from Ken Gallant:
Many of us teach at law schools which have recently undergone, or
will soon undergo, the septennial American Bar Association accreditation
process.
I’m sure that many of you have had to read the ABA Self-Evaluation
Questionnaire, given to all law schools as part of this process.
When I did, I was brought up short by Question III (6):
Describe how the law school
ensures successful completion of not fewer than 58,000 minutes of instruction
time . . .
You may have had the same immediate reaction that I did:
“58,000 minutes? Who can even count that high anymore?”
But then I began to realize that this is serious, and I
wondered: if our Dean was required to take an oath, could he swear that
each and every one of our graduates got 58,000 minutes or more of actual
education? I know that I could not swear such an oath.
So I began to think about how law schools can do this, and I soon
realized that this issue is related to another problem raised by ABA rules that
we have been discussing for years: Class attendance policies. I
know that these have been a pain for a lot of us—they certainly have been for
me. All the distributing and collecting of attendance sheets, students
signing for each other when one misses class—you know the drill.
Yet upon reflection, I think we can address these two issues
together. Through the wonders of modern technology, we can set things up
so that we are in compliance with both these ABA standards. Here’s what I
propose:
For all students entering Fall 2010 and thereafter, all ABA
accredited law schools should require
implantation of a radio receiver/microchip on the side of each student’s skull at the beginning
of law school. No school will grant a
diploma until the microchip registers over 58,000 minutes in proximity to a
radio beacon which each faculty member will turn
on in every classroom only
when class is in session.
This way, we get the 58,000 minutes, plus, we have by definition
ensured regular attendance under ABA Standards. Two birds with one stone.
There are naturally a few technical complexities. Our
computer guru told us a few years ago that we couldn’t really limit wireless
computing capability to classrooms—radio signals go through walls.
Therefore, educational institutions would probably need to line all of the
classroom walls and doors with a nano-sheet of lead particles, to prevent
students from activating their chips by sitting in the hallway outside of
class.
Removal of the microchip and handing it to another student to get
credit for a class one doesn’t attend will be an honor code violation requiring
immediate expulsion of both students. We need to lobby Congress to ensure
that cutting off the side of your skull to do the same thing will be
specifically excluded from coverage under national health care reform.
Sounds great, doesn’t it? And we can do it all with
currently available technology! After all, it is even today illegal to be
a cat wandering the streets of Little Rock without an implanted microchip.
But wait, there’s even more goodness coming down the pike
soon.
Note that the ABA Standard requires not just 58,000 minutes, but
“successful completion of not fewer than 58,000 minutes of instruction time.”
How do we judge “successful” completion of each minute?
I’ll bet that a lot of law schools—including mine—are out of
compliance with this part of the standard. Right now, I have only one
tool for judging success of each minute for each student, and it’s rather
blunt—I can wake up anyone who seems to be falling asleep. But I’ll bet
that many of you were like me in law school—able to zone out into a trance
without appearing to the teacher to be asleep. So I’m not utterly
convinced that I can swear to the successful completion of each minute by each
student, even when they are present.
Never fear though. Technology will soon provide us with an
answer even for this: Within about 5 years, microchips will be available
(at a reasonable cost) that can record the presence of higher brain
functions. Any student whose brain wave function is not sufficiently
close to other students’ brain wave functions will obviously not be
concentrating on the subject matter, and will not get credit for each minute in
which her/his brain wave function does not match. Research has shown that
brain-wave shapes cannot be faked, no matter how good the student is at lying
in words.
This will require a slight expansion of the implanted device, to
allow for radio transmission of the brain wave function. It will also
require a significant expansion of computing power on law school networks, as
our servers will be doing real time analysis of dozens of brain waves in each
large class.
Once we can determine that all students are actually concentrating
on learning the subject we will know that they are successfully completely each
and every one of the 58,000 minutes of the law school course. Thus we
know we will be teaching effectively. Then we can give up on all sorts of
assessment nonsense such as visiting each others’ classes and student evals of
teaching.
There’s the third bird.
Along with ABA accreditation, what more could anyone want?
Kenneth S. Gallant
Professor of Law
University of Arkansas at Little Rock
William H. Bowen School of Law
1201 McMath Avenue
Little Rock, Arkansas 72202-5142 USA
phone 1-501-324-9912
fax 1-501-324-9911
[email protected]
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