Law schools are considering post-ChatGPT courses

ChatGPT’s revelation sparked conversations among law schools, with opinions ranging from banning GPT platforms in certain classes to encouraging experimentation to rethinking law school pedagogy. ABA Magazine participation.

The impact of generative artificial intelligence tools like ChatGPT touches every stage of law school—from admissions to classwork to legal review and the bar—leaving faculty to assess the tool’s threats and opportunities.

Before its release in November 2022, “99% of people in law schools had never heard of ChatGPT, and ‘generative AI’ was not a term that was routinely used,” said April Dawson, professor and associate professor of technology and innovation at North Carolina Central University School of Law. “It was a completely different environment than the current legal education space.”

While the University of Michigan Law School is now asking applicants to confirm that they have not used AI for editorial purposes, some law professors say the free version of ChatGPT could support aspiring lawyers from underrepresented backgrounds and under-resourced who don’t have the have the resources to hire consultants or don’t have the connections to help with their applications.

“Generative AI helps level the playing field,” said Andrew Perlman, dean of Suffolk University Law School.

Although generative AI has been around for years and is even taught in some law schools, some schools have banned it for use in graded work to prevent cheating. “They don’t want students to have access to it. They don’t want students using it,” Perlman added.

That’s old-fashioned thinking that defies educational responsibility, says David Kemp, an adjunct professor at Rutgers Law School.

“It’s almost like not providing adequate instruction on Westlaw or Lexis. In most states there is an ethical obligation to competency, which also includes technological competency.”

Daniel Linna, director of law and technology initiatives at Northwestern University Pritzker Law School, agrees.

“We as teachers must ask ourselves, ‘How do our students differentiate themselves?’ That won’t happen by banning these tools.”

Perlman, a member of the ABA Section on Legal Education and Bar Admissions, believes in teaching generative AI from the ground up. “First-year legal research and writing classes would be an important place for students to learn about the tool,” he says.

At Rutgers Law, Kemp held a two-week summer course focused on improving ChatGPT skills. “It’s fun to see how it evolves and to see students getting excited,” he says. Kemp, a member of the ABA Center for Professional Responsibility, says he uses ChatGPT himself for up to five hours a day to stay abreast of evolving opportunities.

Others have integrated ChatGPT exercises into existing courses. In “Generative Artificial Intelligence and the Business of Law,” a course on technology and its impact on the practice of law, Alice Armitage, professor at the University of California College of Law in San Francisco and the school’s director of applied innovation, requires students to practice with quick writing and then refine the results three times. They then write a five-page article based on that information and check the facts to eliminate possible ChatGPT hallucinations, she adds.

Armitage, an ABA member, now customizes syllabi, assignments and exercises on new topics with ChatGPT.

“Every aspect of creating an exercise or activity in class is time-consuming,” she says. “Previously, updating took hours.”

ChatGPT could also change the way law school exams are administered.

“The take-home essay question or essay exam can really be a thing of the past,” says Kemp. Instead, multiple-choice exams and oral arguments could be substitutes.

These technological advances require a hard look at what students need to practice law, “and that is an understanding of technology,” Armitage adds.

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This story was originally published in the February-March 2024 issue of the ABA Magazine.

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