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Chapter 3: Literacies across the disciplines

3.7.3 The discourse of law (research essay)

English 102, november 2020.

The discourse of law is an extremely complicated topic that has many sub discourses and is influenced internationally. However, when   studying the discourse, one may wonder if there is one set way of studying the topic.   There is no one way of studying the topic because there are so many variations within the discourse of law.   One of these variations   include   topic of law, the   type of law that   one   studies has its own sub discourse, this is to say that criminal law and contract law are very different than   each other in both practice and language used, so one should not   study different sub discourses together, as the differences between them are quite stark.   Another one of these variations is   international law,   from country to country around the globe laws are very different and have very different motives, so one should also   not. However, there are some general tendencies that most agree on.   One   of these   tendencies   is   that these discourses change. Whether or not   one looks at the overall discourse of law, or a smaller sub discourse, they change for many   different   reasons.  

In order to   look at a specific literacy one must understand discourses   by   itself.   One   article that   discusses   the idea of   discourses is “What is Literacy?” by James Gee. He addresses the fact that discourses are fluid. Discourses are changing all the time, this can be due to many things, such as culture, advances in the field, and changes in language. So, when there are   changes within the   culture of a country that influences the laws, which in turn changes the discourse of law.   One of these   changes is a change in language. When language changes over time as new concepts and words come about, so do laws. This is because   changes in language affects the entirety of that language. The author also says that some discourses carry a   social power with them (19). This is very applicable in the case   of the discourse of law. The ability to use   the discourse of law gives that person power because they can then manipulate laws, which in turn affects anyone who   must   abide by those laws.   Gee says that another aspect of discourses that is important to understand is that discourses are resistant to change from within (19).   This applies to laws as well, unless   something changes in the world, the   laws will not change. This is because discourses can only move forward as a whole.   Discourses are fluid and always changing   and because of this they cannot regress.   Gee says one of the most   important   aspects   to understand about discourses is   that there are many sub discourses within discourses (18). For example, in the discourse of law there are many different   practices such as trial law, patent law, and contract law would all be sub discourses underneath the discourse of law. There would also be   sub discourses beneath those sub discourses.   Gee also says that discourse should not be compared   (18). This is because   all the different discourses   have different ideologies and reasons for those ideologies that they   hold. This is to say that every discourse is so specific that   they cannot be compared to one another.   Overall, discourses are a very complex topic that can span across any topic. These discourses are always changing because the world around them changes.    

One author that explores this idea is Jeanne L Schroder in the   book   The Four Discourses of Law and Arthur Jacobson’s Legal Premium.   In this book the author discussed four main sub discourses underneath the overall discourse of law.   These sub discourses are university discourse, analysts’ discourse, hysterics discourse,   sexuation   and non-correlation. University discourse is the study of law in an academic setting. This is meant to help teach new   lawyers;   however,   this can be used in a professional setting when   studying cases.   The analysts’ discourse is mainly used in a professional   setting when discussing a current case   that they are working on.   One distinction that the author makes between this discourse and others is that it is the sub discourse that uses spoken language the least. Schroder says, “The analyst addresses the analysand through an absence of speech   (42)”.   They are saying that   when looking at law through the lens of the analyst one   must first look at   texts. This is because   in order to analyze something in the discourse of law   one must look at past laws   and documents and then elaborate on your analysis.   Also, in most cases the analysis is put into written form. This written analysis is often studied in   the   university   discourse. So, university and analysts discourse have some overlap in their uses and   practice.   The hysterics discourse studies the common usage of law language and how it is perceived and used by the general   population.   All of   these discourses work together in order to form the overall discourse of law.   All of   these   sub discourses   work   together to form the overall discourse   of law   and are interdependent on each other in terms of their evolution and changes.   For example, the way people are taught about the law is dependent on the way that it is used at that time, both professionally and in common usage. Also, common usage effect   the professional usage of language in the workplace. All these different   discourses work together in order   to change the overall discourse of law   and the other sub discourses.   

In the article “Is ‘Global Value Chain’ a Legal Concept?”   by Klass Hendrik Eller   the author discusses how   the globalization of business   is changing the discourse of law. This is because it involves many different discourses around the world   need to come together   in order to   make global business happen. These different discourses come from the different laws and regulations   that they need to work around. These different laws and law systems come together   in order to   create a global business.   The author says that the Global Value Chain, “need[s] to be understood as organizational arrangement and simultaneously as a stage in the evolution of a global political economy (Eller)”.   This   reflects   the fluidity of   discourses. When a new discourse is being formed, it originates from other   discourses coming together. A common misconception is that discourses can come from nothing and one day they exist. However, every new discourse   is derived from other discourses. This is because nothing is ever truly original, it is always derived from a preexisting concept. For example, for the   relatively new   concept   of   a   global value chain   is not new, it is a compilation of many other discourses that already existed. The   new discourse is not just a bunch of discourses shoved together, but it has many nuances and wrinkles that the   earlier   ones did not have. So, while the discourse may not be completely original it is   distinct.   The author also says that the Global Value Chain is not, “a ‘legal concept’ in a strict sense that might command the application of particular rules, I propose to understand them as a ‘legal   heuristic’(Eller)”.   This is saying that this new discourse of global business does not have rules that you must follow. It more has guidelines, and everyone who can use this discourse can have their own interpretations. For example, a lawyer from the US would have a different understanding and   interpretation of laws than a lawyer from Japan, however   these are both valid interpretations.   Due to the fact that   these different lawyers come from different legal systems and therefore different discourses, they are   analyzing   these   from their own knowledge of the law,   which is different.   So, because there are different understandings of the law there will be different interpretations, but both are valid.   The idea of the global value chain and its formation relates to Gee’s argument on discourses   when he says that discourses are resistant to change from within. This is also applicable to this because without changes in   global business there will not be changes within the discourse.   Without changes in international law   regarding   business and trade there will not be changes in the   discourse.Overall, there are always emerging fields and discourses and the process that goes into that is extremely complex. As the globalization of business continues to span across the globe so will the concept and discourse of the Global Value Chain   will follow.   

One of the backbones of discourses as described by   Gee is that discourses carry social power with them. This concept is explored within   the article “Power of discourse in free trade agreement negotiation” by Yan Wang.   In the article he explores real world applications of how countries use discourses   in order to   “win” free trade agreement negotiations.   Since different countries have different laws for international trade, they all have their own specific discourse.   In free trade agreement negotiations leverage is power. So, whoever has the power   usually gets what they want in these negotiations.   Wang theorizes that one way that one can get power in these negotiations is to   negotiate out of your own discourse.   This does not only mean that they would be speaking in the language that one party uses, but they will also be controlling the rules that are set. Some of these rules might be certain restrictions that   one country has that another   doesn’t, this gives the party that is using their discourse a distinct advantage. This   is because they know the ins and outs of the laws and regulations that they put in place, while the other   party   wouldn’t   know them as well. Wang says, “To enhance rule control, the US and EU have chosen their Free Trade Agreement partners, designed the   Free Trade Agreement   rules, and offered offensive-defensive exchange strategically”.   The first step that the US uses is picking their partners in   these negotiations. They usually try to pick trade dependent countries so that they more than likely   have to   follow the US’ discourse for free trade   agreement negotiations.   Wang says another tactic that has been used   in order to   get leverage in these negotiations is template contracts. The US develops a template contract that spells out   all   the   rules and regulations that need to be followed by the party that is trading with the US. With these template contracts, the US automatically gets the free trade   agreement negotiations in their discourse.   One of the   major issues   that arise with these are when they cannot target trade dependent nations, such as China. Not only does China   have a larger market than the US, but they also have   very different   laws.   So, in these cases China usually has an upper hand in negotiations because   the other countries must adapt to their discourse due to the state-owned corporations.   This can also be extrapolated to other   discourses of law. One example is trial law. One reason that the   prosecution goes first in the proceedings is because they   have to   prove, in civil cases, that the defendant is guilty beyond a   preponderance   of the evidence. This means that they would be more likely than not guilty. So, the prosecution gets the first and last word because they need to prove that the defendant   is guilty. So, because they need to prove   something,   they get the first word, so the jury hears   their side first, and the defense must work in the discourse of the prosecution to refute those claims.   

In the article “Language and the Law” by John Gibbons he discusses the law and how language is used in law and how language influences law.   Gibbons breaks up the discourse of law into two distinct sub discourses,   grapho-phonic and   lexico-grammatical discourses.   The   grapho-phonic sub discourse   consists of the text that makes up the laws and even the judge’s instructions to the jury (Gibbons).   The   lexico-grammatical includes the spoken words and syntax of the discourse of law (Gibbons). Gibbons   then goes into how the language of the law changes over time. Gibbons says,”   The development of the language of the law thus reveals 1) the move from speech to writing, 2) specialization and technicality (e.g., legal dictionaries), and 3) the use of power”.   The author says that in the move from text to speech there is an evolution of language used in the law. This is because when one reads case law the   cases use a very complex language, so when a lawyer reads this and   has to   convey this to a   jury,   they need to put it in terms that they would   understand. In that translation the truest meaning may be lost. This is because in case law they use verbose language, but it is also   concise,   and it means exactly what it says. So, when it is translated some   of that   meaning is lost.   However, if that case is nullified through trial the fixes that they make may not be one to one, as the original message was lost. This is how language evolves through the move from speech to writing because when   those changes are made the language evolves. Another factor in the evolution of the   discourse of law is specialization. When new specializations in law come about, such as global business and trade, the laws and language of the past do not directly apply to the new discourses. So, the new specialists need to take the old language and laws and adapt them to the new specialty. When this transfer   happens,   the language evolves for not only   that discourse, but all the discourses.    

In the article “Discourse Analysis in a Legal Context” by Roger W.   Shuy   the author   explores the idea of discourse analysis as a tool that can be used in a legal context.   The usage of discourse analysis first arose from the use of a   wiretap. In a case a wiretap had been used to try and get incriminating evidence on the defendant, but they also took a video of the encounter. The prosecution had a “smoking gun line” where   they had gotten him to confess to the murders. However, the videotape of the conversation showed that he was out of hearing distance and the party wearing the wiretap   had whispered the question into the microphone and the defendant was responding to a completely different question.   Shuy   says, “This case opened the door for discourse analysis in many other criminal cases over the years”. This is because discourse analysis could be used in the future. This case opened the door for analysis of the conversation could be used   with the use of the wiretap. The transcript of the tape may look very bad for the defense, but when the defense is allowed to use discourse analysis   to contextualize the conversation that often helps their case. This is because language is an extremely complex discourse with many nuances.   These nuances usually arise during speech. The different ways that people can say different words brings a whole new meaning to   the words that may not be shown when written down and read as a transcription. The sub discourses of   written and spoken word   are very different than each other and when something that was spoken is written down some of the original meaning can be lost. This is extremely important that   this idea can be explored within a courtroom. The purpose of the courtroom   is to give justice to both parties, and unless one can explore the way   that   something was said   it may be unfair to one of the parties and justice will not be served.   One field that addresses the use of discourse analysis is voice analysis.   With the new technology   that is arising throughout the world in terms of computers and an increased ability to   manipulate videos and recordings discourse analysis is an increasingly prevalent   field within the field of law.   The author says that discourse analysis is used to analyze   whether   a   recording could have been spliced together.   This practice   of using discourse analysis   is usually used in defamation cases. When the suing party presents a tape that they believe was manufactured and applies to   slander or libel they will use   a discourse analyst   in order to determine if it did indeed meet the qualifications for slander or libel.   One of these qualifications are   whether or not   the statement was asserted as a fact or   whether or not   it was an opinionated statement (Shuy).   Overall, the discourse of language is extremely complex and there are many nuances   that need to be analyzed if language is used within legal proceedings.   

In the article   “The Relevance of Discourse Analysis to Legal Practice” by Rosemary Huisman she tackles the idea of how language changes and are changed by the discourse of law. She starts by saying that discourses   are “Language as social practice, determined by social structures” but they also determine   social structures. This relates to Gee’s point on the   fluidity of the discourses. Not only do the   discourses get affected by the changes   in culture and language but the discourses also change culture and language in return.   Huisman   goes onto say   that,   “The use of specifically legal language, marked in its lexical choice, reinforces the institutional separateness of legal practice from general social practice”.   This relates to Gee’s point on the power of discourses. The author suggests that the use of specific legal language   creates a divide between the people who use that language and the general population that does not. However, it is possible that it is not simply the words, but the connotation that has surrounded the terms used in legal practice. Laws have one inherent   purpose and that is to restrict people. So, laws are viewed   as   restrictive   and the language used within the   laws are given the connotation of a restrictive word. Also, lawyers are the people who   are in charge of   understanding, writing, and changing laws. So, as people who change and write restrictive documents   are viewed, by a vast majority of people to control them. The connotations that arise from the nature of laws and the people who write them may reflect   the,   “the institutional separateness of legal practice from general social practice” as Huisman says.   

In the Article, “Discourse Analysis of Legal Discourse with Reference to Dickens, Cozzens, Kafka, Lee, and Melville” by Heba   Enien   they look at the differences in language used in law in   different countries around the world.   Enien   came to the conclusion   that in the discourses of   English, French, and Arabic legal systems much of the language used is similar in denotation and connotation.   Enien   says,” the legal discourses of these languages are greatly similar in their contents of laws, being tools of social (in)justice and control”.   This means   that this because   laws have the same nature no matter what country they are in, to control justice or injustice.   Many   times,   these laws   have similar goals, such as murder laws, or burglary laws. So, they would have similar ways of saying   exactly what is illegal and what is not.   The reason that the laws have similar   language is that at the end of the day, words have definitions, and the law tends to use absolute language, or words with absolute definitions. These words with absolute definitions   span across many different languages and cultures   and in many cases are in language used in laws. The words themselves are not but the same concepts and definitions show up throughout the laws   in these many different countries.   The author does talk about how in the verbal aspect of the legal discourse has many   variations that can be brought about stress on a word or inflection of the voice. They make the distinction between   the written and spoken discourses of law because they are very different. These verbal and written discourses also play   off of   one another and influence each other. The spoken word may get put into the law and the law can be read aloud in a courtroom which would then affect the   law if it   is   amended. There are many different discourses around the world and many of them have common through lines that many of them share.  

Overall, discourses are a very complex topic. In the case of the discourses of law, there are many similarities and differences within the topic. While   the contents of   all of   the sub discourses may be very different,   many of them have similar structures. Most of the discourses   have some things in similar, such as, an everchanging nature, the ability to influence other discourses, and   many   carry   social power with them.   However, there is not one set way that one should study   discourses. Every discourse has   their own nuances and beliefs that they developed by themselves. While other discourses may   influence the ideas of another discourse, this does not mean that these two discourses are the same, or that they should be studied together.   But one thing that is constant throughout all dialogues is that they are always changing over   time   and they are not only influenced by other discourses, but   by culture and   language   as a whole.  

Works Cited  

Eller, Klaas Hendrik. “Is ‘Global Value Chain’ a Legal Concept?”   De Gruyter , De Gruyter, 7 Apr. 2020,   www.degruyter.com/view/journals/ercl/16/1/article-p3.xml .   

Enein, Heba. “Discourse Analysis of Legal Discourse with Reference to Dickens, Cozzens, Kafka, Lee, and Melville.”   Linguist List – Dissertation Abstracts , 1 Jan. 1999, linguistlist.org/pubs/diss/browse-diss-action.cfm?DissID=76.   

Gibbons, John. “Language and the Law.”   EAP Background Reading ,   www.uefap.com/prepare/research/langlaw.htm .   

Huisman, Rosemary.   “ THE   RELEVANCE OF DISCOURSE ANALYSIS TO LEGAL PRACTICE.”   USTRALIAN JOURNAL OF LAWAND SOCIETY , vol. 7, 1991, pp. 27–37.   

Schroder, Jeanne. “The Four Discourses of Law and Arthur Jacobson’s Legal Premium.”   HeinOnline , heinonline.org/HOL/LandingPage?handle=hein.journals%2Fcdozo40.   

Shuy, Roger. “Discourse Analysis in the Legal Context.”   Discourse Analysis in the Legal Context – Roger W.   Shuy ,   www.rogershuy.com/slr_selected_articles_DA.html .   

Wang, Yan. “Power of Discourse in Free Trade Agreement Negotiation.”   Leiden Journal of International Law , vol. 32, no. 3, 2019, pp. 437–455., doi:10.1017/s0922156519000207.   

“What Is Literacy?”   Negotiating Academic Literacies: Teaching and Learning Across Languages and Culture , Routledge, 2008, pp. 51–62.  

Understanding Literacy in Our Lives by Adam is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License , except where otherwise noted.

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The Artificial Researcher: Information Literacy and AI in the Legal Research Classroom

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While there is growing interest in incorporating artificial intelligence (AI) into the legal research and writing curriculum, little agreement exists among instructors or law schools on how to do so. In recent years, the need to address this gap has been bolstered by the adoption of the rule for duty of technological competence in the United States and Canada. Yet there is no real standard for introducing new and emerging legal technologies into the curriculum or course offerings for law schools.

This article discusses how information literacy provides a useful framework for integrating AI-driven tools into the law school curriculum.

Introduction

While there is growing interest in incorporating artificial intelligence (AI) into the legal research and writing curriculum, little agreement exists among instructors or law schools on how to do so. [1] In recent years, the need to address this gap has been bolstered by the adoption of the rule for duty of technological competence in the United States and Canada. [2] Yet there is no real standard for introducing new and emerging legal technologies into the curriculum or course offerings for law schools.

One recent survey of American law schools found the following: six schools offer courses on artificial intelligence, approximately 15 offer a legal technology certificate, over 40 have clinics or legal technology labs, and over 70 offer law and legal technology practice management courses. [3] Even the high end of this range represents fewer than half of all ABA-accredited law schools [4] and reflects some of the vast differences in how technology is (or is not) included in a law school education more generally.

Various authors and practitioners have specifically noted the need to incorporate the competent use of AI into the law school curriculum. [5] But the sheer number of technologies available in the legal industry makes this an enormous task. How can instructors possibly teach students about every new or emerging legal technology?

In this article, I discuss how information literacy provides a useful framework for integrating AI-driven tools into the law school curriculum.

I. Artificial Intelligence and Legal Education: The Basics

When we talk about incorporating AI-driven tools into the law school curriculum, we are talking about a specific subset of emerging legal technologies. “Artificial intelligence” is commonly defined as any technology that allows a machine to replicate tasks typically associated with higher level human cognitive processes, such as learning from experience and understanding language. [6] Emerging legal research and writing tools have leveraged AI technology to facilitate research and writing tasks in many ways. Often, AI appears as an enhancement to an existing or improved platform, such as enhanced search algorithms integrated into major legal databases. Other examples represent a much more dramatic attempt to automate an entire skill or behavior, like an AI-driven tool that generates an entire research memo. [7]

No matter the extent of dependence on AI, however, these emerging technologies all share one commonality of concern to legal research and writing professors: they place more of the onus of research and writing on the design and capabilities of the machine, while the researcher is removed to some degree from the process. As a result, these emerging technologies all limit the user’s ability to control, understand, and adjust the direction and results of the research process. [8] If these tools are not taught alongside basic research skills in law school, students encountering them in the workforce will lack the basic understandings required to integrate them into their practice.

The “practice-ready graduate” is a concept that arises frequently in discussions about how to teach technology in law school. This means students “should have received an introduction to broad doctrinal precepts and the basic tools needed for access, responsible use, development, and comprehension of the law.” [9] The focal point on “tools” in this definition is significant. It refers to a belief that a foundational understanding of the law is not enough for legal practitioners. In the context of the duty of technological competence, these expectations extend to an assumption that students should be well-equipped to work with new and emerging technologies, including AI-driven tools.

The challenge with teaching emerging technologies is, of course, that the landscape can change dramatically in an exceptionally short time span. A legal tech tool that is available one year may very well have shifted focus, changed drastically, or completely failed within the span of that same year. Other technologies that were not readily available one year may see a quick uptake or be made accessible to students and graduates in similarly short intervals. Furthermore, there are so many practice-specific technologies by now that it would be a fundamentally impossible task to equip every student with knowledge of the technologies needed to practice in the specific areas of law most relevant to them.

Consequently, teaching legal technologies with a focus on specific tools is extremely difficult. The landscape changes far too quickly to give educators the chance to adequately integrate them into the curriculum. As noted by Margolis and Murray, this rapid pace of change is a characteristic of the legal landscape that is crucial to teaching legal research and writing more broadly speaking:

Legal educators […] must move beyond an understanding of research and writing as fixed skills with clearly defined parameters. While the fundamentals of research and writing are still important, it is time to start broadening our understanding of skills to include the ability to self-learn, to ask the right questions, and to evaluate and incorporate new methods into existing skillsets. [10]

This is where the concept of information literacy is helpful. The following section will describe how instructors can use this lens to introduce AI competencies into existing course offerings.

II. Artificial Intelligence Through an Information Literacy Lens

Information literacy is a concept that centers instructional efforts on improving how researchers interact with information itself, instead of with specific tools or resource types. It is “the set of integrated abilities encompassing the reflective discovery of information, the understanding of how information is produced and valued, and the use of information in creating new knowledge and participating ethically in communities of learning.” [11] As such, it is practice- and course-agnostic. This makes it a helpful framework for teaching about technology because it centers the information at the heart of those technologies instead of the tools themselves; it is not tied to a specific technology or modality of research and writing. [12] In the legal industry, where old and new modalities coexist in seeming perpetuity, this is an especially helpful frame. Instructors need to teach students to navigate print-based and AI-driven research at the same time.

In its clearest form, there are five fundamental competencies described by the American Library Association (ALA) that students should be able to demonstrate in accordance with an information literacy approach. These include being able to:

know when and to what extent information is needed;

access information effectively and efficiently;

evaluate information critically;

use information for a specific purpose; and

understand the ethical, legal, and social issues surrounding information. [13]

While this framework has been developed more broadly for the work of library and information specialists, it has also been adapted to meet the needs of specific disciplines, including law. Table 1 below shows the ALA standards alongside the American Association of Law Libraries’ (AALL) Principles and Standards for Legal Research , to illustrate how legal information specialists already incorporate these principles into educational design. [14]

There is much more detail in the AALL document that breaks down these principles into specific competencies, including several that speak directly to the emergence of new technologies. But these five identified principles are “broad statements of foundational, enduring values related to skilled legal research.” [15] And their very broadness is what gives them continued relevance when applied to AI-driven technologies.

Using this framework to interrogate AI-driven legal research tools is logical because the components of these new tools all fundamentally rely on information. As experts note, an AI system is composed of three relatively distinct aspects:

the input (or data) that the system draws from and operates on;

the algorithm(s), or the reasoning, that is applied to that dataset; and

the output that the system produces. [16]

Let’s take as a simple example an AI-driven case law search. The input for this tool is the database(s) of case law on which the tool runs.

The algorithm(s) is how the tool has been programmed to interpret that data. This may include explicit programming (for example, to prefer decisions that are more recent or to contain more repetitions of the search terms). Many AI algorithms, however, are a black box to even their creators. For instance, with the subfield of AI called machine learning, the computer discerns patterns from data that are not perceptible to humans and “learns” to apply those patterns moving forward without ever providing insight into why it is reaching those conclusions.

The output for this tool is likely a list of results that provides the researcher with potentially relevant judicial decisions.

While there are certainly aspects of an AI-driven system that are unique from technologies of the past, the basis of all three components here is still information. This makes it relatively simple to parse into an information literacy framework. In Table 2 below, I use the information literacy standards as a basis for adapting the above AALL principles to specific legal skills related to AI. For educators, this can help establish learning outcomes when incorporating AI into a class or course. [17]

This exercise, while by no means exhaustive, is a useful consideration for anyone looking to incorporate AI into the legal research and writing classroom because it provides competencies that can be used as the basis for backward design. [18]

For example, if I wanted to target the “evaluate” standard in an educational session, I could use these as the basis for my learning outcomes:

To meet those outcomes, I may design a session with the end goal of having students learn and apply a framework for evaluating a brief analysis tool. I may structure this lesson by first providing the evaluation framework based on the criteria listed above: relevance, authority, credibility, currency, and bias. Then, I could have students test out a brief analysis tool by uploading sample documents, such as two legal briefs on the same topic. What happens when students compare the results when the tool has interpreted two documents—are there similarities? Differences? Why are the results not identical?

This approach is very high level and focuses on the information at the heart of the tools. There is little detail on the actual law itself. By using information literacy as a framework for evaluation, we target skills and practices that will be relevant to students no matter in what area of law they end up practicing. The focus is on the tool as point of access and use of information in the broader sense and not on the specific strengths or weaknesses of a particular technology.

These are all skills that are not tied to a specific area of law, build on each other, and cannot be learned in a single session. As described by the Association of College and Research Libraries, information literacy should be viewed as “extending the arc of learning throughout students’ academic careers and as converging with other academic and social learning goals.” [19] In an ideal world, therefore, information literacy is fostered across the curriculum of a given program and not simply confined to sessions offered by the law library or to legal research and writing courses.

III. Looking Across the Curriculum

How do we integrate this type of training across the curriculum in a way that exposes students to the tools and skills necessary to succeed?

The law library has some specific strengths and weaknesses in initiating the integration of these skills across the JD program. First, it is helpful that librarians already have the skillset required to teach information literacy sessions across the curriculum. This makes them ideally positioned to take on this type of instruction, even though some may find AI to be an intimidating topic. Librarians and library staff also have a higher vantage point than individual instructors, who may find themselves limited by the specific subject matter that they teach.

There are, however, also key limitations. It can be difficult for librarians to make inroads to instructors and students, who may not be aware of this skillset or the fact that librarians can teach these types of skills. For example, several studies have found that both faculty and students are not always aware that information literacy instruction is part of an academic librarian’s role. [20] It may also be difficult to provide students with access to certain tools and technologies, depending on the law library’s budget and geographical location. Not all vendors are willing to provide students with free access to an AI-driven tool or are responsive to inquiries from academic faculty and librarians. Other tools are created for a specific market (most often the U.S. legal market) and are therefore difficult to use as a demonstration tool when teaching in another jurisdiction. Additional barriers may include lack of reliable internet access for some students, including those in remote locations. [21]

An information-literacy driven approach to teaching AI from the law library therefore has additional layers beyond the approach outlined above. First, tools must be identified that can be provided as a method of bringing AI to life in the classroom. While sessions themselves will be designed with learning outcomes based on information literacy, instructors must provide students access to tools and technologies first to begin building programming. Leveraging existing access, such as technologies that are integrated into major legal research platforms, is a useful starting point. This approach both saves time that would otherwise be spent on identifying and obtaining access to new tools, and also increases the possibility that student learning will be reinforced later on through use, as they are much more likely to encounter common tools such as Westlaw Edge and Lexis Advance Quicklaw throughout their professional and academic careers. Vendor outreach can also be fruitful, however, as some companies are willing to provide access to students for use in an educational environment. Benefits of reaching out to smaller vendors include increasing student exposure to more types of AI-driven tools beyond those offered by the biggest vendors and supporting legal tech startups in comparison to the corporations that already dominate the industry.

The second step is to identify venues or settings for the learning experience, including through outreach to instructors or student interest groups, or through workshops offered through the library. Ideally, these competencies can be integrated across the JD program by identifying specific opportunities where they make the most sense (see Table 3 below). And these competencies fall fairly logically along the three-year course of a JD program. The “know” competencies can be targeted more easily in an introductory first-year course, while upper-year courses can target the competencies associated with “access,” “evaluate,” and “use,” by introducing these concepts in a tangible way alongside the use of specific tools or in advanced legal research courses. The “ethics/legality” competencies naturally make the most sense to place in a legal ethics or professionalism course.

To give an idea of how these skills could be built across these different courses, consider the following example using the curriculum at Queen’s Law. First-year courses include an introductory legal skills course as well as courses in core areas of law, such as public law, contracts, criminal law, and torts. In keeping with the “Know” competencies outlined below, a very brief introduction to legal technology and AI could be incorporated into the legal skills course alongside a discussion of the duty of technological competence. Subject-specific tools that allow students to identify how AI is used in different areas of law could then be introduced in those other core courses—for example, the role of AI-assisted contract drafting and review tools in Contracts, the effects of judicial analytics tools in Public Law, and the use of problematic AI-driven tools in sentencing in Criminal Law. These are all high-level examples of raising a basic sense of awareness about AI in law for students in these first-year courses without delving too far into the use of specific tools or strategies for integrating them into practice.

Upper year courses, in contrast, can focus more strongly on integrating these tools and best practices into the curriculum. At Queen’s Law, students are required to write a substantial term paper in an upper year course, [22] which provides an ideal opportunity to integrate information literacy competencies associated with many standard legal research tool, such as an understanding of how algorithms affect the outcomes of their searches and how to effectively use and evaluate the results of an AI-driven tool in the course of legal research.

Other substantive courses could also integrate more hands-on use of specific AI-driven tools in accordance with these competencies. For example, due diligence tools (in a Corporate and Commercial Law course) and outcome prediction tools (e.g., in Family Law, Labor and Employment Law, or Criminal Law courses).

Lastly, higher level competencies could also be fostered in experiential learning settings within the law school. For instance, training on AI-driven citation assistance tools may be provided to student law review editors, legal research tools to mooting teams, and practice-specific technologies to students working at law clinics.

IV. Conclusion

By looking at AI through an information literacy lens, it becomes possible to identify specific competencies that should be fostered throughout a law school curriculum. This method can be helpful for designing instruction on this topic using the principles of backwards design and also for determining where specific competencies should be fostered at different points in a law student’s educational development.

In my own experience, student interest in this subject is high, and as a result, they are likely to be highly engaged in the classroom. Additional conversations on the integration of AI-driven tools into legal research and writing instruction would be fruitful to help instructors develop such sessions.

See, e.g., Emily Janoski-Haehlen & Sarah Starnes, The Ghost in the Machine: Artificial Intelligence in Law Schools , 58 Duq. L. Rev . 3, 22-23 (2020); Iantha M. Haight, Digital Natives, Techno-Transplants: Framing Minimum Technology Standards for Law School Graduates , 44 J. Leg. Prof. 175, 178 (2020); Melanie Reid, A Call to Arms: Why and How Lawyers and Law Schools Should Embrace Artificial Intelligence , 50 U. Tol. L. Rev . 477, 482-88 (2019); Emily Janoski-Haehlen, Robots, Blockchain, ESI, Oh My!: Why Law Schools Are (or Should Be) Teaching Legal Technology, 38 Legal References Service Q. 3 77, 83-88 (2019).

Model Rules of Pro. Conduct r. 1.1 cmt. [8] ( Am. Bar Ass’n 2020 ); Model Code of Pro. Conduct r. 3.1-2 cmt. [4A], [4B] ( Fed. of Law Soc. of Canada 2019).

Janoski-Haehlen & Starnes, supra note 1, at 98.

Am. Bar Ass’n , List of ABA-Approved Law Schools , https://www.americanbar.org/groups/legal_education/resources/aba_approved_law_schools/in_alphabetical_order/ [ https://perma.cc/Y9BG-VQ85 ] (last visited Mar. 18, 2022).

See, e.g., Jamie J. Baker, Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society , 69 S.C. L. Rev . 557 (2018); Paul D. Callister, Law, Artificial Intelligence, and Natural Language Processing: A Funny Thing Happened on the Way to My Search Results , 112 Law Libr . J. 161 (2020); Susan Nevelow Mart, Every Algorithm Has a POV , 22 AALL Spectrum 40 (2017); Theresa Tarves, AI in Legal Education , in Law Librarianship in the Age of AI, 103 (Ellyssa Kroski ed., 2020); Haight, supra note 1.

For example, see the discussion of the term’s definitions in Woodrow Barfield, Towards a Law of Artificial Intelligence , in Research Handbook on the Law of Artificial Intelligence 2, 3-4 (Woodrow Barfield & Ugo Pagallo, eds., 2018).

For specific examples of tools, see Heidi W. Heller, Types of AI Tools in Law , in law librarianship in the Age of AI, supra note 5, at 31.

See, e.g., Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search , 109 Law Libr. J. 387 (2017).

See, e.g., Margaret Martin Barry, Practice Ready: Are We There Yet? , 32 B.C. J. L. & Soc. Just . 247, 252 (2012).

Ellie Margolis & Kristen Murray, Using Information Literacy to Prepare Practice-Ready Graduates , 39 U. Haw. L. Rev. 1, 23 (2016).

Ass’n of Coll. & Res. Libr., Framework for Information Literacy for Higher Education 8 (Jan. 11, 2016), https://www.ala.org/acrl/standards/ilframework [ https://perma.cc/XQ65-LXJZ ].

For an idea of how this concept has transcended the complex technological advances of the past 30 years, note how similar these competencies are to the original proposal of information literacy as published in 1989: Am. Libr. Ass’n , Presidential Committee on Information Literacy: Final Report (Jan. 1989), https://www.ala.org/acrl/publications/whitepapers/presidential [ https://perma.cc/6X3S-GPLY ].

Am. Libr. Ass’n, Information Literacy Competency Standards for Higher Education 2-3 (Jan. 18, 2000), https://alair.ala.org/bitstream/handle/11213/7668/ACRL Information Literacy Competency Standards for Higher Education.pdf?sequence=1 [ https://perma.cc/QG22-W6HG ]. These competencies were later reorganized into the Framework for Information Literacy for Higher Education , supra note 11, which is the current iteration of the document.

Am. Ass’n of Law Libr. , AALL Principles & Standards for Legal Research Competency (Apr. 2020), https://www.aallnet.org/advocacy/legal-research-competency/principles-and-standards-for-legal-research-competency [ https://perma.cc/9JQ4-N4WL ].

See, e.g ., Casandra M. Laskowski, AI Defined: Core Concepts Necessary for the Savvy Law Librarian , in law librarianship in the Age of AI, supra note 5, at 1 ; Michael Legg & Felicity Bell, Artificial Intelligence and the Legal Profession: Becoming the AI-Enhanced Lawyer , 38(2) U. Tas. L. Rev. 34 (2020).

This is not a comprehensive adaptation of the framework, and there are likely further competencies that could be considered here.

“Backward design” is a framework first proposed by Grant Wiggins and Jay McTighe as a method of curriculum design that starts with identifying the desired results of a course or lesson, and then works backwards to plan the educational experience around those results. See Grant Wiggins & Jay McTighe, Understanding By Design (2nd ed. 2005). For examples of backward design in legal education, see, e.g., Nancy B. Talley, Are You Doing It Backward? Improving Information Literacy Instruction Using the AALL Principles and Standards for Legal Research Competency, Taxonomies, and Backward Design , 106 Law Libr. J . 47 (2014); Susan Azyndar, Work with Me Here: Collaborative Learning in the Legal Research Classroom , 1 Legal Info. Rev. 1 (2015-16); Gregory M. Duhl, Equipping Our Lawyers: Mitchell’s Outcomes-Based Approach to Legal Education , 38 Wm. Mitchell L. Rev. 906 (2012).

Ass’n of Coll. & Res. Libr., supra note 11, at 8.

See, e.g., Anna Yevelson-Shorsher & Jenny Bronstein, Three Perspectives on Information Literacy in Academia: Talking to Librarians, Faculty, and Students , 79(4) Coll. & Res. Libr. 535 (2018).

For example, librarians supporting law schools in northern Canada have commented on how barriers to internet access prevent students from accessing basic legal research tools like Westlaw and Lexis Advance Quicklaw. E.g., Aimee Ellis, Emily Tsui, Serena Ableson & Greg Hughes, Legal Information from Canadian Territories at the Canadian Association of Law Libraries 2021 Virtual Conference (Jun. 4, 2021).

Queen’s University , Juris Doctor (JD) Program , https://www.queensu.ca/academic-calendar/law/degree-programs/jd/ [ https://perma.cc/MZ24-QY7K ] (last visited Mar. 18, 2022).

LexQuest Foundation

LexQuest Foundation

Legal Literacy in India

By Tarunika Rajesh,  Law College Dehradun, Uttaranchal University.

The Need to Transform India at the Ground Level via Legal Awareness and Education

Legal awareness and knowledge are an indispensable part of a citizen’s education program which will enlighten and empower him to scale new heights of progression and free himself from the excesses of the executive or any existing authority. It is the central key to unlocking the door of positive change that we have cried out for so long in the years gone by and desire so much. This article stresses on the importance of Legal Literacy and how it can affect the pattern of overall development this New Year.

January 2015, marks the beginning of a New Year, opening up a whole new horizon of possibilities and positivity and a resounding and rejuvenated promise of ‘good old days’, which was the earmarked sound heard across the length and breadth of India. However, in the wake of such grandiose assurances and brimming positivity in the Indian political arena that dominated the media all through 2014, a little introspection regarding what went by and where we are today will not only help us in understanding our present standing better but also aid in keeping a tab of ‘rights and the wrongs’ which need to be used as stepping stones for 2015 as the political force will continue to alter, but the masses remain constant and the future of a democracy truly lies with them.

India has the distinction of being the world’s largest functioning democracy. Ever since her independence, India has been growing and developing through a democratic system of governance which involves self-rule by the people, clearly implying that the citizens are the constituents of not only the country but the foundation of democracy on which the entire structure of our legal framework lies.

“Legal Literacy is the core basis of the survival of our Constitutional Democracy. Our entire judicial set-up functions on the presumption that all people are aware of their rights and are able to approach the concerned institution.”

-Ex-Chief Justice of India, P. Sathasivam.

The supreme law of our nation is the Constitutional Law which is paramount and held as the highest and the ultimate authority that governs all the inhabitants living in the Indian democratic state. The main purpose of the laws so framed and presented in the Constitution is to safeguard, protect and preserve the life of all citizens and to prevent the rights that such individuals possess, from being infringed upon, or harmed and hampered with in the course of their lifetime. The basic ground or the foundation on which laws, rules and regulations were laid down was the agenda of protecting the rights of all and to ensure the wellbeing, happiness growth, expansion and development of the society and the people at large and simultaneously ensure that each person is able to successfully and peacefully live under the ambit of the law. To precisely put it, laws exist to serve the people and to achieve the ultimate end (which is welfare of one and all and to attain the highest level of progress attainable for the nation)

But the current state of affairs is grimly different from the aspirations and vision that the Indian judiciary and our forefathers had; because the advancement of India’s legal framework; has midway stalled due to the presence of impediments such as ignorance and lack of awareness about the existing laws and the available remedies in the legal system ; which in turn bottlenecks the progress of our country. Lack of knowledge about the basic legal and civil liberties , human rights , constitutional directives and other guidelines and principles that protect the dignity, liberty and freedom of people manifests itself in the society in the form of problems such as child labour, human trafficking etc. that threatens the safety of all.

Legal literacy is empowerment of individuals concerning issues that involve the law which helps in the promotion of legal consciousness, participation in the formation of laws& policies and rule of law [1] .

Simply put, legal literacy means:

“the elementary knowledge of law and information about the legal processes and not explicitly the in-depth advocacy.” [2]

It is essential to make sure that the government and the judiciary focus on making basic legal education available for all persons in India. It is crucial to understand that the  foundation of our Constitution faces risk of erosion if legal awareness is limited to select few people who consciously or knowingly adopt the study of law. With a population of over 1.21 billion [3] , it is sad to note that a staggering 45% are illiterate, clearly implying -, let alone basic compulsory education for all; the Government has failed to rectify the dismal situation of lack of education and awareness that India is reeling under which puts a question mark on the legal education and awareness set-up. Legal literacy and awareness are proven effective arms that can be used to bring about the radical change that the society wants which can happen if such legal education is transmitted at the grass root level.

In Air India Statutory Cooperation v. United Labour Union [4] , the concept of social justice has been explained as follows: “ ….. The aim of social justice is to attain substantial degree of economic, social and political equality which is the legitimate expectation and constitutional goal. In a developing society like ours, where there is a vast gap of inequality in status and of opportunity, law is a catalyst to the poor etc. The Constitution thus mandates the state to accord justice to all members of the society in all facets of human activity. Rule of law is therefore is a potent instrument of social justice to bring about equality.’’

Most importantly, the fundamental propose of the Indian Criminal Procedure Code is “ignorantia legis neminem excusat “ or “ ignorantia juris non excusat’’ meaning ignorance of the law is no excuse, thus making legal literacy and awareness compulsory for all citizens.

With the ever expanding population , social changes and booming economy , comes the downside of persistent problems that are still prevalent in India that is proving to be a major obstacle in the path of India’s progress and development .Issues such as corruption, increasing crime rate amongst the people belonging to the lower –strata of the society , poverty, mounting unemployment and more, are directly or indirectly linked to lack of education which creates prisoners or victims who rot in either the prisons or in some dingy corner of a city’s underbelly; witnessing their life being either taken away from them or decomposing every day ; as a result ; creating a negative, grim, canvass whereby the people are affected and the law and democracy completely fail to serve their true purpose.  Hence, in order to eliminate the problems present, the government and judiciary must fortify the structure of society-, The people, by ensuring the propagation, dissemination and overall spread of education and awareness followed by basic legal education which should by diffused via right policies, information, organisation legal camps in villages, schools etc that in turn; will serve the dual purpose of legal and country progression and extension of democratic consciousness  . Until one gains basic understanding of how to safeguard his life and property via legal methods and guaranteed rights, the dream of a developed and progressive society shall remain an ideal-to-be-achieved and not turn into reality. Such legal literacy must entail easy and comprehensible legal awareness about oneself (in the capacity of a citizen) and the Constitution- The paramount law of the land and must be made readily available to all citizens, both young and old ; poor and rich alike that will shield them from injustice and the negative repercussions of economic, political and social issues and also assist them in asserting themselves better in the political events and voice their opinions effectively to bring about the change they want to see in their environ.

Legal Literacy for this reason is an instrument of change that will help in bringing about radical differences in the lives of those who use this instrument to best of their ability. Sociological studies of 1 st world nations point out the fact that better awareness of the legal know-how helps citizens to implement and exercise their rights, decipher their duties better and comprehend policies laid down by the Supreme law and executive of the nation and creates confidence amongst all; creating a milieu of positive change which can take place via the following mediums:-

  • Better Implementation of policies and constitutional mandates that guarantee right to education /legal awareness directly or indirectly.
  • Implementation of social mechanisms such as Legal camps, workshops etc, to publicize knowledge about the legal framework and constitution.
  • Assistance provided by legal jurists, academicians, professors, advocates and other such professionals who can aid in the better understanding of laws and its working.
  • Making basic –level legal education mandatory for all youngsters/ school going children.
  • The government must issue such policies that are directed towards making such workshops, camps, classes available to villages, small towns, districts etc or where the ratio of illiteracy is significantly higher.
  • Ensuring legal assistance to the uneducated/ poor in all government and legal offices etc.

Thus, it is pertinent to understand that basic education entailing mandatory legal awareness and knowledge is the first step towards making India rise as a superpower nation in reality; which will not only metamorphose the lives of the unruly but bring a drastic change in the way society functions in all avenues. Not only will it help in tackling with social, economic and political problems but also help in the prevention of exploitation of the person by the powerful and help in better integration of the essence of the various laws and legal procedures created by our forefathers and the legislature.

[1] Origin : Wikipedia

[2] Lawyer’s Club India , Article, 19 th June 2011

[3] 15 th Census of India.

[4] AIR1997 SC 645

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LEGAL LITERACY GROWING NEED OF THE SOCIETY

Profile image of Dr Yashpal D Netragaonkar

Law of the land are made for the growth and benefit of the society. They are made to protect and preserve the human rights of all individuals. Laws are made for better governance of the country and it becomes imperative for the people of the country to become aware of the existing laws. Every nation is governed by a system of laws for the growth and overall development of the society. It is a system of rules and regulations which are found in judicial interpretations, constitutional and legislative enactments, made by the competent authority so as to govern society and to influence behaviour of the individuals therein in the righteous manner. It is a powerful concept and also a mechanism of social control and law and order in the society. The present paper aims to throw light on the importance of legal literacy for the overall growth and development of the nation.

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Health Literacy: the Path to Better Health Outcomes

This essay about health literacy emphasizes its critical role in healthcare, encompassing skills to understand and utilize health information effectively. It discusses the evolution of health literacy, including the need for analytical thinking, numeracy, and communication skills. The essay highlights the impact of inadequate health literacy, such as medication errors and disparities in healthcare access. It also suggests strategies for promoting health literacy, including clear communication by healthcare providers and targeted public health initiatives. Overall, the essay underscores the importance of health literacy in improving healthcare outcomes and achieving equity in healthcare access.

How it works

Health literacy, an indispensable yet frequently underestimated facet of healthcare, delineates the proficiency to acquire, comprehend, and employ health information to render enlightened determinations concerning one’s well-being. This concept transcends mere literacy; it encompasses a plethora of competencies enabling individuals to navigate the intricacies of healthcare systems, assimilate medical directives, and render determinations that positively influence their welfare. Grasping the significance of health literacy is pivotal for refining healthcare delivery and attaining impartial health outcomes.

The definition of health literacy has undergone metamorphosis over time to mirror the burgeoning complexity of healthcare.

Initially construed as the ability to peruse health-related information, it now enshrines proficiencies such as analytical thinking and numeracy. These aptitudes aid individuals in deciphering data, adhering to directives from healthcare providers, and assessing the credibility of diverse health resources. Health literacy also entails efficacious dialogue with healthcare professionals, ensuring that patients can articulate their symptoms, pose pertinent queries, and advocate for their requisites.

A noteworthy constituent of health literacy is the prowess to access pertinent information. In today’s digital epoch, where medical information is prolific yet at times unreliable, discerning accurate and dependable sources is imperative. This acumen assumes even greater significance when pondering how misinformation can sway determinations regarding vaccines, medications, and treatment regimens. Hence, a well-informed individual should possess the acumen to discriminate between credible, evidence-based sources and dubious content that may engender unfavorable health determinations.

Numeracy constitutes another pivotal facet of health literacy, aiding individuals in deciphering statistics and measurements employed in medical contexts. For instance, comprehending dosage instructions, monitoring blood pressure levels, and discerning the ramifications of diagnostic test outcomes necessitate rudimentary numeracy skills. Patients grappling with these competencies may encounter challenges adhering to their treatment regimens, potentially resulting in medication errors or ineffectual disease management.

Communication skills also wield considerable sway in health literacy. Patients must adeptly convey their symptoms and apprehensions to healthcare providers, who, reciprocally, should furnish lucid explanations and counsel. This reciprocal interaction ensures that patients are empowered to render well-informed determinations about their care and adhere to prescribed treatment strategies. Addressing barriers stemming from limited language proficiency or cultural disparities is imperative in fostering equitable health literacy.

The repercussions of inadequate health literacy are extensive. Individuals with deficient health literacy may misconstrue medical directives, culminating in elevated rates of hospitalization, medication errors, and preventable complications. This, in turn, augments healthcare expenditures and engenders heightened strain on healthcare systems. Furthermore, restricted health literacy disproportionately impacts marginalized communities, exacerbating health disparities and impeding endeavors to attain impartial health outcomes.

To confront these challenges, healthcare systems and professionals must actively promote health literacy. Providers should accord priority to lucid communication, employing plain language, visual aids, and teach-back methodologies to affirm patient comprehension. Additionally, public health initiatives can aid by crafting educational materials that are accessible and culturally attuned, targeting populations most susceptible to substandard health literacy. Schools and community organizations can also contribute by nurturing health literacy competencies through educational initiatives and outreach endeavors.

The digital metamorphosis of healthcare unveils novel prospects and challenges in this sphere. Digital tools such as patient portals and mobile health applications can enhance information accessibility and facilitate communication between patients and providers. Nonetheless, ensuring these tools are user-friendly and inclusive is pivotal to forestall exacerbating the digital chasm.

In culmination, health literacy constitutes a multifaceted concept encapsulating an array of competencies essential for traversing the healthcare panorama. By championing health literacy, we endow individuals with the ability to render enlightened determinations, adhere to treatment strategies, and ultimately ameliorate their health outcomes. This is indispensable in realizing a more impartial and efficacious healthcare system wherein every individual can access the care and information requisite for leading healthier lives.

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New law shifts financial literacy education to grades 10-12 in Oklahoma schools

by Rian Stockett

New law shifts financial literacy education to grades 10-12 in Oklahoma schools (KTUL).{p}{/p}

Tulsa, Okla. — Preparing teenagers for the real world.

We’re talking about financial literacy in schools.

Before this week, students were already required to take a financial literacy course sometime between 7th and 12th grade, but a new law that was signed on Monday would narrow down this timeframe, making it more relevant to students.

"We felt like the 7th, 8th, and 9th grade students probably weren't ready to learn about financial literacy. So this bill changes it 10th, 11th, and 12th grade of when they'd be taught," said Representative Dick Lowe who authored Senate Bill 2158 which was signed into law on Monday.

He says this law would ensure that students are getting a financial literacy education at a time that’s closer to when they would be out in the real world and having to use that financial literacy education.

This bill also updates what’s being taught in the required financial literacy course.

"One piece of the legislation talks about balancing a checkbook. Most of us probably don't do that anymore. We're doing online banking, so that is included in it," said Lowe.

He says this course will also be updated to include learning about credit scores and real estate.

"Understanding buying, renting, and those kinds of things. So we're excited about the updates," said Lowe.

Last month, Wallethub released a list of most financially literate states, and Oklahoma ranked 50th.

"We rank 50th out of 51 in financial literacy. That's a problem," said Chris Young, a local who I spoke with about this new law.

"The financial literacy course I think would benefit all children as they're getting ready between 10th and 12th grade," said Young.

Young says this legislation would not only benefit these teenagers, but would benefit the state.

"I’m always leery of that coming from the outside to fix something in the schools," said Dennis Queen, a retired educator who says he’s always in favor of financial liberty and financial programs, but believes that what is taught in the classroom is the primary responsibility of the school.

"The legislature doesn't need to tell them how to do their job, especially in a country, in a state that isn't doing a great job anyway," said Queen.

I spoke with someone who didn’t want to go on camera who said that requiring these courses is a good thing but had concerns about these financial literacy courses checking off boxes instead of actually helping students understand and learn the content.

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Ramón Fonseca, partner in firm at center of “Panama Papers” scandal, dies

FILE - Ramon Fonseca speaks during an interview at his office in Panama City, April 7, 2016. Fonseca, a partner in the Mossack Fonseca law firm at the center of the “Panama Papers” scandal over the hiding of wealth in offshore entities, has died, a lawyer from his firm confirmed Thursday, May 9, 2024. He was 71. (AP Photo/Arnulfo Franco, File)

FILE - Ramon Fonseca speaks during an interview at his office in Panama City, April 7, 2016. Fonseca, a partner in the Mossack Fonseca law firm at the center of the “Panama Papers” scandal over the hiding of wealth in offshore entities, has died, a lawyer from his firm confirmed Thursday, May 9, 2024. He was 71. (AP Photo/Arnulfo Franco, File)

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Ramón Fonseca, a partner in the Mossack Fonseca law firm at the center of the “Panama Papers” scandal over the hiding of wealth in offshore entities, has died, a lawyer from his firm confirmed Thursday. He was 71.

Lawyer Guillermina McDonald told The Associated Press in a phone message that Fonseca died late Wednesday. She said he had been hospitalized since two days before last month’s start of a trial centered on his firm. A cause of death was not provided.

Fonseca was not present at the trial, but his partner Jürgen Mossack did attend. Fonseca was among more than two-dozen associates accused of helping some of the world’s richest people hide their wealth. A verdict is still awaited.

The trial came eight years after the leak of 11 million financial documents that became known as the “Panama Papers.” The leak prompted the resignation of the prime minister of Iceland and brought scrutiny to the then-leaders of Argentina and Ukraine, Chinese politicians, and Russian President Vladimir Putin, among others.

Panamanian prosecutors allege that Mossack, Fonseca and their associates created a web of shell companies that used complex transactions to hide money linked to illicit activities in the “car wash” corruption scandal of Brazilian construction giant Odebrecht.

Fonseca and others were charged with money laundering, which they denied.

Fonseca had said the firm, which closed in 2018, had no control over how its clients might use offshore vehicles created for them.

Mossack Fonseca helped create and sell around 240,000 shell companies across four decades in business. It announced its closure in March 2018, two years after the scandal erupted.

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Panama Papers law firm co-founder Ramon Fonseca dies in hospital, lawyer says

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Ramon Fonseca, founding partner of law firm Mossack Fonseca, speaks during an interview with Reuters at his office in Panama City

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Ramón Fonseca, Cofounder of Law Firm at Center of Panama Papers, Dies

Mr. Fonseca died while awaiting the verdict in his trial for money laundering tied to the 2016 scandal exposed by a massive leak of documents from his firm.

A man wearing a dark suit, white shirt and red tie sits behind a desk with his legs crossed, and a bookshelf behind him.

By Leila Miller

Ramón Fonseca, who co-founded the law firm at the heart of the Panama Papers leak, died Wednesday night, his lawyer confirmed, while awaiting the verdict in his money-laundering trial in Panama.

Mr. Fonseca, 71, died after complications from pneumonia, his daughter, Raquel Fonseca, told the Spanish news agency EFE .

Both Mr. Fonseca and Jürgen Mossack, who together founded the Mossack Fonseca firm, stood trial in Panama last month in relation to an explosive investigation published in 2016 by a coalition of news outlets that looked at 11.5 million confidential documents from the firm. The files, leaked by an anonymous source, identified international politicians , business leaders, criminals and celebrities involved in webs of suspicious financial transactions that concealed their wealth and avoided taxes.

During the trial, which began April 8 and lasted 10 days, prosecutors alleged that the firm had created shell companies with the purpose of hiding money that came from illicit activities. A total of 29 people — former employees of the now-shuttered firm and alleged conspirators — were accused of money laundering.

Since the beginning of the scandal, Mr. Fonseca and Mr. Mossack maintained their innocence. In an interview shortly after the Panama Papers exposé broke, Mr. Fonseca said that the firm had carefully vetted its clients but that it was similar to a car factory that “is not responsible for what is done with the car” after it is sold.

Mr. Fonseca studied at the London School of Economics and later worked for several years at the United Nations in Geneva. He told The New York Times that he had been “trying to save the world.”

In 1986, he and Mr. Mossack merged their small law firms into one that would be focused on secretive offshore banking. He also became a famous novelist, twice winning a prestigious Panamanian literary prize, and served as an adviser to President Juan Carlos Varela.

The Panama Papers investigation began with a message from an anonymous whistle-blower to Süddeutsche Zeitung, a German newspaper, asking if it was interested in data. The outlet decided to share the massive leak with the International Consortium of Investigative Journalists in Washington, D.C., which put together a team of hundreds of reporters from more than 100 news organizations around the world.

The leaked files covered nearly 215,000 offshore entities and more than 14,000 banks, law firms and middlemen that worked with Mossack Fonseca. The stories by the journalism partnership began rolling out in April 2016, leading the prime ministers of Iceland and Pakistan to step down.

But in Panama, some saw the firm’s owners as victims. The country’s bar association at the time came to its defense, saying that the leak was an attempt to attack the country’s reputation.

In 2017, Mossack and Fonseca were arrested in Panama on money-laundering charges relating to a scandal in Brazil known as Lava Jato, or Car Wash, a bribery scheme involving the state-controlled oil company Petrobras. They were released on bail from prison after several months. Their firm, which at one point had more than 600 employees, closed in 2018, insisting that it hadn’t broken the law.

In the Panama Papers trial, prosecutors alleged that the firm managed shell companies with the aim of moving off-the-books money from the German electronics company Siemens that was tied to illegal payments. They also accused the firm of being involved in illicit activity connected to Argentina.

It is unclear when the judge will hand down verdicts. She is also expected to issue a decision on a trial that took place last summer in the Lava Jato case that also implicated the firm.

Mr. Fonseca had been hospitalized throughout the Panama Papers trial. His daughter told EFE that the scandal had caused his health to deteriorate.

“All of this political persecution, all of the injustices greatly affected his physical health,” she said.

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