The Rapid Embrace of Legal Design and the Use of Co-Design to Avoid Enshrining Systemic Bias

Design Issues ◽  
2020 ◽  
Vol 36 (3) ◽  
pp. 16-30
Author(s):  
Dan Jackson ◽  
Miso Kim ◽  
Jules Rochielle Sievert
Keyword(s):  
Digital Technology ◽  
Legal Profession ◽  
Design Methods ◽  
Collaborative Effort ◽  
Legal Systems ◽  
Civil Justice ◽  
Product Lines ◽  
Civil Court ◽  
Legal Technology ◽  
The U.S

After decades of delay, the U.S. legal profession is finally embracing digital technology in the delivery of civil justice. Much more rapidly, design methods are being embraced by legal institutions as a means reforming everything from commercial legal product lines to civil court forms. What explains the rapid embrace of legal design when digital legal technology took decades to break through? We think that a deliberately human-centered approach to law helps explain the sudden advantageousness of legal design. But what must be done about the bias and inequity that is embedded within the legal systems we seek to redesign, and within the legal design movement itself? We propose that a radical iterative and collaborative effort that is deliberately structured to address systemic bias has the strongest potential to deliver on the promise of both design and justice.

Foreign Relations Law

2019 ◽  
pp. 43-61
Author(s):  
Karen Knop
Keyword(s):  
United States ◽  
International Law ◽  
Foreign Relations ◽  
Comparative Law ◽  
The United States ◽  
Legal Systems ◽  
The U.S

The two starting points for this chapter are that fields of law are inventions, and that fields matter as analytical frames. All legal systems deal with foreign relations issues, but few have a field of “foreign relations law.” As the best-stocked cabinet of issues and ideas, U.S. foreign relations law would be likely to generate the field elsewhere in the process of comparison. But some scholars, particularly outside the United States, see the nationalist or sovereigntist strains of the U.S. field, and perhaps even just its use as a template, as demoting international law. The chapter begins by asking whether this apprehension can be alleviated by using international law or an existing comparative law field to inventory the foreign relations issues to be compared. Finding neither sufficient, it turns to the U.S. field as an initial frame and sketches three types of anxieties that the U.S. experience has raised or might raise for international law. The chapter concludes by suggesting how Campbell McLachlan’s allocative conception of foreign relations law might be adapted so as to turn such anxieties about international law into opportunities.

Innovation and Disruption: Exploring the Potential of Clinical Legal Education

2020 ◽  
Vol 27 (3) ◽  
pp. 5-32
Author(s):  
Mary Anne Noone
Keyword(s):  
Digital Technology ◽  
Legal Education ◽  
Legal Profession ◽  
Law School ◽  
Access To Justice ◽  
Law Schools ◽  
Government Decision ◽  
Growing Body ◽  
Clinical Program ◽  
Real Challenge

It’s a great privilege to deliver this year’s Susan Campbell Oration. I, like many others, had the pleasure of working with Sue on a range of activities. In 2007, Sue conducted a review of the La Trobe Law School Clinical program which was instrumental in helping ensure the program remained an integral aspect of the La Trobe University law course. I hope what I have to say honours Sue’s memory and her contributions to legal education and clinical legal education in particular2.  My focus in this presentation is on how Australian clinical legal education responds to the various innovations and disruptions occurring in the legal arena. The scope and breadth of innovations is mindboggling. There are many predictions about what the future holds for the legal profession, from gloom and doom to utopia, and there is a growing body of literature discussing the implications for the legal profession and legal education. In reality, it is impossible to envisage what the legal world will look like in ten years let alone thirty and that poses a real challenge for those involved in legal education, including clinical legal education. How best to prepare today’s students for the unknown future?  Given that I have no expertise in digital technology and am certainly not a futurologist my comments relate to those areas about which I have some background: access to justice, social security and clinical legal education.  I briefly outline the variety and scope of innovations occurring in the legal world, discuss two related aspects namely access to justice and government decision making, using the example of Robodebt, and then examine the potential for clinical legal education in these disruptive times. I argue that clinical legal education is well placed to take a more central role in Australian law schools and the training of 21st century legal workers. 

scholarly journals Review of Eli Clare, Brilliant Imperfection: Grappling with Cure (2017)

2019 ◽  
Vol 8 (3) ◽  
pp. 160-164
Author(s):  
Viki Peer
Keyword(s):  
Legal Systems ◽  
The U.S

Brilliant Imperfection continues the discussion of how the violent and repressive medical and legal systems in the U.S. produce pain and shame.

scholarly journals Experimental work of forming professional foreign language competence of law students

2021 ◽  
Vol 9 (SPE1) ◽  
Author(s):  
Demchenko Dina ◽  
Oleg Shynkarov ◽  
Liliia Zaichenko
Keyword(s):  
Foreign Language ◽  
Experimental Work ◽  
Professional Training ◽  
Legal Profession ◽  
Law Students ◽  
Legal Systems ◽  
Language Competence ◽  
Foreign Countries ◽  
International Activities

The effectiveness of the system of professional training of future specialists is mostly defined by how consistently it is taken into account. Both students and professors understand the dependence of success of legal activity on the level of formed professional foreign language competence. Professional foreign language competence of future representative of legal profession, prioritize knowledge of foreign professional terminology, knowledge of legal systems of foreign countries. In addition to knowledge, students and professors noted the importance of applying this knowledge in practical international activities to achieve the success in formation of foreign language competence of future lawyers.

scholarly journals CLASSIFICATION OF THE MODELS OF BAR ASSOCIATION

2017 ◽  
Vol 13 (1-2) ◽  
pp. 87-92
Author(s):  
Valery F Anisimov ◽  
Elena N Kudrina
Keyword(s):  
Legal Profession ◽  
Legal Regulation ◽  
Professional Organizations ◽  
Legal Systems ◽  
Legal Professional ◽  
Bar Association ◽  
Degree Of Differentiation

This article gives a science-based classification of the models of lawyer self-government in national legal systems, depending on the number of legal professional organizations, legal regulation of the organisational and functional bases of self-regulating Bar associations, as well as functioning of government and degree of differentiation of powers between a legal profession and government.

The Legal Profession

2018 ◽  
Author(s):  
Simon Butt ◽  
Tim Lindsey
Keyword(s):  
Legal System ◽  
Code Of Conduct ◽  
Legal Profession ◽  
Legal Services ◽  
Legal Systems ◽  
Legal Aid ◽  
Legal Professional

This chapter covers the various types of legal professional who operate within the Indonesian legal system, performing different functions. ‘Advocates’ are perhaps the most important, providing legal services, both inside and outside court. They have various rights and obligations and are subject to a code of conduct, discussed in this chapter. However, the profession is deeply divided, with two main bar associations fighting for pre-eminence. Also vital to the operation of Indonesia’s legal systems are notaries, who formalize important documents, and land conveyance officials, who draw up conveyancing documents. This chapter also discusses paralegals and the legal aid movement, as well as the restrictions and conditions placed on non-Indonesian lawyers operating in Indonesia.

Which Kind of Discretion in Constitutional Adjudication? A Discussion of Mher Arshakyan's The Impact of Legal Systems on Constitutional Interpretation: A Comparative Analysis: The U.S. Supreme Court and the German Federal Constitutional Court

2013 ◽  
Vol 14 (8) ◽  
pp. 1337-1344
Author(s):  
Federico José Arena
Keyword(s):  
Comparative Analysis ◽  
Supreme Court ◽  
Constitutional Court ◽  
Constitutional Interpretation ◽  
Legal Systems ◽  
Federal Constitutional ◽  
The Impact ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional ◽  
The U.S

In his paper The Impact of Legal Systems on Constitutional Interpretation: A Comparative Analysis: The U.S. Supreme Court and the German Federal Constitutional Court, Arshakyan carries out an interesting and detailed comparison between American and German constitutional courts by individualizing the properties shared by both courts and identifying the differences.

Digital Convergence and IP Divergence

2011 ◽  
pp. 174-194
Author(s):  
Y. Tian
Keyword(s):  
Social Development ◽  
Legal System ◽  
Digital Technology ◽  
Digital Age ◽  
The Internet ◽  
Copyright Policy ◽  
Digital Convergence ◽  
Trade Wars ◽  
Trade Conflicts ◽  
The U.S

This chapter proposes a legal, political, and social framework for a nation to formulate proper copyright policy and minimize the risk of potential IP trade conflicts in the digital age. It examines the challenges that the Internet and digital technology present to the traditional copyright legal system. It reviews and compares the copyright history in the U.S. and China, and explores major rationales behind copyright policies of these two countries as well as the main reasons why they were able to avert potential IP trade wars in recent years. By drawing on their experiences, the author argues that the interest of a country is only best served by tailoring its IP regimes to its particular economic and social circumstances. The author believes a nation’s copyright policy should always strike a sound balance of IP protection and social development, and makes some specific suggestions on how to achieve this in the digital age.

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