Showing posts with label bar examinations. Show all posts
Showing posts with label bar examinations. Show all posts

Sunday, January 31, 2010

From SUI to ACT: Higher Ed's Crumbling Monopoly

January 31, 2010, 9:20 a.m.

Universities Yesterday and Tomorrow
For universities today, and more, see the bottom of this blog entry
(brought to you by FromDC2Iowa.blogspot.com*)

There are probably thousands of reports on the challenges confronting higher education, their missions, their five-year plans. From my perspective each challenge has a solution.

But few academics address the worst case scenario: the disappearance of universities as we know them. That challenge also has a solution. Unfortunately, it also has powerful analogies.

Try 40, not 5-year plans. Over 40 years ago, in an environment of libraries’ card catalogs, paper newspapers, and three TV networks, I predicted “Communications in the Year 2000” (ultimately a chapter in How to Talk Back to Your Television Set) would include “instantaneous, ubiquitous, no-cost access to all information.” Today it's here. We call it the Internet.

The 99.99%-off sale. We’re used to January's 10% to 50%-off sales. But 99.9% off? The computational capacity you could buy for $1 million 40 years ago -- but would have been far too heavy to lift -- today's students now have delivered by UPS, carry in backpacks, and costs them $1000 (or less). The 99.9%-off sale. So what, you ask?

Broadside blows. So companies, even entire industries, have disappeared or struggle against formerly unpredictable competition. All the rules have changed – and at an accelerating rate of change. That’s “so what.”

Ten years ago Facebook (300 million members), YouTube (20 hours of video uploaded each minute), Wikipedia (3 million articles; 161 language editions), and iPhone (3 billion downloaded applications) didn’t exist.

With 4.5 billion cell phones in over 200 countries, and smart phones’ Internet capabilities, cell phone networks are rapidly becoming the platform, the pathway to the new Internet. The cable TV and landline phone companies, and the Wi-Fi systems they feed, may feel the same kind of broadside blow out of nowhere from which the newspaper industry is now trying to recover.

Musicians and their fans no longer need “record companies,” film makers don’t need “studios,” journalists “newspapers,” or authors “publishers.” All can go directly to the Internet. Craig’s List is the new “classifieds.” Amazon the new Sears. Downloaded movies closed video rental stores.

Why do we think our near-$300 billion industry called higher education is immune to such telecommunications tsunamis?

Just as the online content of the New York Times is available for free, so is the online content of an undergraduate education. Harvard, Yale, Stanford and Princeton make courses available online for free. The near-250 million additional Web sites provide the rest of what students need.

Is the "college education" a student can get off the Internet "the same" or "as good as" what can be obtained by sitting in a college classroom or lecture hall for 1800 hours (120 credits times 15 weeks each)? Probably not. Though I would say, "it depends."

Faculty can inspire, excite, encourage and direct students who want to learn. And that makes a difference, often a big difference in an occasional student's life. But no one can "teach" someone else, particularly someone who is not all that enthusiastic about learning in the first place. "You can lead a horse to water . . .."

With "public" universities' tuition closing the gap with that of Ivy League colleges, it is not that unusual for the total cost of an undergraduate and graduate education to cost on the order of $200,000 or more (tuition is only a part of that total), whether the parents saved for it, pay for it, or the student borrows for it. (Of course, the cost is even greater if the opportunity cost -- what could have been earned in the marketplace during those four-to-eight years, but wasn't -- is factored in.)

Thus, even if the gains from sitting in that classroom (offset by the losses from binge drinking and other temptations and time wasters) exceeds the value of obtaining that education on one's own, is the incremental value worth the $200,000 or more?

And if the answer to that question is not immediately obvious, it leads us to the next question: Why, then, would anyone lay out that kind of money just to learn stuff?

The answer, of course, is that they would not. Not when you can learn stuff for free. So why are they paying; what are they getting for that money?

They are paying the money to obtain the certification that they are a "college graduate," as they go into an economy that rewards that certification with higher pay.

If that's the primary goal, why don't they go elsewhere to get the certification? Because accredited colleges and universities are the only institutions licensed to print those certificates. (Paying $200, a much lesser amount (another 99.9%-off sale?), for the printing of the fake driver's license necessary for the illegal consumption of alcohol near campus is one thing. But lying about one's "college graduate" certification, or obtaining and framing a counterfeit degree, tend to be viewed as a much more serious offense in the workplace.)

Higher education's hold on parents' and students' wallets comes from the monopoly those institutions hold on the granting of degrees, and the resulting "medallion value" those diplomas possess.

Do you see how fragile that monopoly can be in our digitized, globalized world that Tom Friedman tells us is now flat?

If newspapers and book companies are discovering that writers can go directly to the global market that is the Internet without passing through their editors, if "record companies" find that musicians can do the same (with either samples or whole tracks for free or for sale), if video rental stores are boarded up while their customers download movies, why do we think higher education will forever hold a monopoly on "college" certification?

And what if we didn't?

• In 1971 73% of college students said it was “essential or very important” to have a “meaningful philosophy of life.” Today 78% identify “wealth” as their goal, and “business” is the most popular major.

• Parents understandably wonder about the value of a college degree that may cost $200K or more.

• Firms that seek self-starting, creative knowledge workers recognize the value of the equivalent of a liberal arts education. They also know a diploma doesn’t even guarantee the basic math and language skills the firm needs in its employees -– and that those skills don’t require a diploma.

Business doesn’t want “majors;” it wants employees with those basic skills. Southwest Airlines says, “we hire for attitude and train for skills.” But as the executive of a local Fortune 500 told me, “We can’t even train employees for skills if they haven’t mastered the basics.”

Passing the GED exam is treated as a high school equivalency. Passing the GRE exam qualifies a student for graduate school.

What if those who could pass a standardized exam were recognized as even better than college graduates (because of the rigorous language and math components)? A local business person told me he’d hire them for “college graduate” positions in a New York minute. He wants to know what they can do, their willingness to work and sense of responsibility, and what time management and social skills they have -- not what grades they got or how many initials they're legally entitled to put after their names.

Educators are slow to change. Professors started lecturing 1000 years ago because there were no books. Now, notwithstanding books, we’re still lecturing to warm (if often inattentive) bodies in lecture halls.

We don’t have 1000 years this time. If the UI ever loses its monopoly on certification Marc Moen will be replacing four Pentacrest buildings with high-rise condos.

The certification process may remain in Iowa City, but be based on results of exams announced by ACT and Pearson, institutions with neither faculty nor students, certifying those qualified for employment as knowledge workers in a global economy.

If we ever transform what was once SUI into ACT, the certificate ACT awards to a University of Phoenix graduate will be the full equivalent of the diploma we give a UI graduate -- or the certificate a dedicated student obtains without assistance from either institution.

It couldn’t happen? I remember when no one else imagined a $1 million computer could ever sell for $1000 and become part of a global network.

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More . . .

Today's blog entry is deliberately kept short enough to make it an easy read.

But because there were a lot of other thoughts running through my mind while writing it, I thought I'd simply append some of them here, rather than embedding them above.

Jim Stroud. As a young kid, there are some of your parents' friends you connect with and really like. Jim Stroud -- faculty member, neighbor, and family friend -- was one of those for me. I thought he looked like Mark Twain. He may have actually been from Missouri, I don't know. He had the moustache, smoked a pipe, wore tweed coats, had a bit of a twang and a great sense of humor. He and Dad claimed to be Swedish cousins, though I don't think they ever really documented that. They both worked at writing amusing "laws." As a sample, one of Dad's was, "What else is there to scratch but the surface?" One of Jim's was, "I'd rather walk down one dry road than ten muddy roads." Maybe you had to be there. (Actually, he lived at the top of the hill that is now "Greenwood," and was then sometimes a muddy road.) Since they had geese up there, I assume they must have been the donors of my sister, Kate's, goose "Blimp."

I am literally a child of the University of Iowa: born it its then-new hospital on the west side of the River, part of the Iowa Child Welfare Research Clinic's two-, three-, and four-year-old groups (then at 9 East Market Street), and a student at (and ultimately graduate of) the College of Education's "University Elementary and High School" (Class of 1952), now simply "North Hall."

As such, we were the guinea pigs for a great variety of educational testing and doctoral dissertations. And one of those experiments was Jim Stroud's, and the world's, very early efforts at "speed reading."

As he traveled around the State of Iowa, trying to sell school districts on the idea of trying it, he was often confronted with the argument, "But if they read that fast they won't learn and remember the material." (Truth is, you often learn and remember it better.) Jim's response was, "Well, I figure if it takes 'em two hours to read their homework assignment now, and they don't understand it, and I can show 'em how they can read it in 45 minutes, and they still don't understand it, well, shucks, I've done 'em a favor."

That's kind of my reaction to the opposition to kids studying on their own from an organized curriculum available off the Internet at no cost to themselves. "Well, I figure if it takes 'em five years in college to get a four-year degree for $200,000 now, and they don't learn all that much in the process, and I can show 'em how they can get the equivalent "college" certificate by studying on the Internet, for free, and they still don't learn all that much, well, shucks, I've done 'em a $200,000 favor."

Certificates. There's an enormous amont of online education, training and certification going on now -- and that's before taking into account the increasing number of students (both on and off campuses) who are picking up academic credit for online courses from their own institution or others. The military has online courses and training, including college credits. Microsoft offers a number of certification programs online, qualifying those who "pass" with levels of expertise in various computer science specialties. Human subjects researchers are now required by the NIH to take an online training program regarding human subjects research ethics before receiving grants.

In fact, even teachers get "certification" as well as, or without the need for, formal "college" credits:

"West High journalism teacher Sara Whittaker has achieved Certified Journalism Educator status from the Journalism Education Association. To earn the certification, a teacher must earn college credit in news reporting and writing, communications law and publications advising, or pass an examination that demonstrates their proficiency in those areas." "Teacher Earns Certification," Iowa City Press-Citizen, February 1, 2010.

How can educators possibly argue that they can demonstrate proof of skills and professional advancement through certification without formal classes, but it is somehow inappropriate for students to do so?

Indeed, the University of Iowa is already offering online courses, instruction, training and certification, e.g., "UI Learning and Development/E-Learning." That's not really an answer to the potential "broadside blow" if higher education loses its certification monopoly, but it is an illustration of the fact that -- like the newspapers that gave away their content online and then came to regret it -- universities are certainly capable of offering education without buildings.

A couple days ago I met a woman, married with four kids, probably in her late thirties, who never finished college, but still has dreams of someday attending law school. Given the childhood she endured, no one could have predicted the success she has achieved in her chosen line of work. She has over the years put herself through every relevant certification program that relates to her job, and now has more initials after her name than your average Nobel Prize winner. I have absolutely no doubt that if a free, online route to certificate of "college equivalency" and "law degree" were available to her she would pursue them. And I suspect that, as extraordinary as she is, there are probably more like her out there, and that we are all poorer as a nation for not making that path possible for them.

The legal profession's "certification" approach. Ironically, the ability to practice law -- the study of which in universities is a graduate program on top of an earned undergraduate degree -- is controlled with a certification process in many ways unrelated to academic institutions: the "bar examination."

Admittedly, most lawyers attend, and graduate from, law schools before taking a bar exam. But there are still states and circumstances where that is not required. (I have not independently researched this, but this Web page cites as its source "Comprehensive Guide to Bar Admission Requirements 2004," published by the National Conference of Bar Examiners and American Bar Association Section of Legal Education and Admissions to the Bar.)

And, like most professions, there is a kind of ongoing certification process called "continuing legal education" that requires practicing lawyers to earn a minimum number of "CLE credits" each year to maintain their "active" status and continue to practice law. Increasingly, these programs are offered online. (Although my bar membership can be maintained as "inactive status" because I'm not actually practicing law and taking clients, I "sat in" -- meaning, "in" front of my computer screen -- this past week, for an hour-long, online exploration of the use of trademarks on the Internet that would have provided me CLE credits had I needed them. It was a "class" offered, not incidentally, by a law firm not a law school.)

If we can select those who will be our nation's lawyers with online training, and a certification process unrelated to the academy as such, it's unclear why it would be impossible to do the equivalent for a basic college "certificate."

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* Why do I put this blog ID at the top of the entry, when you know full well what blog you're reading? Because there are a number of Internet sites that, for whatever reason, simply take the blog entries of others and reproduce them as their own without crediting the source. I don't mind the flattering attention, but would appreciate acknowledgment as the source, even if I have to embed it myself. -- Nicholas Johnson
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Friday, August 22, 2008

Abolish Bar Exams?

August 22, 2008, 8:30 a.m.

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"UI Sexual Assault Update" is now embodied in, and being updated as, a Web page, "University of Iowa Sexual Assault Controversy -- 2007-08," July 19-present; although the original blog entry (July 19-August 9) has not been removed,"UI Sexual Assault Update," July 19-August 9. Both remain among "most popular."
"Solving Illegal Behavior Problems by Making It Legal," August 20, 2008.
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"Random Thoughts on Law School Rankings," April 29, 2008.
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And see, Database Index of 500-plus blog entries


Abolish Bar Exams?

A friend, former school board colleague, former mayor of North Liberty, congressional candidate -- and recent Iowa law school graduate -- Dave Franker, argues in a Register op ed this morning that Iowa (which recently decided to stop examining potential Iowa lawyers on their knowledge of Iowa law) should abolish the bar examination entirely. David Franker, "What to Keep More New Lawyers in Iowa? Drop Bar Exam," Des Moines Register, August 22, 2008.

Some states already grant law licenses to those who've earned law degrees from designated law schools, and Franker is making the case for why Iowa should join them.

I have to confess to a little apprehension about the idea.

When I entered law school Dean Page Keeton brought all the new entrants into a room and literally used the line, "Look to your left. Look to your right. One of you is not going to be here next year." He was right; the faculty's grading of exams resulted in roughly one-third of all first year law students not becoming second year law students.

Most of the ones who remained probably could have safely been permitted to practice law on clients. Nonetheless, a bar exam was required as the final rite of passage. Fortunately, we were permitted to take it before graduating. It made for a heavy last semester, what with getting out more law review issues than usual, carrying a full load, holding two jobs and managing an apartment house (as I now recall, perhaps erroneously) -- so much so that I wasn't able to take the bar review course -- but I passed, was admitted, and was able to use the summer before my clerkship began to tour all the national parks west of the Mississippi.

All of this was, literally, a half-century ago.

Grade creep has spread through our schools like kudzu in Alabama. If I recall today's local high school graduation ceremonies correctly, roughly a third to a half of the graduates graduate "with honors" of some sort. There used to be just one "valedictorian." Now there are multiples. I recall a talented high school student near tears over her grades; they were all "As," but she had hoped to get one more "A-plus" than she got in order to bring up her average.

Undergraduate programs in colleges and universities, and even graduate and professional schools, have yielded to the pressure.

The law schools have not been immune.

Indeed it was my concern about the quality of lawyers' writing, as reported to me by judges, that was a part of what caused me to run for, and serve on, the local school board -- believing that the law schools simply could not solve this problem all by themselves.

Before I launch into this commentary, let me make clear that I believe the national ranking of the University of Iowa's College of Law -- among a handful of the top public law schools in the country -- is well deserved. See, e.g., Nicholas Johnson, "Random Thoughts on Law School Rankings," April 29, 2008 (and, as noted above, as of this morning still among the "most popular" of the blog entries). Individual faculty members are productive, conscientious, collegial, care about students, and sought after by other schools (as professors and as potential deans). The law library is, by some measures, number one or two in the country. Our best law students are fully the equal of law students anywhere.

My comments relate to law schools generally (as well as education generally), not any one school in particular.

But today, if a law school dean's talk to new entrants were to be honestly given, it would be, "Look to your left. Look to your right. All of you who want to will be back here next year." If you stay in town, attend a goodly number of classes, take your exams, write your papers, and aren't found to have engaged in conduct involving moral turpitude it's very difficult (though not impossible) to "flunk out" of a law school. And if you do so anyway, the odds are good you can be re-admitted at some point.

Many lawyers, including myself, believe there are some law school courses that every lawyer should take. When I was in law school most of those courses were required. Today they are, for the most part, "electives" that students are free to take or not.

All of the above has prompted me to propose (without gaining the support of a single law professor or member of the bar anywhere, so far as I know) a two-track law school curriculum and system of evaluation. Anyone with the minimum GPA and LSAT score could be admitted to, attend, and graduate from law school -- as now.

But for those who wanted to become practicing lawyers there would be more required courses (both academic and skills), along with different, and higher requirements and standards regarding such things as preparation, performance, and professionalism. (I've hinted at some of the distinction in "So You Want to be a Lawyer: A Play in Four Acts" -- probably, among the thousands of bits of writing I've posted to my Web site and blog over the years, the one that consistently receives the most hits from around the world.)

Indeed, it would be interesting to know what they'd say if you'd ask medical and law school faculty members, "What percentage of the students you've had, say five years after they've graduated, would you be willing to trust with your personal legal business, or your family members' health?"

At present, my sense is that law faculty -- understandably and with reason -- sort of assume it is the bar examiners' job to make the judgment about who is, and is not, qualified to practice law, and it is the faculty's job to concentrate on doing the best job of teaching and supervision they can provide with the resources they have.

So, (1) I still think the UI College of Law is deservedly one of the best in the nation, (2) that its faculty would be capable of assuming the bar examiners' role of granting bar admission to graduates thought to qualify, (3) that Franker's idea is worth pursuing, but that (4) until law school faculties are given, accept and execute that responsibility it might be premature to eliminate the bar examination and admission process in Iowa.

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