Legal Education / Law Libraries / Legal Research

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.

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.

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) 124-129
Jurisdiction: 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.

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.

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.

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.

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.

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 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.

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.

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.

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.

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.

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.

Dutton, Yvonne and Seema Mohapatra, ‘COVID-19 and Law Teaching: Guidance on Developing an Asynchronous Online Course for Law Students’ [2021] St. Louis University Law Journal (forthcoming)
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.’ Delivering online education to students involves more than giving the same classroom lecture on Zoom. 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 is going to be with us for the foreseeable future, and because some schools might be unable to bring all of their students back into the classroom in the fall, we urge faculty to prepare to deliver their courses online. Law schools and faculty should not wait for another emergency and should prepare to deliver at least some of their courses online in the fall. To aid with this transition, 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.

Franks, Mary Anne, ‘Protecting Privacy and Security in Online Instruction: A Guide for Students and Faculty’ (SSRN Scholarly Paper No 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.

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.

Gauthier, Ryan, ‘Teaching Essentially: Emergencies, Flight Instruction, and The Law School Classroom’ (2020) 25(4) Lex Electronica 65–70

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.

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.

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.

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)

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.

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.

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’ (University of Denver Legal Studies Research Paper No 20–16, 2020)
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 No 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).

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) Akron Law Review (forthcoming)
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 delivery3, 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 Kaminer, Debbie, ‘Vaccines in the Time of COVID-19: Using Vaccine Mandates to Teach about the Legal and Ethical Regulation of Business’ (SSRN Scholarly Paper ID 3883768, 10 July 2021)
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.

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.

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.

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

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.

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.

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, ‘Asynchronous Online Law School Teaching: A Few Observations’ (SSRN Scholarly Paper No 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.

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 Steven, ‘Teaching Law Online: Yesterday and Today, But Tomorrow Never Knows’ (SSRN Scholarly Paper No ID 3731103, 15 November 2020)
Abstract: If The Beatles were to write an album about COVID-19, they might sing, ‘Yesterday, all our troubles seemed so far away, but now it looks as though Zoom’s here to stay.’ The Beatles were creatures of the 1960s, and to all our benefit, they chose to sing rather than go to law school. But legal educators in 2020 and beyond need to grapple with the mysteries of online teaching, something that many of us ignored ‘yesterday,’ and which all of us will have to grapple with today and tomorrow. So what is online legal education? Is it the use of online casebooks? CALI lessons? Websites with handouts? Online books? Zoom lectures? Is it ‘Live’ (synchronous) or is it ‘Memorex’ (asynchronous)? Is online legal education merely a set of technological tools or does it involve a set of dedicated pedagogies? Is it really worse than in-person teaching or is it just different? Once the pandemic ends, should online teaching continue in some form?Such questions are starting points for a ‘Magical Mystery Tour’ that some legal educators have taken and others have avoided, but which none can ignore any longer. Although the role of ‘online’ in legal education has grown over the past several decades, online teaching became a necessity in Spring 2020 when the COVID-19 pandemic shuttered brick-and-mortar classrooms nationwide. Because online teaching is now necessary, it is also problematic, and law schools and legal educators need to carefully consider when, where, and how to effectively use online tools and techniques in legal education. With a Beatles lyric or two, this essay reflects on the author’s experiences with the yesterday, today, and tomorrow of online legal education. It closes with that most scholarly of prescriptions, a listing of Top Ten hits that legal educators should consider when 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 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.

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.

Nixon-Jones, Latisha, ‘Beyond Recovery: Reimagining the Legal Academy’s Role in Disaster Law’ (SSRN Scholarly Paper No ID 3624340, 10 June 2020)
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 postgraduation 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.

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.

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.

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.

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.

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.

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.

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.

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.

Ryznar, Margaret, ‘Common Mistakes in Online Teaching’ (SSRN Scholarly Paper No ID 3634399, 24 June 2020)
Abstract: This article explains five common mistakes in online teaching and how to fix them. To do so, this article draws on student comments coming from mid-semester surveys in an Online Trusts & Estates course, as well as focus groups on online law courses.

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] St Louis University Law Journal (forthcoming)
Abstract: This Article offers lessons from an empirical study of an Online Trusts & Estates course. More than 280 law students were surveyed over three semesters on what works well for them and what does not in this online course. Their top three answers in each category serve as guidance for faculty creating online courses. Extract (page 3): It is important to note that this Online Trusts & Estates course is fully asynchronous and was built over time. In an asynchronous course, teaching and learning is done through an online learning management system (in this case, Canvas), with lessons organized by modules containing prerecorded lectures by the professor, readings, supplemental videos, and student assessment activities that often receive faculty feedback. This differs from synchronous courses done live but online through video conferencing, such as Zoom, which most faculty adopted during the COVID-19 pandemic because they were confronted with an emergency and lacked the time to build a course in advance. Nonetheless, many of the lessons for asynchronous courses presented in this Article hold true for synchronous courses as well.

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.)

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.

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.

Smyth, Gemma, ‘Law School Assessment Revisited’ (2020) 25(4) Lex Electronica 135–139
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.

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.

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.

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.

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 IC, ‘Elements of Effective Online Instruction in Law’ (2021) St. Louis University Law Journal (forthcoming)
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.

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.

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.

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.

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