Digital Justice

Technology and the Internet of Disputes
Author: Ethan Katsh,Orna Rabinovich-Einy
Publisher: Oxford University Press
ISBN: 0190464593
Category: Law
Page: 352
View: 7750
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Improving access to justice has been an ongoing process, and on-demand justice should be a natural part of our increasingly on-demand society. What can we do for example when Facebook blocks our account, we're harassed on Twitter, discover that our credit report contains errors, or receive a negative review on Airbnb? How do we effectively resolve these and other such issues? Digital Justice introduces the reader to new technological tools to resolve and prevent disputes bringing dispute resolution to cyberspace, where those who would never look to a court for assistance can find help for instance via a smartphone. The authors focus particular attention on five areas that have seen great innovation as well as large volumes of disputes: ecommerce, healthcare, social media, labor, and the courts. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.

Digital Justice

Technology and the Internet of Disputes
Author: Ethan Katsh,Orna Rabinovich-Einy
Publisher: Oxford University Press
ISBN: 0190464607
Category: Law
Page: 352
View: 9258
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Improving access to justice has been an ongoing process, and on-demand justice should be a natural part of our increasingly on-demand society. What can we do for example when Facebook blocks our account, we're harassed on Twitter, discover that our credit report contains errors, or receive a negative review on Airbnb? How do we effectively resolve these and other such issues? Digital Justice introduces the reader to new technological tools to resolve and prevent disputes bringing dispute resolution to cyberspace, where those who would never look to a court for assistance can find help for instance via a smartphone. The authors focus particular attention on four areas that have seen great innovation as well as large volumes of disputes: ecommerce, healthcare, social media, and labor. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.

Digital Justice

Technology and the Internet of Disputes
Author: Ethan Katsh,Orna Rabinovich-Einy
Publisher: Oxford University Press
ISBN: 0190464585
Category: Law
Page: 264
View: 1510
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Improving access to justice has been an ongoing process, and on-demand justice should be a natural part of our increasingly on-demand society. What can we do for example when Facebook blocks our account, we're harassed on Twitter, discover that our credit report contains errors, or receive a negative review on Airbnb? How do we effectively resolve these and other such issues? Digital Justice introduces the reader to new technological tools to resolve and prevent disputes bringing dispute resolution to cyberspace, where those who would never look to a court for assistance can find help for instance via a smartphone. The authors focus particular attention on five areas that have seen great innovation as well as large volumes of disputes: ecommerce, healthcare, social media, labor, and the courts. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.

Rebooting Justice

More Technology, Fewer Lawyers, and the Future of Law
Author: Benjamin H. Barton,Stephanos Bibas
Publisher: Encounter Books
ISBN: 1594039348
Category: Law
Page: N.A
View: 9995
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America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.

Online Dispute Resolution

Resolving Conflicts in Cyberspace
Author: Ethan Katsh,Janet Rifkin
Publisher: Jossey-Bass
ISBN: 9780787956769
Category: Law
Page: 240
View: 4910
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An essential tool for dispute resolution professionals as well as for anyone considering using dispute resolution in their lives and work, Online Dispute Resolution explains the many diverse and unique applications of doing conflict resolution online. The expert authors examine the tremendous growth of online dispute resolution-including its use by eBay and other e-commerce companies-and reveal the enormous possibilities to come, along with the many employment opportunities for practitioners in the field. They show how the online environment will affect the role of those who are concerned with dispute resolution just as it has brought changes to those who practice law, sell stocks, or run for office. For those who see the value of technology as a critical building block in the future of dispute resolution, Online Dispute Resolution will be an indispensable resource.

Arbitration in the Digital Age

The Brave New World of Arbitration
Author: Maud Piers,Christian Aschauer
Publisher: Cambridge University Press
ISBN: 1108417906
Category: Law
Page: N.A
View: 2289
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Demonstrates the enormous impact that the use of technology is having, and will continue to have, on arbitration.

Online Dispute Resolution

Challenges for Contemporary Justice
Author: Gabrielle Kaufmann-Kohler,Thomas Schultz
Publisher: Kluwer Law International
ISBN: 9041123180
Category: Law
Page: 384
View: 6641
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In a world governed by speed, the Internet plays a growing role in many of today's innovations, and the resolution of disputes using electronic means of communication may soon be part of everyday legal practice. This book offers a survey of the current state of play in online dispute resolution, from the methods and information technology currently in use to the range of regulatory solutions proposed by shareholders. Taking their analysis a step further, the authors also address this new field's most pressing issues, including possible amendments of existing legislation, treaties, and arbitration and other ADR rules. Online Dispute Resolution: Challenges for Contemporary Justice is an in-depth study of online dispute resolution today, discussing among other topics: the different methods of ODR; fields of use; ways to bring parties to online dispute resolution; validity and effects of clauses entered into online and providing for online mediation or arbitration; issues surrounding electronic communications and evidence in arbitration; and, enforcement of online dispute resolution outcomes, both through court proceedings and built-in enforcement mechanisms. This book also covers issues related to security and e-commerce in general. As a special feature, it contains a section on existing online dispute resolution providers, complete with interviews and statistics. Online Dispute Resolution: Challenges for Contemporary Justice is a significant resource for legal counsel, to arbitral institutions, ODR and ADR service providers, governments and governmental and non-governmental organizations, as well as to those with a more academic interest. This book will provide a greater understanding of online dispute resolution to persons in the fields of arbitration and ADR, e-commerce, intellectual property, civil procedure, international law, international trade and commerce, and information technology.

Online Dispute Resolution

Theory and Practice : a Treatise on Technology and Dispute Resolution
Author: Mohamed S. Abdel Wahab,M. Ethan Katsh,Daniel Rainey
Publisher: Eleven International Pub
ISBN: 9789490947255
Category: Law
Page: 571
View: 3223
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This book provides a state-of-the-art overview and assessment of the status quo and future of the Online Dispute Resolution (ODR) field. International, comparative, and interdisciplinary approaches have been utilized. Written by leading ODR scholars, the first part of the book includes an in-depth assessment of ODR, its applications, and its future in a comparative and analytical context. The second section offers a regional oriented approach, where the prospects, challenges, and success of ODR - and its applications in the North America, Latin America, Africa, Australia, Europe, and Asia - are mapped and fully addressed. The book is a must read text by scholars, practitioners, academics, and researchers in the dispute resolution and information technology field.

Digital Dilemmas

Power, Resistance, and the Internet
Author: M.I. Franklin
Publisher: Oxford University Press
ISBN: 0199982708
Category: Business & Economics
Page: 271
View: 4881
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Digital Dilemmas is a groundbreaking ethnographic, mixed method approach to understanding dynamics of power and resistance as they are played out around the future of the internet. M. I. Franklin looks at the way that publics, governments, and multilateral institutions are being redefined and reinvented in digital settings that are ubiquitous and yet controlled by a relative few. Franklin does this through three original and wide-ranging case studies that get at the way that computer-mediated power relations play out "on the ground" through a mixture of overlapping online and offline activity, at personal, community, and transnational levels. Case studies include online activities around homelessness and street papers in the U.S. and around the world, digital and human rights activism carried out though the United Nations, and the ongoing battle between proprietary and free and open source software proponents. The result is a thought-provoking and seminal work on the way that the new paradigms of power and resistance forged online reshape localized and traditional power structures offline.

CyberJustice

Online Dispute Resolution (ODR) for E-commerce
Author: Lucille M. Ponte,Thomas D. Cavenagh
Publisher: Prentice Hall
ISBN: N.A
Category: Computers
Page: 170
View: 5865
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With no uniform laws or court systems in the global marketplace of the online world, e-businesses and their customers are looking for dispute resolutions options that reflect the speed and convenience of the Web. This interactive text provides a concise and easy-to-understand overview of the cutting edge topic of Online Dispute Resolutions (ODR) that can be used as a supplement to a wide range of courses.

The Quiet Power of Indicators

Measuring Governance, Corruption, and Rule of Law
Author: Sally Engle Merry,Kevin E. Davis,Benedict Kingsbury
Publisher: Cambridge University Press
ISBN: 1107075203
Category: Law
Page: 369
View: 7754
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This highly accessible book investigates the rankings that increasingly influence perceptions of countries' governance and civil rights.

Courts, Litigants, and the Digital Age

Law, Ethics, and Practice
Author: Karen Eltis
Publisher: N.A
ISBN: 9781552214206
Category: Law
Page: 208
View: 3761
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Courts, Litigants, and the Digital Age examines the ramifications of technology for courts, judges, and the administration of justice. It sets out the issues raised by technology, and, particularly, the Internet, so that conventional paradigms can be updated in the judicial context. In particular, the book dwells on issues such as proper judicial use of Internet sources, judicial ethics and social networking, electronic court records and anonymization techniques, control of the courtroom and jurors' use of new technologies, as well as the Internet's impact on judicial appointments and the diversity of the judiciary. The second edition includes discussion of current issues in this rapidly developing area, such as privacy protection, the -right to be forgotten, - cyber intimidation, freedom of digital speech, and litigant anonymity. Through examination of relevant practical, legal, and ethical issues, it endeavours to extract lessons from the developing issues surveyed and proposes forward-thinking approaches based on proportionality principles.

Science and Technology in International Economic Law

Balancing Competing Interests
Author: Bryan Mercurio,Kuei-Jung Ni
Publisher: Routledge
ISBN: 1134119704
Category: Law
Page: 320
View: 9925
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Science and technology plays an increasingly important role in the continued development of international economic law. This book brings together well-known and rising scholars to explore the status and interaction of science, technology and international economic law. The book reviews the place of science and technology in the development of international economic law with a view to ensure a balance between the promotion of trade and investment liberalisation and decision-making based on a sound scientific process without hampering technological development. The book features chapters from a range of experts – including Lukasz Gruszczynski, Jürgen Kurtz, Andrew Mitchell and Peter K. Yu – who examine a wide range of issues such as investment law, international trade law, and international intellectual property. By bringing together these issues, the book asks how international trade and investment regimes utilise science and technology, and whether they do so fairly and in the interest of broader public policies. This book will be of great interest to researchers of international economic law, health law, technology law and international intellectual property law.

Technology for Justice

How Information Technology Can Support Judicial Reform
Author: Dory Reiling
Publisher: Amsterdam University Press
ISBN: 9087280718
Category: Law
Page: 310
View: 4673
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"Technology for Justice examines the impact of IT on the administration of justice. Drawing on a broad variety of sources such as comparative studies, statistics, case law and legal studies on the use of IT in court, Reiling examines how IT can help remedy judicial delays, lack of access to justice and court corruption. She also explores the potential of the Internet technology for increasing access to legal information as a means of self help with settlement and support for court access"--Provided by publisher.

Law in a Digital World


Author: M. Ethan Katsh
Publisher: Oxford University Press
ISBN: 9780195359855
Category: Law
Page: 304
View: 9207
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The world of law is a world of information. Rules, judgments, decisions, interpretations, and agreements all involve using and communicating information. Today, we are experiencing a significant transition, from letters fixed on paper to information stored electronically. The digital era, where information is created, stored, and communicated electronically, is quickly approaching, if not already here. The future of law will no longer be found in impressive buildings and leather-bound books, but in small pieces of silicon, in streams of light, and in millions of miles of wires and cable. It will be a world of new relationships and greater possibilities for individual and group communication, an environment where the value of information increases as it is shared. In Law in a Digital world, M. Ethan Katsh explores how these new technologies will alter one of our most central institutions. He considers the different ways in which people will not only electronically read and write, but also interact with our vast storehouses of legal knowledge and information. He envisions how sounds and pictures will play into the largely imageless print world of law, and looks at the future importance of graphic and nontextual communication. He explores how the flexible, personalized organization of data will transform the way we gather information, and whether information can or cannot be contained, raising questions of copyright and privacy. What happens to the law when information is more plentiful and accessible? What happens to those people who suddenly have access to information never before available? Does the use of information in a new form change the institution, the user, and those who come in contact with the user? And, what role does the lawyer play in all of this? For citizens, for lawyers, for all those who will be part of the digital world rushing toward us, Katsh answers these questions while considering the implications of this new era.

Understanding Digital Culture


Author: Vincent Miller
Publisher: SAGE
ISBN: 9781446246481
Category: Social Science
Page: 264
View: 4184
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"This is an outstanding book. It is one of only a few scholarly texts that successfully combine a nuanced theoretical understanding of the digital age with empirical case studies of contemporary media culture. The scope is impressive, ranging from questions of digital inequality to emergent forms of cyberpolitics." - Nick Gane, York University "Well written, very up-to-date with a good balance of examples and theory. It's good to have all the major issues covered in one book." - Peter Millard, Portsmouth University "This is just the text I was looking for to enable first year undergraduates to develop their critical understanding of the technologies they have embedded so completely in their lives." - Chris Simpson, University College of St Mark & St John This is more than just another book on Internet studies. Tracing the pervasive influence of 'digital culture' throughout contemporary life, this text integrates socio-economic understandings of the 'information society' with the cultural studies approach to production, use, and consumption of digital media and multimedia. Refreshingly readable and packed with examples from profiling databases and mashups to cybersex and the truth about social networking, Understanding Digital Culture: Crosses disciplines to give a balanced account of the social, economic and cultural dimensions of the information society. Illuminates the increasing importance of mobile, wireless and converged media technologies in everyday life. Unpacks how the information society is transforming and challenging traditional notions of crime, resistance, war and protest, community, intimacy and belonging. Charts the changing cultural forms associated with new media and its consumption, including music, gaming, microblogging and online identity. Illustrates the above through a series of contemporary, in-depth case studies of digital culture. This is the perfect text for students looking for a full account of the information society, virtual cultures, sociology of the Internet and new media.

Technology and the Law on the Use of Force

New Security Challenges in the Twenty-First Century
Author: Jackson Maogoto
Publisher: Routledge
ISBN: 1134445644
Category: Law
Page: 130
View: 2218
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As governmental and non-governmental operations become progressively supported by vast automated systems and electronic data flows, attacks of government information infrastructure, operations and processes pose a serious threat to economic and military interests. In 2007 Estonia suffered a month long cyber assault to its digital infrastructure, described in cyberspace as ‘Web War I’. In 2010, a worm—Stuxnet—was identified as supervisory control and data acquisition systems at Iran’s uranium enrichment plant, presumably in an attempt to set back Iran’s nuclear programme. The dependence upon telecommunications and information infrastructures puts at risk Critical National Infrastructure, and is now at the core of national security interests. This book takes a detailed look at these new theatres of war and considers their relation to international law on the use of force. Except in cases of self-defence or with the authorisation of a Security Council Resolution, the use of force is prohibited under the UN charter and customary international law. However, the law of jus ad bellum was developed in a pre-digital era where current technological capabilities could not be conceived. Jackson Maogoto asks whether the law on the use of force is able to deal with legal disputes likely to arise from modern warfare. Key queries include how one defines an armed attack in an age of anti-satellite weaponry, whether the destruction of a State’s vital digital eco-system or the "blinding" of military communication satellites constitutes a threat, and how one delimits the threshold that would enliven the right of self-defence or retaliatory action. The book argues that while technology has leapt ahead, the legal framework has failed to adapt, rendering States unable to legally defend themselves effectively. The book will be of great interest and use to researchers and students of international law, the law of armed conflict, Information Technology and the law, and counter-terrorism.

Structured Negotiations


Author: Lainey Feingold
Publisher: N.A
ISBN: 9781634255448
Category:
Page: 227
View: 5426
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The Oxford Handbook of Law, Regulation and Technology


Author: Roger Brownsword,Eloise Scotford,Karen Yeung
Publisher: Oxford University Press
ISBN: 0191502235
Category: Law
Page: 1216
View: 7790
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The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation. This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.

The Internet and Constitutional Law

The protection of fundamental rights and constitutional adjudication in Europe
Author: Oreste Pollicino,Graziella Romeo
Publisher: Routledge
ISBN: 1317407997
Category: Law
Page: 264
View: 6514
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This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.