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Juris DOCTOR.Com: ARE FULL-TIME INTERNET LAW SCHOOLS the BEGINNING of the END for TRADITIONAL LEGAL EDUCATION?

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Juris DOCTOR.Com: ARE FULL-TIME INTERNET LAW SCHOOLS the BEGINNING of the END for TRADITIONAL LEGAL EDUCATION? JuRis DOCTOR.CoM: ARE FULL-TIME INTERNET LAW SCHOOLS THE BEGINNING OF THE END FOR TRADITIONAL LEGAL EDUCATION? Robert J. Salzer I. INTRODUCTION home education via the Internet has spread like wild fire. 2 With literally hundreds of online col- of our Constitution and the If only the Framers leges teaching similar courses over the Internet, countless lawyers, judges and legislators who have one might think that offering graduate and doc- shaped its meaning over the past two centuries torate level courses would naturally progress from could see us now. Would any of them have be- Magellan's humble beginnings.3 But the pursuit lieved that one could have instantaneous access to of a juris doctorate degree is unlike other educa- virtually every documented statute, case or legal tional ventures, and the standards for admission opinion ever drafted? It is doubtful. With the In- and curriculum are locked into a paradigm, in ternet's seemingly endless potential, it was only a large part because of the American Bar Associa- matter of time before someone harnessed the ("ABA"). 4 technology to sneak under the iron gates of tradi- tion tional legal education. What once may have Formed in 1878, the ABA almost immediately fo- seemed like a fleeting and preposterous idea has cused their attention on legal education and by the traditionalists worried-and it should. 1921, had circulated its first Standards for Legal 5 "Distance learning" is defined as "the process of Education. With a regulated system firmly estab- extending learning, or delivering instructional re- lished, the ABA began lobbying states to draft stat- source-sharing opportunities, to locations away utes that would require their individual law 6 from a classroom, building or site, to another schools to conform to the ABA's model. The classroom, building or site by using video, audio, ABA also convinced many states to disallow legal computer, multimedia communications, or some practice by those who were not members of the 7 combination of these with other traditional deliv- bar association. Consequently, their control ex- ery methods."' Since Magellan.edu, the nation's tended over all aspects of legal education and first online undergraduate university, began offer- practice." While some states did not prescribe to ing distance learning classes in 1994, the idea of the ABA's requirements, most did, in effect per- 1 INSTRUCTIONAL TECINOLOGV COUNCIL, ITC's DEFINI- B. Shepherd & William G. Shepherd, Scholarly Restraints?ABA TION OF DISTANCE EDUCATION, at http://www.itcnetwork.org/ Accreditation and Legal Education, 19 CARDoZo L.R. 2094, 2094- definition.htln (last visited Mar. 16, 2003). 2100 (1998). 2 Although there have been online classes offered in 5 AMERICAN BAR ASSOCIATION, STANDARDS FOR APPROVAL some capacity since 1981, Magellan is considered to be the OF LAW SCHOOLS AND INTERPRETATIONS, available at http:// first truly online university. See Technology Briefs, THE BUSI- www.abanet.org/legaled/standards/foreword.html (last vis- NESS MONTHLY, at http://www.bizmonthly.com/7_2001_fo- ited Oct. 15, 2003) [hereinafter ABA FOREWORD]. cus/21.html (July 2001). 6 George C. Leef, Why Law School Costs So Much, at http:/ -3 Heath Row, Do These Online Schools Make the Grade?, at /www.mises.org/fullarticle.asp?control= 1113 (last visited http://www.fastcompany.com/online/24/onlinesch.html Dec. 23, 2002) [hereinafter Leef]. (May 1999). 4 The ABA has been recognized since 1952 by the U.S. 7 Id. Department of Education as the governing body for accredi- 8 Shepherd & Shepherd, supra note 4 (stating the ABA tation of American Law Schools. They have come tinder at- has "exerted monopoly power not only over the market for tack in recent years for having too much control over not legal training, but also over three related markets: the market only the accreditation process, but also who law schools will for the hiring of law faculty, the market for legal services, and hire and how their curriculum is to be designed. See George each university's internal market for funding"). COMMLAW CONSPECTUS [Vol. 12 petuating the ° organization's stranglehold on legal will be forced to bend its rigid approach towards policies. ' accrediting those institutions it considers to be in- In 2001, a serious blow was dealt to the ABA's ferior and lacking in "proper training."'' "monopoly" over legal education. In United States v. American Bar Association, the U.S. District Court II. THE RAPID DEVELOPMENT OF for the District of Columbia determined that the INTERNET EDUCATION ABA had "restrained competition by fixing com- pensation levels of professional personnel at ABA- Although generally considered a relatively new approved schools and by acting in ways to limit invention, the Internet has been used in some ca- competition from non-ABA-approved schools."' 0 pacity for over thirty years, and e-mail was used as Despite this decision, little has changed. How- early as 1971.12 However, it was not until the ever, a new development in Internet education 1980s and 1990s that the Internet spread to the stands to pose a serious threat to both the ABA masses and gave a forum to the first Internet edu- and those who believe that the only way to earn a cational network and online research programs.' 3 legitimate law degree is through traditional legal The expansion of education through the In- education. ternet has increased dramatically over the past few On November 21, 2002, the Concord School of years.' 4 By 1998 there were over 1.3 million stu- Law graduated the country's first fourteen In- dents enrolled in distance learning programs, up ternet law school students, marking the first mon- 78% from 1995.15 The number of enrollees is pro- umental step towards what they hope will become jected to continue rising dramatically in the up- a revolution in legal education. This Comment coming years.16 Although the U.S. Department of will examine both the Internet and its immeasura- Education has not tracked the exact increase in ble impact on education of all types, especially le- the Internet student population, the financial gal education. The following section will explore numbers alone are evidence of the tremendous development of Internet education. Section III growth in the industry. In fact, distance educa- will scrutinize Internet law schools, including the tion generated $1.2 billion in 199917 and is pro- Concord Law School, and what effect these jected to be between $7 and 10 billion by 2003.18 schools will have on legal education as a whole. These figures indicate that an entirely new pop- Section IV will outline the history of the ABA and ulation of students are utilizing distance learn- how the Internet age is shaping its future. Finally, ing.19 The Internet "is allowing for the creation of this Comment will propose that although Internet learning communities that defy the constraints of legal education will not drastically affect most of time and distance as it provides access to knowl- the traditional law schools in the United States, it edge that was once difficult to obtain."20 Conve- will impact the ABA enough that the Association nience is not the only attractive feature of dis- 9 Leef, supra note 6. be affected will be corporate information technology training 10 United States v. Am. Bar Ass'n, 135 F. Supp. 2d 28, 29 and executive business education. Major increases in pro- (D. D.C. 2001). ductivity will need to wait for "more comprehensive innova- 11 Julia Scheeres, Virtual Degrees Virtually Tough, WIRED tions in the sector," and therefore the impact of the Internet NEWS, at http://www.wired.com/news/school/0,1383,54734, on education "in the near term is likely to remain rather 00.html (Aug. 28, 2002) [hereinafter Scheeres]. modest." See Austan Goolsbee, Education and the Internet, at 12 The Internet was developed in 1969 by the U.S. De- http://gsbwww.uchicago.edu/fac/austan.goolsbee/ fense Advanced Research Project Agency for military and re- research/educ.pdf (Sept. 2000) [hereinafter Goolsbee]. search purposes. Linda Harasim provides a table outlining 15 Id. at 6. the history of networks and online education, beginning with 16 Laura Carr, College Off-Campus, THE INDUSTRY STAN- the invention of the telegraph in 1861, and ending with the DARD, at http://www.thestandard.com/article/0,1902,18444, first large scale online education field trials in 1996. See 00.html (Sept. 13, 2000). Linda Harasim, Shift Happens: Online Education as a New Para- 17 Id. digm in Learning, VIRTUAL U., at http://virtual-u.cs.sfti.ca/ vuweb.new/papers/harasim-ihe novOO.pdf (last visited Feb. 18 See AMERICAN FEDERATION OF TEACHERS, AFT REPORT 2, 2003) [hereinafter Harasim]. RAISES CONCERNS OVER DISTANCE EDUCATION, at http://www. 13 Id. at 8. aft.org/publications/insideaft/previous/2001/090301.html 14 This growth in Internet education may taper off (last visited Nov. 3, 2003). shortly, as both supply and demand will likely have "signifi- 19 Elizabeth D. Kaiser, The Legal Implications of Online Uni- cant effects on the productivity of the educational system versities, 8 RICH. J.L. & TECH. 1, 19 (2002). only in limited areas" in the near term. Those most likely to 20 Id. 20041 Internet Law Schools tance education; generally the cost is far more connection.27 manageable in comparison to most colleges or 2 universities. ' Internet education has a very low III. BEYOND A BACHELOR'S DEGREE: marginal cost and providers can potentially reach ONLINE GRADUATE SCHOOL large audiences at a nominal price.22 Although online schools and distance learning are not likely Recent history has demonstrated that online to replace traditional universities entirely, these educational programs fail when they are haphaz- attributes may force traditional universities to be ardly thrown together.
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