields as it deals with varied interest groups and provides an array of programs including undergraduate, graduate, post-graduate and doctoral programs along with various courses and it is this diversity that raises very pertinent questions regarding the pedagogy to be employed. The researcher in this paper shall address these pedagogical questions with respect to the evolution of legal education and learning in India drawing parallels from across the world. The need for convergence of ideas regarding the teaching, understanding and learning of law between the faculties and students arise as knowledge sharing in today’s world is not traditional anymore. The modern legal education focuses on exchange of information from all sides especially with the advent of Internet and the shift to virtual classrooms.In this paper, the researcher will analyze this need to shift virtual classrooms and examine various methods of teaching with special focus on the ‘NETGEN’. The researcher shall also delve into the issue of change in the approaches of various law schools in India and in the world where online teaching is a mandated choice because of the pandemic due to the spread of the COVID-19 infection, leading to a lockdown in most of the countries. This shift from physical space to virtual space has raised concerns for the legal fraternity, however, for the educational institutions; the UGC and BCI in India have suggested certain changes to tackle such extraordinary circumstances. Yet, in such stressful times for the faculties, the students and even the staff, the challenges are manifold ranging from infrastructural limitations to connectivity to the transitions in the pedagogy. The researcher shall address these issues along with focusing on aligning the same with the primary objective of preparing the students not only for career prospects but also to cope with the diverse work environments available in the ‘legal service industry’. Furthermore, the merits of online teaching and the need for educational continuity shall also be highlighted while providing some pedagogical suggestions for the faculties. The aim of this research is to acknowledge and concede with the transition in legal education from physical classrooms to online classrooms and successfully use the different learning models available for both the faculties and the students. In the end, the researcher shall focus on best practices regarding the use of technology to welcome new techniques while ensuring fulfillment of outcome based learning.
Samuel, Chistopher, ‘All Dressed up With Nowhere to Moot’ (2020) 25(4) Lex Electronica 25–29 Abstract: In the wake of the COVID-19 pandemic, all law students and instructors were forced to rapidly adapt to a new online-learning environment. With varying degrees of turbulence, students and instructors made the necessary changes and finished the year to the best of their collective abilities. However, at the University of Alberta Faculty of Law, there was one unique law school experience that did not survive the transition: the mandatory first-year moot courtroom exercise. (As a point of terminology, when I use the term ‘moot court’ below I am referring only to the oral courtroom presentation and not the associated written factum assignment.)
Sandomierski, David, John Bliss and Tayzia Colesso, ‘Pass for Some, Fail for Others: Law School Grading Changes in the Early COVID-19 Pandemic’ (2023) 56(2) UBC Law Review 605–664 Abstract: This article asks how historically under-represented groups experience one of the key features of legal education: grading. We examine this issue by exploring the singular moment in the history of the modern JD program when law schools across North America almost uniformly set aside curved grading in favour of Pass/Fail schemes at the onset of the COVID-19 pandemic in spring 2020. . The paper begins with a review of existing literature on equity and grading in legal education (Part I), along with a discussion of the motivations and design of our survey (Part II). We then report our data in detail, beginning with high-level findings from the study as a whole (Part III), and then delving into our quantitative analysis of equity considerations (Part IV). These statistical findings are then explored through the lens of students’ first-person accounts in response to open-ended questions (Part V). We conclude with policy recommendations for continued experimentation in grading schemes, and for leveling the playing field by bolstering support for students in their lives outside of the classroom (Part VI).
Sandoval, Catherine JK et al, ‘Legal Education During the COVID-19 Pandemic: Put Health, Safety and Equity First’ (2021) 61(2) Santa Clara Law Review 367-466 Abstract: The COVID-19 viral pandemic exposed equity and safety culture gaps in American legal education. Legal education forms part of America’s Critical Infrastructure whose continuity is important to the economy, public safety, democracy, and the national security of the United States. To address the COVID-19 pandemic and prepare for future viral pandemics and safety risks, this article recommends law schools develop a safety culture to foster health, safety, robust educational dialogue, and equity. To guide safety-and-equity-centered decision-making and promote effective legal education during and following the COVID-19 pandemic, this article contends legal education must put health, safety, and equity first. It proposes an ethical framework for legal education that centers diversity and inclusion as the foundation of robust educational dialogue. This article’s interdisciplinary analysis of COVID-19 scientific studies recommends law schools follow the science and exercise extreme caution before convening classes in person or in a hybrid fashion. COVID-19 infection risks serious illness, long-lasting complications, and death. It has preyed on America’s inequities. African-Americans, Native Americans, Latinx Americans, older Americans, and those with certain underlying health conditions including pregnant women face higher levels of hospitalization and death from COVID-19 infection. COVID-19’s inequitable risks may separate those participating in class in person, or online, by race, ethnicity, tribe, age, and health. Law schools must ensure that during the COVID-19 health emergency, hybrid or in-person pedagogical models do not undermine diversity and inclusion that supports educational dialogue and First Amendment values. The COVID-19 pandemic underscores the imperative of putting health, safety, and equity first in legal education.
Saputri, Ade Ayu and Selly Septiandini, ‘Online Learning Process According to Law Number 12 of 2012 Article 31 Concerning Distance Education During the Pandemic Period of COVID-19’ (2020) 2(2) Kader Bangsa Law Review 247–263 Abstract: 2020 is a year that worries all countries, including Indonesia. This is due to the emergence of the Coron virus outbreak which has spread throughout the world. Initially the government did not follow the methods used by several other countries regarding the information provided about the corona COVID-19 virus, namely by taking a quick reaction to preventive socialization. The reason is that the Indonesian people are not worried about worrying issues, in addition to minimizing hoax news from a handful of irresponsible people. Finally, the Covid-19 outbreak is also a matter of concern for the community, because many Indonesians have been affected by this virus transmission. Therefore, the government took the initiative to adopt a large-scale social restriction policy where there were restrictions such as restrictions on transportation, doing work from home, carrying out teaching and learning activities at home online. So that it also has a direct impact on students as well as students in Indonesia. This study uses a qualitative research method with a literature approach (normative). The data obtained comes from several regulations, such as Governor Regulations and several other regulations and policies. The results of the study state that Indonesia has experienced a condition where the public’s concern about Covid-19 is quite large so that government policy is needed to carry out large-scale social restrictions in an effort to break the chain of spreading the Covid-19 coronavirus.
Shemaieva, HV and TM Kostyrko, ‘Formation and Use of Open Access Resources in University Libraries during the Pandemic and Martial Law in Ukraine’ [2022] (7) University Library at a New Stage of Social Communications Development. Conference Proceedings 147–154 Abstract: The research is aimed at revealing the repository as an important tool for storing and promoting open access resources and open educational resources (OER) as a component of open access resources, and the role of the library in these processes. To achieve the purpose of the research, a complex of scientific methods was applied, including analysis and synthesis, comparison, statistical method and direct study of practical experience through the analysis of library reports. During the research it was summarized the information about open access resources, in particular OER; examples of the national policy of forming repositories were considered; the experience of the formation and use of institutional repositories in the technical universities of Kharkiv and Mykolaiv was studied; the foreign experience of creating and functioning of repositories of the information-library profile was considered. The further direction of the university library in the promotion of the OER initiative is substantiated, namely, convergence of library activities with educational activities in the aspect of creating, planning, and organizing access to open educational electronic resources.
Shukor, Syahirah Abdul, Noor Osman and Atira Musa, ‘Governing Teaching and Learning Syariah And Law During Covid-19: Some Reflections’ (International Convention on the Basic Structure of Constitution (ICOBAC 2021)-E-Proceedings) (2022) 281–288Jurisdiction: Malaysia
Abstract: The unprecedented pandemic of Covid-19 not only effect the economic and administrative of the country, but it also has pushed to the closure of schools and universities. As a result, the emergence of e-learning or conducting classes via the teaching tools available online such as Microsoft team, google classroom, Zoom and Webex become so imminent to teachers and students. With pandemic of COVID-19, it seems global partnership is urgently needed with teaching and learning are done in a flexible manner by mean of distance learning using the teaching tools provided via the Internet. This article addresses the challenges faced by the university, particularly, in teaching and learning subjects of Syariah and law which need hand-on training and face-to-face lecturers and tutorials. This paper will examine the debates of protecting the public health in cases of COVID-19 as the world is still facing with the uncertainties brought by this dangerous virus. The new norms due to this pandemic introduced new practices such as no mass gathering which include no mass lecture or tutorials, social distancing and regular cleaning regime that are being addressed by the Ministry of Health to public. Hence, it begs to think how teaching and learning Syariah and Law can be materialized in this new norm? As a university which promotes integration of the concept of Naqli and Aqli Knowledge (iNAQ), a revisit to the current situation in facing COVID-19 is essential for the long-term planning of the higher education as well as short term approaches in dealing with its impact. The quality of the assessment made to the students by the lecturers are also crucial in addressing arising issues in teaching and learning during this pandemic. This paper ends with some possible suggestions in maintaining the qualities of teaching and learning of Syariah and Law in this trial time.
Singh, Sonam and Manish Kumar, ‘Role of Remote Access Solutions for Accessing Library Resources: A Panacea for Sustainable Access to Legal Databases during Pandemic’ (2022) 60(3) Library Herald 106–124
Silver, Carole and Swethaa Ballakrishnen, ‘Where Do We Go from Here? International Students, Post-Pandemic Law Schools, and the Possibilities of Universal Design’ (2022) 8 Canadian Journal of Comparative and Contemporary Law 313–373 Abstract: Following on our earlier research on the experiences of international students, this article uses the recent global pandemic as a revealing lens to revisit structural inequalities in American law schools. Over the years, law schools have simultaneously encouraged international student enrollment and functioned in ways that have marginalized these students. We suggest that this dissonance between postured inclusion and the actual experience of exclusion these students endure highlights important ways in which law schools’ commitments to equity and inclusion more generally can appear more performative than substantial. We argue that the pandemic has made stark inequalities that have always existed, and that despite its devastating consequences, this period offers new insights that could help reshape the future of legal education. Focusing on specific teaching and learning innovations (e.g. virtual learning), we begin to deliberate on the ways that law schools can better address inequality as they resume in-person activities. Ultimately, we caution that as law schools emerge from the pandemic, they ought to resist the urge to return to their old normal ways of doing equity. Instead, by concentrating on the differential needs of diverse students, there might be an opportunity for a collective shift to avoid recementing past embedded inequalities.
Sindane, Ntando, ‘Prophecy and the Pandemic: The Vindication of Decolonial Legal Critical Scholarship’ (2022) Southern African Public Law (advance article, published 29 June 2022) Abstract: The ongoing COVID-19 global pandemic offers the legal academy a special opportunity to reflect on various conceptual, ideational, and ideological questions that cleavage the academy and society. In this exposition, I embrace an exegetical-cum-legalist enunciation to analyse the material conditions that define the lives of the historically and presently colonised peoples of South Africa. In the main, this treatise advances two arguments: (1) that the present socio-economic conditions illustrate the decisive thrust of decolonial legal critical scholarship and its ability to predict the future; and (2) that critical approaches to the law constitute a legitimate intellectual prophetic engagement. I conclude by insisting that decolonial legal critical scholarship should be the cornerstone and a focal point of emphasis in the calls to shift [and decolonise] all facets of the law and its curriculum.
Singh, Akash, ‘Remote Access Mechanism Exploring Electronic Databases in Law Schools in India: A Lifeline during Covid-19 Lockdown’ (2021) Library Philosophy and Practice (e-journal) 1–14 Abstract: Bar Council of India under Section 4 of Advocates Act 1961 passed by Indian Parliament, governs legal education and practice in India. Law Schools are approved and governed under the rules framed by Bar Council of India. Currently, India has twenty three law schools apart from more than 2000 law departments and colleges in India. Lockdown of academic institutions due to COVID 19 interrupted educational and research activities in law schools too. The paper here and now showcases a comparative study of usage of electronic contents by their patrons during pre-lockdown and lockdown period by remote access mechanism. The paper traces user various mechanisms used by law schools in India for remotely accessible of electronic databases. Usage patron of databases through remote access software and content based comparison of electronic databases have been evaluated in the paper for better understandings of tools and type of electronic contents used by law school patrons. The paper traces a comparison of mechanisms used by law schools in India for remotely accessible of electronic databases. The paper also sketches a number of findings based on user responses and contents in demand to suggest future planning and procurement of digital contents for strengthening base of legal education and research.
Singh, Anita, ‘From Crisis Springs Opportunity: Using Virtual Learning to Develop More Effective Lawyers’ (2021) 65(3) Saint Louis University Law Journal 663–677 Abstract: The increase in virtual, distance, and remote learning necessitated by the COVID-19 pandemic has presented new challenges to law school faculty and students. But at the same time, increased virtual interactions provide us with a unique opportunity. In particular, increased virtual interactions allow us to test and stress students’ ‘virtual intelligence,’ a suite of more intangible skills that also promotes lawyer effectiveness. These skills include traditional project management tasks and conventional social engagement, but on a heightened level given the challenges inherent in virtual interactions. Legal employers place these skills at a premium, yet at the same time report that graduating law students traditionally have been ill-equipped in these areas. By heading online, we can break the law school mold and create a more immersive, realistic, and challenging experience for our students—one that will make them more effective lawyers and better equip them for the practice of law.
Smith, Doug and Alejandro Bracamontes, ‘Teaching Undergraduate Forced Migration Studies Through a Community-Based Law and Policy Clinic During Covid: What Are the Crises and Opportunities?’ in Brittany Murray, Matthew Brill-Carlat and Maria Höhn (eds), Migration, Displacement, and Higher Education: Now What? (Springer, 2023) 99–116 - Abstract: This is a story of how we sustained, through 2020, 2021, and now into 2022, a community-based law clinic where teachers and students, combining their relative subversive potentials, created a laboratory in which to experiment with ways for lawyers to work in impacted communities in an organizer’s voice. It is also a story of how the tragic opportunities created by a worldwide pandemic have led us to a still dimly envisioned model of resistance in communities constructed by legal constraints on migration in the age of Covid-19.
Abstract: In response to Covid-19, law faculties across North America quickly moved their curriculum online and attempted to assess performance in one of the most stressful moments in many students’ lives. Clearly, pedagogy was not top of mind for most, yet instructors tried to maintain coherence and integrity alongside compassion. Universities across North America adopted a range of grading methodologies. Some retained numerical grades, some moved to a pass/no pass (pass/fail) model, and others adopted a mix of approaches. Ostensibly the move to a pass/no pass system was meant to ease burdens on law students and instructors alike. For some schools, this (theoretically) less stressful approach was meant to increase equitable outcomes, avoid the inevitable connotations that would differentiate pass/no pass from grades, and allow for flexibility on the part of both students and professors. In practice, the change to a pass/ no pass system generated fascinating reactions from students, the profession and instructors, surfacing long-standing assumptions about the role of grades in legal education. Pass/no pass was interpreted and experienced wildly differently from student to student and from instructor to instructor. It has raised issues that go to the heart of why and what we assess in legal education as well as thorny questions of outcomes, competencies, and the role of law firms in determining law school pedagogy. While the consequences of this change will play out over the next several years, this short commentary offers reflections on the ‘no numerical grades’ experiment and the more existential questions that have followed. What is the current function of grades? Whose interests do they serve? Do they function as proxies for more meaningful assessment? What would holistic assessment practices look like? And what other possibilities exist?
Sneed, Thomas, ‘The Effect of COVID-19 on Law Libraries: Are These Changes Temporary or a Sign of the Future?’ (2020) 60(1) Washburn Law Journal 107–129 Extract (page 110): Due to the public health crisis, many of the traditional roles of the library were being altered spontaneously. These sudden changes, coupled with the reality that libraries often struggle for relevance in an ever-changing legal education landscape, force one to ask the existential question: what will come from this crisis and what will academic law libraries look like on the other side? This Article examines the responses from academic law libraries to COVID-19-related changes and emphasizes the need for strong communication skills and effective crisis management strategies from our library leaders. This Article also discusses which of the changes necessitated by the pandemic should be temporary and which of the changes speak to the future of academic law libraries.
Soria, Krista M and Bonnie Horgos, ‘Law Students’ Mental Health During the COVID-19 Pandemic’ (UC Berkeley, Center for Studies in Higher Education, SERU Consortium Reports, 11 January 2021) Abstract: The COVID-19 pandemic has looming negative impacts on the mental health of law students at research universities. A survey of 644 law students at four large, public research universities in May through July, 2020 suggests that 27% of law students experienced clinically significant symptoms of major depressive disorder, while 37% of law students experienced clinically significant symptoms of generalized anxiety disorder during theCOVID-19 pandemic. According to the grad SERU COVID-19survey, the financial hardships and additional financial stressors experienced by law students during the pandemic are associated with increases in the odds of clinically significant symptoms for major depressive disorder and generalized anxiety disorder. Specifically, law students who experienced housing insecurity and unexpected increases in living expenses had increased odds of clinically significant symptoms of major depressive disorder. Law students who experienced the loss or cancellation of an expected job or internship or unexpected increases in living experiences also had increased odds of clinically significant generalized anxiety disorder. Conversely, law students who felt supported by their universities during the pandemic had reduced odds of experiencing clinically significant symptoms for major depressive disorder and generalized anxiety disorder. As institutional leaders continue to adapt to higher education during the COVID-19 pandemic, we encourage them to consider how to offer additional support with law students dealing with ongoing mental health concerns.
Speck, Sloan G, ‘Zoom as an In-Person Learning Platform’ (2024) 99(3) North Dakota Law Review 627–655 Abstract: During the COVID-19 pandemic, an unprecedented shift to remote learning spurred many legal educators to reassess their pedagogical norms and practices. These reassessments were enabled, in part, by the widespread adoption and acceptance of videoconferencing software, most notably Zoom, that accelerated from March of 2020. Zoom’s catalytic effect on pedagogy belies the fact that no single aspect of Zoom, by itself, is particularly pathbreaking. What is revolutionary, however, is how Zoom bundles diverse functionalities into a coherent package. By recasting Zoom as a bundle of classroom functionalities-as an inperson learning platform-this Article presents a novel use case for Zoom in legal education, distinct from the software’s role in remote synchronous instruction. This proposed use case unsettles the conventional pandemic-era evaluative frames for Zoom and other videoconferencing applications. Instead of focusing on whether Zoom’s virtual environment adequately substitutes for in-person class sessions, this Article argues that faculty can deploy Zoom directly into physical classrooms to enhance in-person teaching. And, instead of translating Zoom-enabled pedagogical practices to in-person instruction on a one-off basis, this Article focuses on Zoom’s delivery of an integrated suite of teaching enhancements that instructors can deploy dynamically in physical space. In these ways, Zoom and other videoconferencing software provide leverage to shape our in-person interactions, as well as our virtual ones. This Article situates Zoom, as an exemplar of videoconferencing software, within the conventional categories of software platforms used in education. Then, this Article discusses eight concrete implementations of Zoom’s features that can enhance law school teaching outside of virtual space. Finally, this Article explores the advantages and disadvantages of using Zoom in physical classrooms, with an emphasis on the ways in which Zoom, as an in-person learning platform, refigures conventional modes of instruction.
Sreejith, SG, ‘Law and Regulations on Legal Education in India Before, During and After COVID-19 with a Post-COVID-19 Manifesto’ (2021) 8(2) Asian Journal of Legal Education 119–143 Abstract: This article is in pursuit of a way forward from the pandemic-stricken condition of legal education in India to a future of excellence. It realizes that as much as the pandemic paralyses us and threatens with losses, it educates us, emboldens us and helps us realize our true imaginative and constructive possibilities. What is being threatened is a system ordered through a regulatory governance, which owes its legitimacy to the constitution and rule of law. What is being discovered is the many possibilities—of imagination, experimentation and innovation—of regulations. Hence, this article builds a juxtaposition of regulations as they were before the pandemic and as they are during the pandemic, revealing the contrast between them in their scope and application. Inputs for reimagination found between the contrasts are used for making a manifesto for resilience and change, the relevance of which becomes obvious through a prevailing sentiment that perhaps the world will never be the same again.
Srichaiyarat, Panarairat and Ploykwan Lao-Amata, ‘Legal Education During COVID-19 Pandemic: An Experience of a Thai Law School’ (2020) 7(2) Asian Journal of Legal Education 228–230 Extract: If Covid-19 pandemic is like a Tsunami to education at all levels, online teaching and learning are like a lifebuoy to teachers and students. To survive the crisis, teachers and students are forced to rely on technology much more than they used to be. They have to overcome all impediments occurred in online education. However, to become a survivor is not an equal opportunity. For some students, access to online education is severely constrained by their financial status. The pandemic may stay with us for one or two years, then some people believe that online learning will be a new normal in education. On the contrary, many teachers and students still hope that all current abnormalities will vanish and they can be back to their traditional classrooms.
Stafford, Caroline, ‘How Has the Legal Information Profession within Law Firm Libraries Been Impacted by the COVID-19 Pandemic?’ (MSc Information Science Thesis, City, University of London, 2021) Abstract: The purpose of this research is to understand the impact of the COVID-19 pandemic on the legal information profession within law firm libraries in Britain and Ireland. As the pandemic only began the year prior to commencing this research, few research studies have been conducted on the topic, thereby a clear opening for this study emerged. This dissertation uses a survey research strategy comprised of a mixed methods research approach. Desk research in the form of a literature review opens the study. A questionnaire and 5 semi-structured interviews were subsequently conducted. To understand the impact of the pandemic on the legal information profession within law firm libraries, the research objectives break the topic down into 4 areas that give insight into the consequences of the pandemic. The research found that A) working from home was the major impact faced due to the lockdown in spring 2020; B) use and spending on print resources declined; C) the role of legal information professionals has not significantly changed; and D) future legal information professionals will need to upskill due to technological developments and improve the image of the profession. Owing to the recent outset of the COVID-19 pandemic, it is important to compare the findings of this research to similar future studies to determine the validity of the results.
Stafford, Caroline, ‘The Impact of COVID-19 on the Legal Information Profession within Law Firms’ (2022) 22(4) Legal Information Management 190–195 Abstract: The purpose of this research is to understand the impact of the COVID-19 pandemic on the legal information profession within law firm libraries in Britain and Ireland. As the pandemic only began the year before commencing this research, few studies had been conducted on the topic, thereby a clear opening for this study emerged. This study uses a survey research strategy comprised of a mixed methods research approach. Desk research in the form of a literature review opens the study. A questionnaire and 5 semi-structured interviews were subsequently conducted. To understand the impact of the pandemic on the legal information profession within law firm libraries, the research objectives break the topic down into 4 areas that give insight into the consequences of the pandemic. The research found that A) working from home was the major impact faced due to the lockdown in spring 2020; B) use and spending on print resources declined; C) the role of legal information professionals has not significantly changed; and D) future legal information professionals will need to upskill due to technological developments and improve the image of the profession. Owing to the recent outset of the COVID-19 pandemic, it is important to compare the findings of this research to similar future studies to determine the validity of the results.
Sucgang, Justin, ‘Tipping Point: Will the Pandemic Mainstream Online Learning in Philippine Legal Education?’ (2020) 93 Philippine Law Journal 183–197 Abstract: PART I of this essay argues that the pandemic is not and will not be the tipping point to the system-wide acceptance of online legal education. On the other hand, the aspect of legal education to which online learning will most likely have a significant effect is presented in PART II. COVID-19 significantly disrupted the Philippine legal education system, forcing even the traditionalists to consider online learning. However, no amount of watering will make a plant grow in infertile soil. With the kind of system currently in place, with the actors, philosophy, and focus dominating therein, and with the hard and soft infrastructure within its reach, online legal education will not be part of the mainstream law school pedagogy—despite the pandemic. And it will not be a legitimate and effective alternative to the prevailing teaching strategies among Philippine LEIs—in spite of its potential.
Sulaksono, Sutomo, ‘Indonesian Legal Higher Education Paradigm during Covid-19 Pandemic’ (2023) 8(1s) BiLD Law Journal 27–30 Abstract: The phenomenon of legal case problems in Indonesia has increased. Thus, legal higher education is an institution expected to graduate the bachelors of law such as judges and lawyers that will be able to handle the legal problems in Indonesia. This research aims to discover the paradigm of higher legal education during a covid-19 pandemic. This research uses a case study with qualitative as the research method. The data is obtained by observing legal higher education as an institution also several cases in Indonesia. The study shows that Indonesian legal education is ineffective, especially in using optical perspective to help and encourage the students. The results are student did not know how to face the criticism and creative legal. The faculty of law in Indonesia only teach the process of the legal system without knowing the actual phenomenon. In conclusions, students still find it hard to develop the culture of asking, discussing and giving explanations related to the legal system in their education.
Sundquist, Christian, ‘The Future of Law Schools: COVID-19, Technology, and Social Justice’ (SSRN Scholarly Paper No ID 3665221, 1 August 2020) Abstract: The COVID-19 pandemic has laid bare not only the social and racial inequities in society, but also the pedagogical and access to justice inequities embedded in the traditional legal curriculum. The need to re-envision the future of legal education existed well before the current pandemic, spurred by the shifting nature of legal practice as well as demographic and technological change. This article examines the impact of the COVID-19 pandemic on legal education, and posits that the combined forces of the pandemic, social justice awareness and technological disruption will forever transform the future of both legal education and practice.
Suresh, N, ‘A Survey on Reading Habit Of Law Students in Tamil Nadu During Covid-19: A Case Study’ (2022) (January) Library Philosophy and Practice 1–11 Abstract: The COVID-19 pandemic in India is a part of a worldwide pandemic, on 24 March 2020, the Government of India has announced a nationwide lockdown. The COVID-19 pandemic has affected the day-to-day activities particularly has created the largest disruption of education systems in India. This study has examined the impact of COVID-19 lockdown on the reading habit of Law Students in Tamil Nadu. A descriptive survey method was adopted and an online web-based questionnaire was used to collect data for the study. The total response collected for the study is 464 and 65.52% of respondents are female. It was found that there was a significant development in the reading habit of Law Students in Tamilnadu during the COVID-19 pandemic lockdown. It was revealed that most Law Students in Tamandu used a mobile phone (96.8%) to read during the lockdown. It was shown the challenges in reading during the lockdown, which include Heavy use of social media, Laziness, Work/home burden, lack of motivation, and non-availability of resources. It was concluded that COVID-19 lockdown has a positive influence on the reading habits of most Law Students in Tamailnadu and the findings of this study will provide understanding into the reading habits of these law students and necessary recommendations will be made.
Suter, Sonia, ‘Legal Education in a Pandemic: A Crisis and Online Teaching Reveal Who My Students Are’ (2021) 65(3) Saint Louis University Law Journal 679–690 Abstract: The COVID-19 pandemic upended things for everyone across the world in so many ways, including at universities and law schools. In switching to online teaching in the mid-semester last spring and continuing to teach first-year law students online this past fall, I have witnessed the strength and compassion of my students even in the face of the challenges of the pandemic, online learning, and political unease in our country. I have been heartened and bolstered by their deep commitment to building community with one another.
Sutton, Victoria, ‘Law Student Attitudes about Their Experience in the COVID-19 Transition to Online Learning’ (SSRN Scholarly Paper No ID 3665712, 31 July 2020) Abstract: Law students from Texas Tech University were surveyed about their attitudes concerning online learning due to the COVID-19 transition, at the end of the spring semester 2020. Questions concerned obstacles to learning, experiences and perceptions. Among the most frequently cited obstacles for students were that students had to move (49%) from their physical location, they were impacted financially (60%) and they lacked reliable internet (40%). The impact of the disease itself was relatively small with only 10% reporting they were affected by someone having COVID-19. Concerns that the lack of time to design courses for online learning, may have soured students to the online experience were evident from the responses that 36% of students indicated they were less likely to take online classes in the future. Perhaps more surprisingly, 17% reported they were more likely to take online classes in the future. There was a difference between students who self-selected online courses in the spring semester compared with those experiencing the compulsory transition to all online classes. When students were asked whether they got as much from online learning as face to face courses, 55% of those self-selecting for online courses agreed; whereas 25% all law students disagreed with that statement. More than half of those who self-selected for online courses (55%) reported that their spring semester online course experience helped in the COVID-19 transition.
Sutton, Victoria, ‘Online Learning in Law Schools: The Pandemic Experiment’ (SSRN Scholarly Paper No 4969711, 27 September 2024) Abstract: Using methods from epidemiology and disaster research methods and data collected by the National Conference of Bar Examiners (NCBE), this study observes the effects of law students learning online during the COVID-19 Pandemic government mandated closure and transition to online learning. The effects are measured by two measures: Multi-state Bar Examination (MBE) scores because this is consistently given in all states (except one); and the bar passage rate for all jurisdictions. This experimental method is used in catastrophic events when conditions not normally testable can be tested due to the extreme events. These effects can be observed over all law schools which online learning during the period for the classes of 2020, 2021, 2022 and 2023. The findings did not agree with at least one hypothesis. Overall, law students performed slightly better on standardized testing on legal analysis and knowledge (the MBE) with all online learning; but did progressively worse on the overall bar examinations for their jurisdictions the more years they experienced online learning. This presentation will seek to explore this analysis and explain the findings and conclusions.
Swift, Kenneth, ‘Five Truths Learned After a Dozen Years of Asynchronous Online Teaching’ (2021) 65(3) Saint Louis University Law Journal 691–701 Abstract: In this article the author reflects on his more than twelve years of teaching asynchronous online law school courses and shares some of his beliefs about the value and limits of asynchronous teaching. The article addresses some surprising strengths of asynchronous online courses, including how black letter case law may be more effectively taught in the online format. Additionally, the article discusses how the asynchronous online format provides opportunities to excel for students with different abilities and personalities. The article also addresses some potential limitations in the asynchronous online format, including the challenges inherent in student group work and collaboration. Additionally, the article addresses key structural decisions that a professor can make to strengthen the course and the student experience, including both philosophical and practical guidance.
Teramura, Nobumichi and Salim Farrar, ‘Special Report on Online Legal Education in Malaysia, Brunei Darussalam and Singapore’ (SSRN Scholarly Paper ID 3918043, 6 September 2021) Abstract: This report compares the development of online legal education in Malaysia, Brunei Darussalam and Singapore, three quite closely linked Asian economies following the English common law tradition. Due to the outbreak of the COVID-19 pandemic in early 2020, these countries all faced pressing needs to shift their legal education to mostly online modes. In Malaysia, where the health and economic consequences of the pandemic were the most salient, universities and institutions have been struggling to deliver online teaching due to the uneven allocation of internet resources among the large population scattered across large and sometimes remote areas. Being instead small but well-resourced states, Brunei and Singapore were well positioned to weather the global pandemic and adopt online legal education. In particular, Singapore is a leader of online legal education in ASEAN, thanks to its advanced ICT infrastructures and outstanding preparedness for online teaching. Both Brunei and Malaysia can learn from the success of Singapore, to become strong players in the field of online legal education.
Thomson, David, ‘Elements of Effective Online Instruction in Law’ (2021) 65(3) Saint Louis University Law Journal 703–716 Abstract: The Covid pandemic has had a significant impact on law school pedagogy, although how much that impact will remain and be a benefit post-pandemic remains to be seen. This article argues that we should leverage what we learned and use it to redesign our courses for a future world of hybrid teaching, so as not to lose what we gained by returning to in-person teaching as if nothing happened to us or our students. It offers suggestions about how to go about doing that—how to capture the benefits of what has been learned about online teaching in the 2020–21 Academic Year, and apply it to our teaching going forward. Among those suggestions is to redesign our courses from back to front, starting with articulating our learning outcomes and then developing modules designed to meet those outcomes, with formative assessment for each module as the semester progresses. It also suggests maximizing the precious in-person time we will regain post-pandemic by intentionally moving some of our content online, and deliberately choosing how to deliver that online content best. Doing these things deliberately will contribute to making us more effective teachers, and help our students become more effective learners—in law school, and in their future lives as practitioners.
Thomson Reuters Institute, ‘Law Schools and the Global Pandemic: New Research’ (White Paper, 2021) Abstract: This spring, the coronavirus pandemic changed the face of legal education across the country as schools moved to bring instruction online. To better understand the response of law schools to this new reality, and to illuminate the challenges and opportunities they face in the coming semesters, Thomson Reuters sponsored a survey of 2,897 law school students, faculty, and administrators in August 2020. The vast majority of students in the survey — 89% — were taking classes entirely online when the survey was conducted. Overall, the survey found a high level of alignment between students, faculty, and administrators. This level of camaraderie was likely heightened by the necessity of responding to the pandemic. However, this fellowship broke down on some issues, demonstrating a disconnect between administrators and faculty and students. For example, while students understand that faculty are doing the best they can in a difficult situation, they are nonetheless concerned about the value of the legal education that they are receiving online. Administrators have much different expectations than students or faculty regarding a return to in-person classes. The survey also unearthed opportunities for law schools to take a step back and consider what the future of legal education might look like, given a newly accelerated acceptance of online instruction.
Thornton, Margaret, ‘What Is the Law School for in a Post-Pandemic World?’ in Rachel Dunn, Maharg Paul and Roper Victoria (eds), What Is Legal Education For?: Re-Assessing the Purposes of Early Twenty-First Century Learning and Law Schools (Routledge, 2022) Abstract: University law schools have been beset with a sense of schizophrenia ever since first established in the nineteenth century. They have been unsure as to whether they are free to teach and research like the humanities and the social sciences or whether they are perpetually constrained by the presuppositions of legal practice. More recently, this uncertainty has been overshadowed by the impact of neoliberalism and disinvestment by the state in higher education. As a result of reliance on a proliferation of fee-paying students, academic capitalism has arguably become the raison d’être of the law school. Drawing on the literature of neoliberalism, this chapter shows how the Law degree has become not only a source of capital accumulation for the state but also a source of human capital for law students. Consumer power has enabled them to influence both the curriculum and pedagogy to prepare to be job-ready new knowledge workers. The chapter draws on the Australian experience, which was in the vanguard in neoliberalising higher education, although it shares similarities with other parts of the world. The impact of COVID-19 is also addressed to show how the number of job-ready graduates has been increased to reduce the cost to the state.
Thurston, Amanda and Diana Kirsch, ‘Clinics in Time of Crisis: Responding to the COVID-19 Outbreak’ (2020) 27(4) International Journal of Clinical Legal Education 179–195 Abstract: At the time of the COVID-19 lockdown in March 2020, Hertfordshire Law Clinic was still in its infancy. It had only opened its doors in October 2019 and was technically still in its ‘pilot scheme’ phase – with the official opening not due to take place until April 2020.
Tobias, Carl, ‘The Federal Law Clerk Hiring Pilot and the Coronavirus Pandemic’ (2020) 54(1) UC Davis Law Review Online 1–20 Abstract: Just when law students attained a comfort level with the arcane intricacies of the federal law clerk employment process, as increasingly exacerbated by the second year of an experimental hiring pilot plan, the coronavirus attacked the country and has been ravaging it ever since. To date, the virus has inflicted the most profound harm on the jurisdictions that comprise all of the ‘coastal elite circuits’ that span the District of Columbia north to Maine, as well as the United States Courts of Appeals for the Seventh and Ninth Circuits, which apply the pilot. This piece examines impacts that the coronavirus’ rampant spread putatively has on law clerk employment and how students, courts, and judges can address these problematic circumstances.
Tokarz, Karen L, ‘Reenvisioning Community Lawyering’ (2022) 68(1) Washington University Journal of Law and Policy i–x Abstract: In early March of 2020, the World Health Organization (WHO) declared the novel coronavirus outbreak a global pandemic. Perhaps not surprisingly, ‘the COVID-19 pandemic laid bare not only the social and racial inequities in society, but also the pedagogical and access to justice inequities embedded in the traditional legal curriculum.’ The pandemic highlighted the need to re-envision legal education, requiring innovation and perseverance from clinicians and dispute resolution faculty around the world to address both the societal and law school impacts of the pandemic with vision, fearlessness, and fortitude. The authors in this volume document and explore innovative responses to the pandemic in domestic and international dispute resolution and clinical education; re-envision the tradition of community lawyering; and, hopefully, portend increased social justice awareness and transformation in legal education and practice in the future. These authors are at the forefront of innovative teaching, practice, and scholarship in these realms.
Tucker, Kay and Becky Batagol, ‘Pandemic Pressures in Universities and Their Libraries: A View from Australia’ (2021) 21(3–4) Legal Information Management 129–145 [pre-print available on SSRN] Abstract: The COVID-19 pandemic has heavily impacted Australian universities and their libraries but has been felt most strongly by students and staff who are already marginalised. This article draws upon both published literature and the authors’ own experiences as a librarian and academic employed at Monash University, Australia’s largest university. Important lessons from the pandemic for universities and university libraries at times of crisis and disaster include: actively recognising and responding to structural inequalities amongst students and staff; organising services so that all can participate to their fullest ability; providing students with opportunities for social connection, enhanced digital capabilities, safe and inclusive spaces and accessible materials; as well as flexible employment practices.
Vernon, Kia, ‘Zooming Through Law School: Lessons Learned from Remote Learning During the COVID-19 Pandemic’ (2021) 65(3) Saint Louis University Law Journal 717–725 Abstract: As law schools around the country quickly transitioned to remote teaching in March 2020 due to COVID-19, law professors were suddenly faced with an unprecedented challenge: teaching law classes remotely in the middle of a global pandemic. While the virus spread, devastating communities around the world, professors sought to strike a delicate balance between providing students with a sense of normalcy and equipping them with the tools necessary for them to be successful lawyers. The experience had a profound impact and afforded me the opportunity to grow in ways I never imagined. Although I was the teacher, I also became a student, gaining valuable insight and learning lessons that transcended the virtual classroom. It is because of this experience that I became a better teacher and person.
Vollweiler, Debra Moss, ‘Return of the Sage (on the Stage)?’ (2023) Southwestern University Law Review (forthcoming) Abstract: The Covid Care Crisis had an enormous impact on the legal academy, and specifically on the way that law professors conducted their classrooms. It is unquestionable that the March 2020 nationwide emergency conversion to remote teaching, followed by the commonly experienced year or more of hybrid teaching changed the way faculty structured their law classrooms. These changes led to some rocky teaching seas for many, as faculty adjusted to the need to find new ways to interact with students and ensuring learning, even while physically separated. While many professors have touted the experience as a challenge, one that reenergized their teaching techniques through the incorporation of skills, assessments, and new ways of structuring material, and have vowed to continue these newfound ways of interacting with students, not everyone saw these changes are a move in the right direction, or as having any lasting power. As such, the full time return to the classroom sparks a debate in legal education—whether faculty will embrace a return to the old ways, a continuation of new ones, or creations of entirely new paths forward.This work focuses specifically on the premise that the pandemic caused the transition of many faculty from being a traditional ‘sage on the stage’ where they were the center of learning, to instead being a skills based ‘guide on the side’ in the law classroom, where they created different kinds of opportunities for student learning because of these new teaching situations in which we all were operating.
Wallace, Amy L, ‘Classroom to Cyberspace: Preserving Street Law’s Interactive and Student-Centered Focus During Distance Learning’ (2020) 27(4) International Journal of Clinical Legal Education 83–106 Abstract: This paper includes: a background on the New York Law School (NYLS) Street Law program and the relationship with its partner high school, The Charter High School for Law and Social Justice (CHSLSJ); a description of the NYLS Street Law experience during emergency remote teaching in spring and summer 2020; a discussion of best practices developed through remote teaching; analysis of the implementation of those best practices in fall 2020; and conclusions and plans for further study.
Walsh, Katie, ‘Education: Heads in the Cloud: The Future of Law School Learning’ (2020) 68 LSJ: Law Society of NSW Journal 40–43 Abstract: The COVID-19 pandemic has posed huge challenges for the university sector, with many law schools struggling to stay afloat as international student numbers drop off a cliff. Students were left learning from their bedrooms, dining rooms and verandahs, and attending lectures via the cloud, with all its stilted communication issues. Will law degrees be taught this way for good?
Wapples, Emily, ‘Promoting Positive Mental Health in International Postgraduate Law Students at a Time of Global Uncertainty: A Case Study from QLegal at Queen Mary, University of London’ (2020) 27(4) International Journal of Clinical Legal Education 107–134 Abstract: Law student mental health and wellbeing was already a growing concern in the UK prior to COVID-19, but when the pandemic occurred, widespread uncertainty placed an unprecedented level of mental health burden on students. Law students were faced with dashed hopes, uncertain futures and the fear of negative academic consequences. This burden was exacerbated in respect of postgraduate international students in London, who were often also forced to decide whether to return home to their families, or to continue their studies abroad, albeit online.This paper uses a case study approach to discuss how one provider of postgraduate clinical legal education (CLE), approached the promotion of positive student mental health both before, and in response to, the pandemic. qLegal at Queen Mary, University of London provides CLE to postgraduates studying for a one year law masters, and in 2019-2020, qLegal delivered CLE to 134 students from 27 countries. The impact that the pandemic had on the mental health of international postgraduate law students was therefore witnessed first-hand.This paper discusses the challenges faced, and concerns raised by international postgraduate law students at qLegal as a result of the pandemic. It examines the steps taken by qLegal to maximise student engagement and promote positive student mental health when rapidly switching to a model of online delivery. The paper concludes by outlining the steps qLegal will take to monitor and address the impact that online delivery in this period of global uncertainty has on the mental health of the next cohort of postgraduate CLE students.
Waterstone, Michael, ‘Top Ten Leadership Lessons Learned from Being Dean During COVID-19’ (2021) 52(2) University of Toledo Law Review 337–342 Introduction: It feels presumptuous to write an essay about leadership lessons from the time of COVID-19. I spent more than a little time during this period feeling anxious, stressed, and insecure. But I believe that as leaders we have both an obligation and opportunity for continual improvement and self-assessment. And while I hope we will not see another global pandemic in my lifetime, there will certainly be other emergencies. I hope that these reflections may help provide some guidance to future deans, during some inevitable future emergency or urgent situation. (And like most of us, I find the opportunity to do some writing somewhat cathartic.)
Welgemoed, Marc, ‘Clinical Legal Education during a Global Pandemic - Suggestions from the Trenches: The Perspective of the Nelson Mandela University’ (2020) 23 Potchefstroom Electronic Law Journal 1–31 Abstract: The Covid-19 pandemic has plunged the world into turmoil and uncertainty. The academic world is no exception. In South Africa, due to a nationwide lockdown imposed by government, universities had to suspend all academic activities, but very quickly explored online teaching and learning options in order to ensure continued education to students. As far as Clinical Legal Education, or CLE, is concerned, such online options of teaching and learning could present problems to university law faculties, university law clinics and law students in general, as CLE is a practical methodology, usually following a live-client or simulation model, depending on the particular university and law clinic. This article provides insight into the online methodology followed by the Nelson Mandela University, or NMU. The NMU presents CLE as part of its Legal Practice-module and conventionally follows the live-client model. As the national lockdown in South Africa required inter alia social distancing, the live-client model had been temporarily suspended by the NMU Law Faculty Management Committee and replaced with an online methodology. The aim of this was an attempt to complete the first semester of the academic year in 2020. This online methodology is structured so as to provide practical-orientated training to students relating to a wide variety of topics, including drafting of legal documents, divorce matters, medico-legal practice, labour legal practice, criminal legal practice, as well as professional ethics. The online training took place in two staggered teaching and learning pathways in line with the strategy of the NMU, underpinned by the principle of ‘no student will be left behind.’ In this way, provision had been made for students with online connectivity and access to electronic devices, students with online connectivity only after return to campus or another venue where connectivity is possible and electronic devices are available, as well as for students who do not have access to online connectivity and electronic devices at all. The reworked CLE-programme of the NMU, planned for the second semester of the 2020-academic year, will also be discussed in this article. The online methodology, followed by the NMU, should however not be viewed as definitive or cast in stone in any way. There might be – and there surely are – alternative methodologies, both online and otherwise, that may provide equally good or even better training to CLE-students during a global pandemic. Alternative suggestions in this regard will also be discussed in this article. It is hoped that this article will provide inspiration, as well as assistance, to university law faculties and law clinics that are struggling to engage with continued practical legal education during the testing and uncertain times brought about by the Covid-19 pandemic. It is further hoped that this article may provide guidance in other difficult and unforeseen future instances that may await CLE. In this regard, it is important to remember that the Fourth Industrial Revolution is rapidly increasing its grip on the world and that CLE will have to adapt to the demands thereof.
Wendel, Brad, ‘Learning How to Teach Again’ (2021) 46(Spring) Cornell Law Forum 20–23 Abstract: By mid-March 2020, Law School classes had gone fully remote. A heroic effort by our IT support staff resulted in a substantial number of not particularly tech-savvy faculty members figuring out the quirks of webcams, home internet access, and the ubiquitous Zoom platform. More important, however, faculty had to rethink law teaching from the ground up, and do so in a matter of weeks. The traditional law school Socratic classroom experience is difficult to replicate online. Experienced teachers read the room to see whether students are following the discussion or getting confused. Tone and body language help soften what could otherwise come off as an intense grilling process. Eye contact with other students keeps them involved while someone else is on the hot seat. All of this is lost in the Zoom environment, with its Brady Bunch grid of faces, raising of little blue hands, reminders that ‘you’re on mute,’ connectivity issues, and awkward pauses to avoid talking over each other. Techniques like polling and breakout rooms helped to some extent, but going online still represented a fundamentally new approach to teaching.
Yadav, Richa and Dipti Pandey, ‘Proximate to Remote Learning: The Impact of COVID-19 on Law Students of Indian Higher Education Institutions in India—An Empirical Study’ in Saraswathi Unni et al (eds), COVID-19 and the Future of Higher Education in India (Springer, 2023) 139–170 Abstract: In this chapter, the authors seek to evaluate the implications of the COVID necessitated measures in Indian academic institutions, particularly in the field of legal education. The authors have selected law as the focus of their study primarily due to the fact that law courses are a combination of both theoretical knowledge and practical skills. Law colleges needed to train students in the new art of remote legal services and to anticipate how this would change the practice of law and what it meant to be ‘practice ready.’ Through online classes, videos of court sessions, and online proctored exams, students were given the opportunity to gain wider learning experience and new competencies. The authors through this chapter seek to evaluate various parameters of excellence in academic dispensation in terms of classroom learning, ease of learning, classroom environment and discipline, class participation, teacher-student interaction, assessment, and impartation of practical skills.
Yaqin, Yaqin and Eksiri Niyomsilp, ‘Online Law Teaching Mechanism Management in Colleges and Universities in the Context of COVID-19’ (2023) 8(5) Journal of Modern Learning Development 143–151 Jurisdiction: China
Abstract: During the COVID-19, online teaching became the main way of teaching in universities. The transformation of teaching methods implies the transformation of teaching mechanisms. A well-developed teaching mechanism as a basic condition helps to improve learning outcomes. This study adopts quantitative research methods, and explores the relationship between the four influencing factors of learning support, teaching environment, learning perception and behavioral interaction and the online teaching effect of law in colleges and universities through questionnaire survey. Through the linear regression analysis of the relationship between variables and the test of the hypothesis, the final conclusion is drawn: the four influencing factors all have a positive significant impact on the effect of online teaching of law in colleges and universities, and the four influencing factors also have a positive significant impact. Based on the research conclusions, this study finally puts forward some suggestions for improving the online teaching mechanism of law in colleges and universities.
Younes, Anan Shawqi and Ahmad Hussein Alsharqawi, ‘The Legal Education Experience during COVID-19 Pandemic’ (2021) 11(6) Review of International Geographical Education Online 1029–1036 Abstract: Pandemic caused by COVID-19 affected the education system worldwide. All educational institutes felt to stop for a moment and develop a strategy to tackle the situation effectively. It was made clear by the government that whatever decision schools take; they must not call students to the institutes and obey a temporary lockdown. When the situation prolonged, schools were left with no choice but to switch to remote learning. The idea was to continue their educational activities while maintaining the standards as much as possible. Legal education is one of the most sought-after fields of education worldwide, also felt the impacts of this pandemic and made certain changes to its teaching and administrating strategies to go about the situation. Teachers and other faculty members at law schools were pushed to change their methods and approaches to deliver quality education using digital platforms. In this article, the challenges posed by the pandemic to law schools and the impacts of these challenges on the teaching practices are discussed. Both positive and negative sides of the pandemic effects are analysed. Moreover, future impacts are also predicted based on established research.
Zentner, Aeron, ‘Assessing the Impact of the CARES Act on Online Students: A Case Study of Two-Year Public College’ (SSRN Scholarly Paper No ID 3591519, 2 May 2020)
Abstract: The COVID-19 pandemic has made a major impact on higher education and affected students’ livelihoods and attainment of education. To help students during these challenging times the Federal CARES Act was established to provide financial relief and support students in their time of need, However, not all students are eligible to participate and these limitations have impacted funding to specific institutions. The following research study examined the implications of the CARES Act for higher education by assessing the current factors associated with the national funding model. Additionally, three additional models were created to estimate the FTE impact and approximated the financial implications of the Act in relation to the unserved or excluded populations. A survey was conducted to understand current student essential needs and the implications of COVID-19 on their livelihoods. The survey was reverse engineered to understand enrollment patterns to determine the proportionality of needs based on the enrollment patterns. - Note: this article is not about law schools, but tertiary education more generally.Note: this article is not about law schools, but tertiary education more generally.
Abstract: Recently, the pandemic caused by COVID-19 is severe in the entire world. The prevention and control of crimes associated with COVID-19 are critical for controlling the pandemic. Therefore, to provide efficient and convenient intelligent legal knowledge services during the pandemic, we develop an intelligent system for legal information retrieval on the WeChat platform in this paper. The data source we used for training our system is ‘The typical cases of national procuratorial authorities handling crimes against the prevention and control of the new coronary pneumonia pandemic following the law’, which is published online by the Supreme People’s Procuratorate of the People’s Republic of China. We base our system on convolutional neural network and use the semantic matching mechanism to capture inter-sentence relationship information and make a prediction. Moreover, we introduce an auxiliary learning process to help the network better distinguish the relation between two sentences. Finally, the system uses the trained model to identify the information entered by a user and responds to the user with a reference case similar to the query case and gives the reference legal gist applicable to the query case.
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