Legal Education and Technology: The Potential to Democratize Legal Knowledge and Power
No. 10 (2023-03-06)Author(s)
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Russell G. PearceFordham University
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Hema LochanFordham University
Abstract
The current technological transformation of legal education, including computer-based, interactive, and online modes of instruction, represents “one of the most dramatic technological revolutions in history, if not the most dramatic.”1 As the AI-based technological revolution accelerated dramati- cally in the 1990s, many commentators responded to the “commercial spread of the Internet” with utopian faith in its potential to equalize and democratize knowledge and power. This faith gave way to a second wave of comments criticizing the “damages… to historically subservient groups”, the threat of “disinformation” and polarization of democracy, the consolidation of power in Big Tech and authoritarian governments, and the threat to privacy in general.2 Today’s commentators are challenged to determine if and how to address these harms while realizing the potential benefits of AI-powered technology, especially given the impact and use of technology during the forced experimentation that took place during the COVID-19 pandemic.
In assessing the potential impact of technology on legal education, this paper focuses primarily on legal education in the United States, although we will include some comparative ideas. Part I provides the context for our analysis – how legal education functions today to maintain hier- archy and inequality regardless of any specific reliance on technology. Part II examines the way law schools currently use online legal education, and its minimal impact on democratizing legal education. Part III will explore the potential of technology to improve legal education, including democratizing legal knowledge and power.
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