Jones FCSL FuturePresentation March2007

Trends in Higher Education: The Impact on Law Schools and Law Libraries : 

Trends in Higher Education: The Impact on Law Schools and Law Libraries Faye Jones Florida State University College of Law

Trends, Not Predictions: 

Trends, Not Predictions Prediction "It's the definitive last chapter in the trial of the century." — Fox Broadcasting (FOX) Executive Vice-President Mike Darnell, on O.J. Simpson's book, If I Did It, Nov. 13, 2006. The Worst Predictions of 2006, BusinessWeek.com, December 29, 2006 Trend An observable body of evidence that indicates movement in a general direction. Looking Toward the Future I: Trends in Higher Education, Michael G. Dolence

Trends: 

Trends Students Career Prospects Characteristics: 1970 to 2005 Demographics Educational Choices Technology Universities Accessibility Affordability Quality Competition Workforce Infrastructure

Career Prospects for College Graduates: 

Career Prospects for College Graduates College graduates will continue to be in demand. Employers and legislatures will press for more graduates in fields where supply does not meet demand. “Pure-college” occupations will provide about 6.9 million openings over the 2004-14 decade for college graduates entering an occupation for the first time. Olivia Crosby and Roger Moncarz, The 2004-2014 Job Outlook for College Graduates, 50 Monthly Labor Report 42 (Fall 2006).

College Freshmen, 1970-2005: 

College Freshmen, 1970-2005 High grades Nearly half (47%) of those enrolled in 2005 had earned an average grade of A in high school, compared to 2-in-10 (20%) in 1970. Higher (financial) expectations 1970: The majority (79%) of freshmen had an important personal objective of “developing a meaningful philosophy of life.” 2005: The majority (75%) of freshmen said their primary objective was “being very well off financially.” Statistical Abstract of the United States 2007, Table 274

Slide9: 

Source: The College Board/U.S. Department of Education Number of High School Graduates, 1994-2018: United States

Slide10: 

Projected changes in number of public high school graduates by state (2003-2016)

University Accessibility: 

University Accessibility More Hispanic, African-American and Asian students Fewer standard graduation diplomas Florida: 89.4% in 2004-05 projected to fall steadily to 81.4 in 2020-21 Lower college-readiness rates Only 20% of all black students and 16% of all Hispanic students leave high school college-ready. Jay P. Greene & Greg Forster, Public High School Graduation and College Readiness Rates in the United States, Education Working Paper #3, September 2003, Manhattan Institute for Policy Research. More non-traditional students Part-time students; older students; single parents Workers who also attend school rather than students who also work. Maggie Farrell, Trends in Higher Education: How Will They Impact Academic Libraries, ACRL 12th Nat’l. Conf. 127, 128 (2005). More need for academic support/remedial assistance More need for financial aid

Student Finances & Educational Choice : 

Student Finances & Educational Choice -- 64.1% students have “some” or “major” concerns about financing the costs of a college education. -- Students whose family income is less than $50,000 have “major” concerns about college costs. Sylvia Hurtado and John H. Pryor, The American Freshman: National Norms for Fall 2006 6 (January 19, 2007) University Challenge: -- To attract students, educate them, and retain them. -- Students will accept a lower choice school if given sufficient financial aid. -- Students who do well academically may transfer to a less expensive, higher ranked school, especially if offered financial aid.

Students, Technology and Higher Education: 

Students, Technology and Higher Education Adults and teens spend 5 months of each year using media, watching TV, listening to music, reading the paper (adults), and using the Internet, Statistical Abstract of the United States 2007 78% of Americans 12-17 use the Internet Of these, 94% use the Internet for school research; 71% used the Internet as the major source for their most recent major school project or report. By 16 to 18 years old all of today’s students had used computers – and the Internet was “always there” in their world. 73% of college students say they use the Internet more than the library for information searching. Their parents use the Internet more than non-parents. Choosing a college is one of the biggest decisions made online. Amanda Lenhart, Teens, Students, Parents and Internet Technology: The Findings of Pew Internet Project, June 18, 2004.

Use of the Internet by European Teens : 

Use of the Internet by European Teens Average Internet user begins to use the Net at 14 80% will use the Net every day Technology adoption is very high 85% own a mobile phone; most have a portable music player like an iPod; 41% have a game console. Heavy use for communication, entertainment, product information/online purchase. Have little concern about privacy or security “As they grow older, they use the Net less for play and more for information.” Zayera Khan, Young Consumers Don’t Just Wanna Have Fun Online, Forrester Research, March 1, 2007.

For Net Success: Web Sites Must Meet Consumer Needs: 

For Net Success: Web Sites Must Meet Consumer Needs Make Content fun and interactive Make it exciting and easy to find Include a variety of ways to pay and social functionality Connect with other devices, especially phones Zayera Khan, Young Consumers Don’t Just Wanna Have Fun Online, Forrester Research, March 1, 2007.

The Impact of Technology: Boon or hindrance?: 

The Impact of Technology: Boon or hindrance? We have only seen the beginning of the changes technology will bring. “Academe is facing a perfect storm of changing demographics, mounting costs, increased competition, and technological choices.” Ann Kirschner, quoted in CHE, December 19, 2005 Technology is not a neutral, nor only a benign force. Ellen Nakashima, Harsh Words Die Hard on the Web, Washingtonpost.com, March 7, 2007. Personally identifiable derogatory comments on AutoAdmit discussion board.

Distance Learning: 

Distance Learning Serves a variety of students and learning styles Allows students who cannot come to campus to earn their degree Provides a different learning environment for students who could study on-campus or those in a “blended” program 2006: In Florida almost 14,000 students studied exclusively online – up from only 1,511 students eight years ago Most heavily subscribed programs at FSU College of Business; College of Information Online student numbers exceed on-campus COI Student Showcases Requires commitment and organization

Distance Education & Law Schools: 

Distance Education & Law Schools Law schools are behind the national DE trend to the detriment of legal education and law students Diana L. Gleason, Distance Education in Law School: The Train Has Left the Station, http://law.bepress.com/expresso.com What will drive a change: Student expectations/demands Need for less expensive alternative to B&M law school Students with non-traditional goals Demographics of those entering law school

Millennials As Law Professors: 

Millennials As Law Professors Always on, hypertech-savvy, overextended multitaskers But, not good library users “Googling their way through college” Anne Taubeneck, The Millenials Always On, Northwestern Magazine, Summer 2006. Collaborative More co-authored pieces Team-oriented, consensus-builders Even longer faculty meetings – OGIHN Will their parents come with them?

Millennial Law Professors & Technology: 

Millennial Law Professors & Technology Blogs, web sites, pod/vod/webcasting, etc. will be scholarship to them Will integrate technology into their instruction, interaction with students and colleagues Will expect the library and others to see it their way and to work with them Tracy McGaugh, Preparing for the New Students: New Technologies in the Service of Teaching Legal Writing, June 10, 2006.

Federal Support for Higher Education: 

Federal Support for Higher Education Higher education funding remains vulnerable to shifts in spending levels and priorities. Instabilities in research funding and student financial aid. Moody’s 2007 Higher Education Outlook, 7 (January 2007). Moves to exert greater control over the mission of higher education The Spellings Commission (Secretary of Education’s Commission on the Future of Higher Education) Huge IPEDS Integrated Postsecondary Education Data Systems 1/24/07, Federal Register

Huge IPEDS: 

Huge IPEDS Goals: 1. To establish federal system for reporting student learning outcomes 2. Accountability on “net price” paid to attend, transparency in financial aid records, and assessement tools used. 3. Simplify all into a matrix/spreadsheet and give each institution a “score.” Strongest Opposition from Private higher education In Focus, The Spellings Commission, Inside Higher Education

State Support for Higher Education: Ebb and Flow: 

State Support for Higher Education: Ebb and Flow Drastic decline in state funding Many schools’ state appropriations account for only 10% to 20% of funding Trend may be reversing in some states Legislative Report #1, February 2007, SREB Voucher programs Florida’s Bright Futures Scholarships Matching donor programs Nearly half the states have such a program Inability of the state to match if a campaign is too successful

University Responses : 

University Responses Increase revenues/Decrease costs “Massive” fundraising campaigns To fund programmatic, financial aid, and research support Moody’s 2007 Higher Education Outlook, 10 (January 2007). Privatization Spin off parts of operations Hospitals, business schools, and law schools Entrepreneurship

University Efforts to Increase Revenues: 

University Efforts to Increase Revenues Increase enrollment By accepting greater numbers of out-of-state students 2006 Undergraduate Tuition/Fees, In-state and Out-of-state: FSU: $3,307; $16,439 UF: $3,206; $17,790 Increase tuition and fees Average increase of 6% per year Loomis Hubbell, L. & Lapovsky, L. Widening the higher education gateway. NACUBO Business Officer, September, 2004, p. 21-29. High price/high aid model moving into public schools Florida’s tuition is lowest in nation but legislature has prevented increases Stanford’s weighting of home equity to aid to middle class families Increase emphasis on grant & research funding XYZ funding model for faculty salaries Increase University’s role as an engine of economic development

University as Economic Growth Engine: 

University as Economic Growth Engine 1980s: University duty to align itself with industry to improve productivity Derek Bok, President, Harvard University 1990s: “We may well have gone too far.” In a knowledge-based economy, the university as a source of “economic raw talent” Need to create an infrastructure conducive to talented knowledge workers Richard Florida, The Role of the University: Leveraging Talent, Not Technology, 15 Issues in Science and Technology 67 (Summer 1999).

Law School Efforts to Increase Revenues: 

Law School Efforts to Increase Revenues Increase enrollment By accepting greater numbers of out-of-state students Accepting more transfer students Challenges: student/faculty ratios, limit on classes taught by adjuncts, classroom availability, library facilities, etc. Increase tuition and fees Without hitting the cost/benefit tipping point Increase emphasis on grant & research funding Has not been heavily used in law schools May gain popularity Grants for research in applied Law & Economics Increase role as an engine of economic development Largely limited to universities so far

University Efforts to Decrease Costs: 

University Efforts to Decrease Costs Limiting faculty status, salaries and benefits Fewer full-time, tenured or tenure-track faculty More, non-tenured faculty, both full-time/part-time Profile of U.S. faculty Salaries Small increases Rate of pay is discipline dependent High demand and low demand fields Growth in administrative, professional and classified staffing

Faculty: High demand and low demand fields : 

Faculty: High demand and low demand fields What’s Hot Economics Political Science Business Management Law Law faculty remain the highest paid faculty Law Professors Still Earn the Most, CHE, 3/10/2006 What’s Not Anthropology Fine and Studio Art Philosophy Geography

Law School Efforts to Decrease Costs: 

Law School Efforts to Decrease Costs Faculty status, salaries and benefits Faculty free agency Fundraising to create chaired professorships as retention incentives Budget priorities Faculty recruitment and retention Recruitment and retention of students Marketing and communications Less growth in administrative, professional and classified staffing Static or drastically reduced library budgets Support for scholarship Library role in faculty and student recruitment

University Fundraising: 

University Fundraising Fundraising, at all levels, is a necessity We’re all “for-profit” institutions. The Good News Private giving rose to $28 billion in 2006 Alumni, foundations and companies Inside Higher Education, February 22, 2007 The Bad News Extremely competitive Capital campaigns may be an unstable means of funding Requires more non-academic staff The “Heavy-Handed” Donor

Law School Fundraising: 

Law School Fundraising A Dean’s most important task

University Privatization : 

University Privatization Responsibility-Centered Management (RCM) Each department does its own fundraising, hires its own development staff Accountability More Autonomy Freedom to invest Easier to meet needs of students as enrollment increases Critics: Higher education as a means for financial enrichment, not as a public good Losing sight of the educational mission, lower regard for knowledge as an intrinsic value, and less respect for scholarship.

Privatization in Law Schools: 

Privatization in Law Schools Private-Public Gap Brian Leiter: “public” schools like Virginia and Michigan are already de facto private. Frustratingly low level of public funding support “Everyone is just praying for the Legislature to come to its senses, but ‘faith-based fundraising’ isn’t working.” Dean Christopher Edley, Berkeley Law School, CHE, 1/14/2005 Combined with maxing out on tuition increases Berkeley resident tuition $21,531 – about double the cost just 4 years earlier Nonresident tuition -- $33,707

University Trends: Competition: 

University Trends: Competition More emphasis on marketing amenities to students More colleges becoming a “University” More two-year colleges seeking to become degree-granting institutions Globalization U.S. universities are still highly ranked but international competition is increasing U.S. News & World Report rankings

Pathways Of Excellence: 

Pathways Of Excellence Leveraging unique strengths FSU “It is the goal of Florida State University to become one of the top public research and graduate education universities in the United States,” President T.K. Wetherell, Sept. 9, 2005. AAU Cluster hiring History of Text Technologies Library resources for the clusters

Impact on Law Schools: 

Impact on Law Schools Greatly decreased funding from university Law schools must stand on their own Students Diversity Selectivity Rankings “R” Us LSAT is the strongest correlate to high rankings in USNWR GPA less important

All of This Pressure: 

All of This Pressure Too much pressure for higher profits Eroded academic quality Poor customer service Poor graduation rates Unhappy students and parents Dissatisfied alumni Unhappy and unprofessional lawyers Lawrence S. Kreiger, The Hidden Sources of Law School Stress, 2004. Low giving rate

University Libraries: 

University Libraries Library as Place Making great strides in meeting student needs by providing services for all students Academic commons designed for multiple uses Academic student activity centers Millennials Mary Madden, When Libraries Get Social: How Tech-savvy teens are shaping library culture, FSU College of Information, Feb. 23, 2007 Libraries with books are a long way from disappearing CalPoly – You can get too far out on the edge! $60M renovation yielded space far smaller than needed No funding for the second phase “a modern university library should be more than a study hall and a computer lab.” Library Renovation Leads to Soul Searching at Cal Poly, CHE, 9/1/2006

University Library Issues: 

University Library Issues Distance education Faculty Scholarly communication Open access Costs of higher education Technology Staffing

University Library Staffing: “Feral” professionals: 

University Library Staffing: “Feral” professionals Bring to the library a 'feral' set of values, outlooks, styles, and expectations.“ James G. Neal, Raised by Wolves, Libraryjournal.com, Feb. 15, 2006. In nontraditional jobs Systems, human resources, fundraising, publishing, instructional technology, facilities management, and other specialties. 23% percent of the professionals at research libraries in 2005, compared to just 7 percent in 1985. Young: 39% of library professionals under 35, compared with only 21 percent of those 35 and older. Stanley Wilder, The New Library Professional, CHE, Feb. 20, 2007 More diverse ethnically and racially Male Less likely to hold a library degree or to have acquired their degrees through distance rather than residential programs. Likely to be paid more than older colleagues if in a high-tech position.

What We Know About the Past: 

What We Know About the Past “The law library of the future staggers the imagination as one thinks of multitudes of shelves which will stretch away into the dim distance, rank upon rank, and tier upon tier, all loaded with their many volumes of precious precedents. One shrinks from the contemplation of the intellectual giants who will be competent to keep track of the authorities and make briefs in those days; they, as well as the judges who pass upon the briefs, must needs be supermen indeed." Symbol Techs. Inc. v. Lemelson Med., 277 F.3d 1361 (Fed. Cir. 2002), citing Shuldberg, 85 Cal. L. Rev. at 545, citing John B. Winslow, The Courts and the Papermills, 10 Ill. L. Rev. 157, 158 (1915).

The Law Library: Present and Future: 

The Law Library: Present and Future Library Users Who Are Early Adopters of Technology Diversified Formats Integrated Technology throughout the Law School Increased Electronic Access to Collections Licensing/IP Challenges Even Greater Budget Pressures Evolving Library Services Changing Roles for Librarians and Staff

Library Users Who Are Early Adopters of Technology: 

Library Users Who Are Early Adopters of Technology 93% of College Students are Online Most active single group on the Internet Expect “always on” and remote access Online and in-person collaboration Convenience drives use >90% of Florida Lawyers Use Technology Florida Bar Survey, 10/15/99 E-mail, online research, use of Internet Up from 50% in 1997; No questions in 1995 LOMAS: Test Your Firm's Technology Savvy

Diversification of Formats: 

Diversification of Formats Martin, 1991: “Dramatically unstable” period Reduction in primacy of text; Multimedia growth Internet Access Delivered to IP Range, No password required Delivered to IP Range, Password required E-mail delivery with hot links to full text Print Micrographics DVD, Videocassette, Film, audiotape, etc. CD-ROM; Videodisc

Integration of Technology & Increasing Electronic Access: 

Integration of Technology & Increasing Electronic Access Universal access: all formats, every desktop/every seat, to the extent possible & Remote access too! Networks for electronic access: Wired, wireless & proxy Legal periodicals: the JSTOR Model Hein Online; BePress ExpressO; NELLCO Legal Scholarship Repository; SSRN Digitization & the Repurchase phenomenon Addressing storage, preservation and cost

Scholarly Communication: 

Scholarly Communication New forms of communication will gain value The end of print law reviews Hein Online’s Current Issue Project Online debate on articles Yale’s Pocket Part, Harvard’s The Forum, Penn’s PENNumbra Many others to come

Challenges in Licensing/IP & Budget: 

Challenges in Licensing/IP & Budget Licensing/IP Challenges User preferences vs. licensing restrictions Public Domain Digital Fair Use Budget Pressures Maintaining print as electronic resources grow User preferences Budget pressures requiring changes in access and formats

Evolving Library Services & Changing Roles for Librarians and Staff: 

Evolving Library Services & Changing Roles for Librarians and Staff Increased Opportunities to Serve Scholars and Students Staffing to support various formats Acquiring technical expertise Acquiring additional reference expertise Marketing: “build and they’ll come is a lie” Responsibility to train users in both usage and judgment Synergy with faculty to create new ways to serve

How do We Get to the Law Library of the Future?: 

How do We Get to the Law Library of the Future? “I don't know the future. I didn't come here to tell you how this is going to end. I came here to tell you how it's going to begin. I'm going to show them a world … without … borders or boundaries. A world where anything is possible. Where we go from there is a choice I leave to you.” Neo, The Matrix

Myths for Today: 

Myths for Today 1. Digital information and technology will replace books When? 2. Everything is on the Internet or in Digital Format Building critical thinking skills 3. Libraries will disappear, and with them librarians The Library as Place Librarians as virtual and in-person guides

Customer Service: the Library’s Opportunity: 

Customer Service: the Library’s Opportunity Institutional Goals The Law Library’s Mission Support for the Curriculum & Special Programs Support Scholarly Research Needs Assist Scholars Aid Students “The predominant assets of the law school library of the next decade will be its professionals, not its titles.” Nicolas Terry, Professor of Law, St. Louis University

Supporting the Curriculum & Special Programs: 

Supporting the Curriculum & Special Programs Adequate Funding How are funds spent to support the curriculum? How are collection development decisions made? Peer schools comparison Aspirational peers comparison Collection as foundation for services Fallback Positions & Future Planning

Aiding Scholars: 

Aiding Scholars Working with faculty to develop service that meet their needs Anticipating faculty needs Teaching subject specific research skills Constructing Web pages for classes Citation analysis Marketing library services to faculty candidates Active partners in research & publishing

Supporting Scholarly Research Needs: 

Supporting Scholarly Research Needs Layered and interconnected methods Communication is key Course reserve needs Interlibrary loan Current awareness tools -- email summaries, Blogs Creating new services: SSJ Web access to full-text, topical research tools Conference listings for faculty development

Aiding Students: 

Student-friendly library policies More electronic resources and more access Support for journals, moot court teams, competitions, school-authorized groups Teaching, learning and technology center Not your Grandmother’s computer lab! Camstasia; web/pod/vod casting; litigation software; tutorials; Internet/Web access; presentation software; Blackboard; e-mail services; spreadsheets; CALI; interactive video; laptop checkout; wireless cards; software and hardware assistance; video playback; word processing; printing, etc. Aiding Students

Present & Future Role of Library Staff: 

Present & Future Role of Library Staff Librarians more “faculty-like” More teaching formally and informally Greater role in developing skill in analysis of information integrity More publishing Greater role in use of technology to deliver information Recent resurgence in teaching legal research Berring Symposium; Chicago-Kent; Texas in fall 2007 Library staff more “librarian-like” Traditional Library Tasks, Plus New Duties All library staff will provide electronic service

Characteristics Needed for All Library Staff: 

Commitment to customer service Ability to work in a team and build consensus Resourcefulness Flexibility Intellectual litheness Enthusiasm Sound judgment Willingness to experiment Characteristics Needed for All Library Staff

Needs in the Law Library of the Future: 

Needs in the Law Library of the Future Stronger funding Flexibility in space planning A variety of study spaces and seating types Increased content on library home pages Improved navigability of library home pages Much greater involvement in teaching included as a part of the library’s Mission Statement/Operating Plan

The Future Law School and Its Library: 

The Future Law School and Its Library Web-enabled and participatory Valued as a physical space Made of people! Web-enabled and participatory Mary Madden -- PIP’s Prediction for libraries

Outlook for Law Schools: 

Outlook for Law Schools Institutions with Positive Momentum Elite law schools with large diversified endowments and successful fundraising Law schools at comprehensive urban universities Law schools with growing philanthropic support at flagship public universities Stable Institutions Law schools with a regional draw at public universities in the south and west Institutions Facing Challenges Law schools at private colleges with limited geographic draw Law schools with ambitious plans and the need to spend to improve their national reputation Categories adapted from Moody’s 2007 Higher Education Outlook, January 2007