Just as it has transformed
other domains, the Internet is
transforming communications
in the legal profession.
Henry H. Perritt Jr.
The Internet
Revolution in Law:
Teaching in New Ways
T
he Internet is revolutionizing the law,
legal institutions, and the roles of lawyers
and law schools. Legislatures and courts
all over the world are discovering how a
$3,000 Internet-connected computer can be a
remarkably cheap printing press for legal pub-
lishing, through which to instantly communicate
new statutes, court decisions, and administrative
regulations.
Law schools have an important role to play in
connection with this revolution.They should sup-
port electronic publishing and virtual library ini-
tiatives by public institutions.They must continue
to generate intellectual and human capital in the
form of scholarship and well-educated graduates,
accounting for new and substantive legal issues
that the Internet presents. Finally, it is increas-
ingly clear that the Internet provides a new set of
educational tools for distance learning that more
schools must begin to understand and use to
improve teaching quality.
Distance learning extends to all uses of com-
puter, telecommunications, and digital networking
technologies that permit edu-
cation to occur outside a con-
Inside ventional classroom.Thus de-
fined, it includes preparation
Distance Learning of videotaped lectures, pre-
Efforts in Law programmed computer-assis-
ted legal instruction (CALI)
Enabling the Rule exercises, and use of the Web
of Law to deliver these and other
materials.
40 IT Pro November ❘ December 2000
MODELING THE
EDUCATIONAL EXPERIENCE
Because distance learning can both supplement
and replace parts of an existing education process,
it is convenient to have a simple model of the con-
ventional process. Such a model can unbundle a
law course into four components:
• pre-class preparation through assigned read-
ings,
• occasional office visits in which students and
their instructor discuss course materials and
deal with student questions,
• student-to-student discussion of materials, such
as occurs in study groups, and
• classroom instruction.
Pre-class preparation
Use of distance learning technologies is most
advanced for distributing assigned readings.
Through electronic publishing, authors and edi-
tors of course materials make them available
cheaply and conveniently to law students. For
example, the electronic casebooks used in
Chicago-Kent’s first-year E-Learn section focus
directly on this component of legal instruction.
Other educators publish all or some course
materials on a Web site and link those materials
to entries in a syllabus, automating this compo-
nent. A significant percentage of published law
school casebooks are available electronically,
although they are not yet directly available on
the Web.
1520-9202/00/$10.00 © 2000 IEEE
Office visits
A growing number of law schools are using Distance Learning Efforts in Law
Internet technologies—predominantly e-mail
and listservs—to automate the student- Chicago-Kent College of Law at the
instructor office visit. Students send in ques- Illinois Institute of Technology will apply
tions about class or assigned readings to the its distance learning techniques (http://
professor who either answers the individual www.kentlaw.edu) to second and third year
student by e-mail or broadcasts the question curriculum as targets of opportunity
and answer to the entire class. appear. Chicago-Kent began to deliver an
Web-based discussion groups are another Internet-enhanced evening division cur-
way of organizing the same kind of interac- riculum in Fall 1999.
tion between student and instructor. Most Kaplan Inc. (http://www.kaplan.com), a
who use the technology for this purpose find commercial training company and Washing-
it more efficient than office hours and student ton Post subsidiary, has partnered with
appointments. The character of the student- Concord University to offer a JD degree entirely through the
instructor interaction is qualitatively differ- Internet.
ent through the newer medium, however. Florida State University and the Open University and College of
Such interactions are more focused, partially Law of England and Wales are exploring how to offer undergrad-
because the average student finds typing uate legal courses remotely.
extended questions/discussions burdensome
and inconvenient. Using distance learning for
this instructional component tends to make
student-instructor interactions more succinct, which may Chicago-Kent and other law school faculty and technol-
or may not benefit learning. ogy staff who have participated in distance learning exper-
iments have come away struck by how much is missing from
Student-to-student interaction a simple broadcast of part of a law class: Broadcasts lack
The same technology that works for student-instructor much of the ritual and entertainment aspect of a good
interactions is often well suited for student study groups. Socratic law class.The subtle, nonverbal cues from class to
In the past, several reasons have limited technology’s use instructor—communicating levels of preparation, and
for this purpose. First, students tend to use discussion degree of student comprehension, boredom, and interest—
groups and listservs to present questions directly to the are lost. The best law school class has these elements; and
professor.They are unlikely to use the application for any- good law teachers make effective use of pace, momentum,
thing else unless a professor deflects these bilateral ques- theater, and overall group dynamics in their teaching. So it
tions and answers into a broader electronic discussion. Not is important that further technology development in legal
many professors realize the need for this purposeful inter- education explores these phenomena more deeply and in
vention. an environment in which the full range of technological
Moreover, the same characteristics of the technology tools is readily available. Only in such an environment can
that discourage extensive exploration of collateral points pedagogical judgment—rather than technological conven-
and intellectual context in student-instructor discussions ience—drive choices of techniques.
can discourage wide-ranging electronic study group dis- The frontier for distance learning is the classroom. Use
cussions among students. It takes more work to follow a of Web technologies for other components of the learning
group discussion through a computer display than to sim- experience is proven and will likely be used increasingly as
ply sit at a conference table and participate orally. more law professors become familiar with the techniques
and have access to the necessary infrastructure.
Classroom instruction
In law, information technology has been used least to DESIGNING FOR
complement or replace what goes on in the classroom. To VIRTUAL CLASSROOM INSTRUCTION
be sure, the Illinois Institute of Technology and other uni- Good virtual-classroom design for legal education begins
versities have used distance learning in the form of remote by deconstructing the classroom experience. One approach
television broadcasts of classroom lectures for many years. to such deconstruction models a first-year Socratic law
Closed-circuit video of this form, however, simply takes a class, identifying the following specific purposes for class-
piece of what goes on in the classroom and makes it avail- room instruction:
able remotely. It does not probe the classroom experience
deeply or select particular pieces for technological • modeling the behavior of judges and advocates,
enhancement. • transmitting information,

November ❘ December 2000 IT Pro 41

 IT AND LAW

• quizzing students to give them feedback on how much
they do or do not know,
• allowing students to practice articulating legal concepts
and developing argument skills, and
• teaching students how to deal with stress in an advocacy
situation.
Studio production, on the other hand, permits instruc-
tors to better use techniques that are difficult in a live class-
room, such as quizzes and programmed instruction,
scripted presentations, and simulations. It also facilitates
the use of multimedia techniques such as streaming
Powerpoint presentations. Video or

Information technology serves

Consider whether a audio of real-world events can also
have more impact when they are
many of these purposes at a level group setting edited into other studio-produced
equal to that of in-class instruction. Its materials rather than being played
use in quizzing and transmitting infor- is important to live in a classroom.
mation offers the clearest example. learning. In this method, the entire classroom
Other purposes, such as the modeling, experience—including audio-visual
might be best met by showing law stu- aids—is on tape or broadcasted. The
dents video of actual instances of judging and advocacy. principal disadvantage of extensive studio production is
Using information technology to relax the constraints the faculty time it takes and the capital expenditures nec-
of the calendar and clock could improve those experiences essary for appropriate production and editing equipment.
that now must go on in the classroom. For example, a class
could begin the semester with virtual observation of actual Group or solo setting
judging and in-court advocacy. Students could then par- In designing a distance learning experience, consider
ticipate in a live discussion followed by a virtual interaction whether a group setting is important for learning. All dis-
shaped by the professor’s specific questions and CALI- tance learning materials—whether broadcasted or
style exercises. Toward the end of the semester, the class recorded from a classroom or produced in a studio—are
could host a moot court (mock trial) experience for all stu- delivered to students. Sometimes, delivery is in a solo set-
dents followed by a critique. Indeed, I can envision a first- ting, such as an individual student’s home or office. Or stu-
year law school experience that begins with a 10-day, 14- dents can view them in a group setting, such as a remote
hour-per-day “boot camp” followed by distance learning. classroom, or a conference room controlled by an institu-
The boot camp would achieve professional socialization tional sponsor.
and bonding, objectives only imperfectly pursued in the Most people’s common experience suggests that there is
present academic calendar with all its distractions. significant motivational value in being scheduled to go to
Using information technology in instances where it can class at a particular time with other people. Students can
do the job as well or better than an in-class activity frees experience a combination of embarrassment and loss of self-
professors to do other tasks that are ordinarily infeasible esteem when they miss class. The loss of self-esteem is less
within a manageable investment of time. when a student simply fails to do an individual exercise.
Designing appropriate virtual classroom tools and mod- Also, a traditional classroom setting minimizes distractions:
ules, however, requires answering several mixed peda- Students are shielded from telephone calls, background tel-
gogical and technological questions. evision noise, and requests from children or spouses.
On the other hand, delivering distance learning only to
Studio-classroom content mix group settings eliminates some of the technology’s advan-
Distance learning lets professors produce content in a tages. Sponsors must still pay for classroom space. Students
studio environment or capture content from in-class activ- must travel to be with other group members, and the group
ities. It is important to consider what should come from must meet at prescribed times. Enough students must be
each source. Capturing audio and video of in-class activi- within a reasonable distance to form a group. Eliminating
ties requires less faculty time, an aspect that appeals to the group learning constraint permits individual students to
some professors. This way of producing content can also set the time of their studies and eliminates travel time and
be relatively inexpensive. cost. Delivering to individuals also eliminates any require-
However, costs for recording video and audio can be high ment for a minimum number of students or classroom rental.
if one needs skilled camera operators to follow instructor Technology requirements for group settings are also
movements and capture student interaction.The complex- challenging. It is difficult with low-cost, Internet-based
ity and richness of a good classroom interaction often technology to capture the group interaction. Should there
requires a high degree of artistic talent to capture. It is not be one or multiple cameras? Should each student be wired,
clear that law schools can mobilize the requisite cine- should a staff member carry a microphone around the
matography, directorial, and video-editing talent at afford- classroom, or is the group small enough to use a single,
able costs. So simply filming students and professors in a tabletop microphone?
Socratic classroom is likely to be a mere shadow of reality. On the other hand, equipment for delivering course con-

42 IT Pro November ❘ December 2000

tent to students in a group is simpler than delivery to indi-
viduals. The group only needs one appropriately sized
video display device and audio system. Students in groups
can also interact in person, eliminating the need for tech-
nology applications to foster student-student interactions.
Obviously, designers of virtual classrooms must decide
how the remote group—or solo student—will communi-
cate with the professor.
Synchronous or asynchronous delivery
In distance learning, some virtual classroom activities
will be synchronous (simultaneous); others, asynchronous
(time shifted).Asynchrony has advantages in that it better
accommodates the preferences of students and professors.
Anyone can attend class whenever it is most convenient
(assuming solo, rather than group, delivery).
In some virtual law classes, the professors define specific
classes by time periods, such as 24 or 48 hours, or one week.
Enabling the Rule of Law
Readily available court decisions are nec-
essary components of any rule of law, which
depends on consistent decision making.
Without knowing how others decided sim-
ilar cases in the past, judges cannot assure
that a new decision will be consistent with
earlier ones. In support of this function,
the Internet has become an engine of legit-
imacy for new political and legal institu-
tions in transitioning countries. The
technology makes it easy for institutions to
communicate their work and reasoning to
citizens and the international community.
For example, I led an effort—the 1996
Project Bosnia—that provided an electronic forum and
information service to help reconstruct the rule of
law in war-torn Bosnia. I’ve continued to encourage law
schools and other legal institutions in transitioning
countries to launch similar projects. One of the most
notable successes is the Macedonian Legal Resource
Center, maintained by the Skopje University law
faculty in Macedonia (http://pbosnia.kentlaw.edu/
macdonia/mfrc/1_1a.htm).
At the same time, a low-cost PC connected to the
Internet becomes a virtual library through which a
judge, legislator, or government official can consult the
laws of other jurisdictions and international bodies such
as the European Commission, the European Court of
Human Rights, and the World Trade Organization.
The Internet also makes it easier for citizens and their
representatives to participate in political and legal
To attend a given class means to participate a specified
number of times during the specified period. Students can
interact with each other and with the professor by posting
questions or comments in the form of text messages or
video or audio clips.They can also alter Web pages to which
they all have access—a sort of white-boarding concept.
Through these processes, asynchronous interaction can be
fairly probing.
But the asynchronous method’s lag between question and
answer can reduce the quality of the experience. A live
interchange, in contrast, permits instant clarification of
ambiguities or misunderstandings. Efficient simultaneous
interactions of this sort involve audio and perhaps video; it
is simply inefficient for multiple users to wait while a poor
typist laboriously enters an idea in a conventional chat room.
Video’s impact versus cost
Distance learning applications can employ several types
processes. Legislatures and administra-
tive agencies regularly publish proposed
laws and regulations on the Web, and
solicit comment from interested persons.
For example, the National Telecom-
munications Industry Association
(NTIA) solicits comments on telecom-
munications policies (http://www.ntia.
doc.gov). The US Federal Communi-
cations Commission (http://www.fcc.gov)
lists instructions on how to submit elec-
tronic comments.
Web connectivity makes it easier to
form and to maintain political action
groups and nongovernmental organizations (Henry H.
Perritt Jr., “The Internet as a Threat to Sovereignty?
Thoughts on the Internet’s Role in Strengthening
National and Global Governance,” Independent J.
Global Legal Studies, Vol.5, No. 423, 1998).
But the Internet does not only favor those seeking to
change governmental policy or incumbent governments;
it also makes it easier for established governments to
inform constituencies of their policies and the bases for
them. When disputes arise, the Web facilitates decisions
by making it easier to find court dockets, to file papers
with judicial officers, and to exchange legal materials
between litigants. A good example of the latter is the
Web-based filing and docketing tools developed by the
Center For Information Law and Policy (http://
www.cilp.org) to use in litigation over Phen-Phen, a diet
drug.
November ❘ December 2000 IT Pro 43
 IT AND LAW

of video. The most common form of distance learning is For example, my experience indicates that distance
probably a “talking head”—a broadcast or video record- learning will never become successful in legal education
ing of a professor delivering a lecture. Those developing unless mainstream law teachers support it. It is not enough
distance learning applications must consider how much for the computer afficionados in the faculty to experiment
richer such a video image is than presenting the same class with distance learning tools.You must enlist the respected
through audio alone. Currently, the video image quality Socratic teachers—those who teach large classes in basic
available over a 28.8-Kbps Internet subjects—regardless of whether they
connection is much less than that of a You must enlist the like computer technology or not. Of
television transmission. course, you need not enlist all such
A related question is “What should support of respected people at the same time. But any seri-
the video show?” For example, under teachers to succeed. ous experiment with distance learn-
what circumstances is streaming ing that seeks to better define the
Powerpoint or edited video of real- relationship between technology and
world events better than a talking head? On the other legal pedagogy must involve—from its earliest stages—at
hand, talking heads are almost certainly cheaper to pro- least one large-class, basic-subject Socratic instructor.
duce than any other kind of video. Anticipate that the biggest source of faculty opposition
to distance learning techniques may be the reason most
Mix of audio and text professors teach in the first place: They relish the theater
What is the most appropriate mix between audio and involved in teaching a good law course.
text? Should some things be delivered by streaming audio Most such professors honor Justice Holmes’ maxim that
rather than text? Why, because audio is easier and cheaper professors deliver legal education not only in a competent
than text? What use should be made of voice recognition matter but also in the “grand manner.”
technology to produce transcripts, perhaps imperfect tran- A successful law school class involves considerable the-
scripts, of prerecorded audio? Often, most of the added ater and there is great ego satisfaction in teaching these
value is in the audio with video adding little. Course design- classes. To the extent that aggressive application of dis-
ers should be clear about the educational value added by tance learning technology pulls professors off center stage
video, and design, direct, shoot, and edit accordingly. in the classroom and turns them into video producers and
casting directors, the thrill of law teaching will diminish.
Asymmetrical media channels

Designers of distance learning applications must con-
sider the type of communication channel available in three
directions:
• professor to student,
• student to professor, and
• student to student.
A typical Web-based distance learning environment
provides asymmetrical communication channels. The
professor-to-student channel presents material through a
combination of full-motion video, audio, text, and static
images. Students usually respond to professors with audio
questions and comments. Students respond and interact
with each other only through text.
In a typical remote classroom equipped with a speaker-
phone, students receive video and audio but respond only
via audio. Designers need to ask themselves,“How impor-
tant is it to add video from the students?” What is its pur-
pose? Does it enhance the experience of the students, the
professor, or both?
A
s with any innovation, the success of distance learn-
ing applications depends on the incentives or disin-
centives they provide participants, both professors
and students. In the long run, virtual classes might be more
attractive than regular classes because of the advantages
of time shifting and flexibility of place that distance learn-
ing offers.
In the short run, however, teaching a virtual class will
mean considerably more work for instructors than teach-
ing a regular class. It requires professors to rethink the edu-
cational experience, to unbundle and repackage the
components of a traditional course to take advantage of
technology. Professors must also tolerate the anxiety asso-
ciated with any experiment and the inevitable implemen-
tation problems.
Because of these short-run disincentives, law schools
must offer significant economic incentives to those pro-
fessors willing to participate. It is especially important that
these incentives be available, because the experiment must
enlist participation from a broad range of faculty—beyond
just those fascinated with technology—to succeed. ■

STAKEHOLDER SUPPORT
As in other IT projects, those championing distance Henry H. Perritt Jr. is dean and professor of law at the
learning applications must never underestimate the impor- Chicago-Kent College of Law, Illinois Institute of Technol-
tance of firm support from participants and stakeholders. ogy. Contact him at hperritt@kentlaw.edu.

44 IT Pro November ❘ December 2000