June 17, 2019

Archives for March 24, 2016

Professional Paradigms New and Old (Part 1): The Future Is Here, And We’re Not In It

The%20Future%20of%20the%20ProfessionsThe first six months of 2015, this blog ran a series on the Future of Law. About halfway through, I discovered the work of law futurist Richard Susskind, and quoted his books several times after that.

Richard and his son Daniel recently teamed up to publish The Future of the Professions: How Technology Will Transform the Work of Human Experts.

The book takes commitment to get through — it is exhaustively (sometimes exhaustingly) researched, and written with the painstaking (sometimes painful in its meticulousness) logic of philosophy (or a legal brief). But if you want to make your own contribution to the future of the profession, it’s an absolute must-read.

Among other things, you’ll find lots of new news about practice models and technologies — not just in law, but the other professions as well — which gives a sense of the vastness of the paradigm shift currently well underway in all the professions.

Here’s how the book summarizes its message:

[T]he professions are our current solution to a pervasive problem, namely, that none of us has sufficient specialist knowledge to allow us to cope with all the challenges that life throws at us. We have limited understanding, and so we turn to doctors, lawyers, teachers, architects, and other professionals because they have ‘practical expertise’ that we need to bring to bear in our daily lives. In a print-based society, we have interposed the professions, as gatekeepers, between individuals and organizations, and the knowledge and experience to which they need access.

In the first two parts of the book we describe the changes taking place within the professions, and we develop various theories (largely technological and economic) that lead us to conclude that, in the future—in the fully fledged, technology-based Internet society—increasingly capable machines, autonomously or with non-specialist users, will take on many of the tasks that currently are the exclusive realm of the professions.

While we do not anticipate an overnight, big-bang revolution, equally we do not expect a leisurely evolutionary progression into the post-professional society. Instead, we predict what we call and ‘incremental transformation’ in the way in which we organize and share expertise in society, a displacement of the traditional professions in a staggered series of steps and bounds. Although the change will come in increments, its eventual impact will be radical and pervasive.

In other words, the professions as we have known them are facing the full implications of a massive paradigm shift from analog to digital in how we create, curate, and communicate wisdom, expertise, and specialized knowledge. The old paradigm relied on manuscripts and human brains; the new is proliferated in digitized forms most of us can barely conceive of.

The result? Let’s put it this way: the Susskinds could have called their book not the Future of the Professions, but the End of the Professions.

As I’ve said before, this paradigm shift is way bigger than our individual opinions of it. This series will offer some thoughts on how we reckon with it.

 

Rhodes_4For last year’s version of the Future of Law, check out this collection of those blog posts. It’s a FREE download. Also included is the Culture of Law series from the second half of 2015. Click this link or the cover for details.

DOR Beneficiary Designation Bill, Medical Marijuana Testing Facility Licensing Bill, and More Signed

On Wednesday, March 23, 2016, Governor Hickenlooper signed 13 bills into law. To date, the governor has signed 59 bills this legislative session. The bills signed Wednesday include a bill requiring the Department of Revenue to create its own beneficiary designation form for vehicle ownership transfer on death, a bill allowing local licensing authorities to issue medical marijuana testing facility licenses, and more.

  • HB 16-1051 – Concerning the Issuance of Beneficiary Designation Forms to Facilitate the Transfer of Ownership of a Vehicle Upon the Death of an Owner, by Rep. Kevin Van Winkle and Sen. Chris Holbert. The bill requires the Department of Revenue to create its own beneficiary designation form for the transfer of vehicle ownership.
  • HB 16-1064 – Concerning Local Licensing of Marijuana Testing Facilities, by Rep. J. Paul Brown and Sen. Ellen Roberts. The bill allows a local medical marijuana licensing authority to issue medical marijuana testing facility licenses.
  • HB 16-1091 – Concerning a Change to the Biennial Filing Date for Rate-Regulated Electric Utilities to Submit Their Plans for Transmission Facilities to the Public Utilities Commission and, in Connection Therewith, Deleting the Requirement that the Commission Issue a Final Order within One Hundred Eighty Days After an Application for the Construction or Expansion of Transmission Facilities is Filed, by Reps. Dan Thurlow & Diane Mitsch Bush and Sen. Jerry Sonnenberg. Current law requires rate regulated electric utilities to submit plans and other documents to the PUC by October 31 of each odd-numbered year. The bill changes the requirement so that the PUC can set the date for plan submission.
  • HB 16-1119 – Concerning a Modification to the Number of Days that an Aircraft May Remain in the State After it is Purchased for Purposes of the Sales and Use Tax Exemption on the Purchase of Certain Aircraft, by Rep. Dan Thurlow and Sen. Chris Holbert. The bill expands the sales and use tax exemptions for aircraft.
  • SB 16-055 – Concerning the Conduct of Elections to Choose the Board of Directors of a Cooperative Electric Association, by Sen. Kevin Grantham and Rep. Dominick Moreno. Currently, cooperative electric associations may exempt themselves from regulation by the PUC, and may contract with third parties to collect and count the ballots for board elections. The bill allows the ballots to be mailed directly to the third party.
  • SB 16-063 – Concerning the Authority of a Local Government to Enter Into an Intergovernmental Agreement with an Out-of-State Local Government to Provide Critical Public Services, by Sen. Ellen Roberts and Rep. Edward Vigil. The bill authorizes local governments to contract with local governments in bordering states to provide emergency services.
  • SB 16-089 – Concerning the Establishment of an Alternative Maximum Reserve for the Department of State Cash Fund, by Sen. Kent Lambert and Rep. Millie Hamner. The bill allows an alternative maximum reserve for the Department of State Cash Fund equal to 16.5 percent of total expenditures plus an amount equal to any unexpended moneys from the previous year.
  • SB 16-090 – Concerning the Ability of the Department of Public Health and Environment to Collect Data on Marijuana Health Effects at a Regional Level, by Sen. Pat Steadman and Rep. Dave Young. The bill allows data regarding marijuana health effects to be reported at the regional level instead of only the county level.
  • SB 16-091 – Concerning Timing of the Statewide Discovery Sharing System, by Sen. Kent Lambert and Rep. Millie Hamner. The bill delays the start of the statewide eDiscovery sharing system from November 1, 2016 to July 1, 2017.
  • SB 16-092 – Concerning the Authorization of the State to Act Pursuant to the Federal “Oil Pollution Act of 1990,” by Sen. Kevin Grantham and Rep. Bob Rankin. The bill allows money recovered for damages pursuant to the federal Oil Pollution Act to be deposited in the Natural Resource Damage Recovery Fund.
  • SB 16-093 – Concerning Transfer of the Oversight of Independent Living Services from the Department of Human Services to the Department of Labor and Employment, by Sen. Kent Lambert and Rep. Dave Young. The bill transfers oversight of independent living services for persons with disabilities to the Department of Labor and Employment.
  • SB 16-095 – Concerning the Five-Year Appropriations Requirement for Bills that Change the Periods of Incarceration in State Correctional Facilities, by Sen. Pat Steadman and Rep. Dave Young. The bill modifies the manner in which fiscal notes and appropriations affecting the Department of Corrections are made.
  • SB 16-107 – Concerning the Regulation of Voter Registration Drive Circulators and, in Connection Therewith, Requiring Circulators to Complete Mandatory Training, by Sen. John Cooke and Rep. Dan Pabon. The bill requires voter registration drive circulators to meet training requirements established by the Secretary of State prior to circulating any voter registration applications.

For a complete list of Governor Hickenlooper’s 2016 legislative decisions, click here.

Tenth Circuit: Unpublished Opinions, 3/23/2016

On Wednesday, March 23, 2016, the Tenth Circuit Court of Appeals issued no published opinion and four unpublished opinions.

United States v. Harris

United States v. Vaughan

Lujan-Jimenez v. Lynch

Webb v. Warren

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.