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    Amicus Curiae Special Issue–Call for Proposals

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    From Rope to River: Symbolic Executions, Colonial Dynamics and Trade Governance in the Golden Age of Piracy

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    This article explores the symbolic aspects of the execution of Captain William Kidd during the Golden Age of Piracy, focusing on the visual messages conveyed. Examining the social-cultural milieu of the gallows in England circa 1700, it reveals the unique aspects of Kidd’s execution and its implications for colonial dynamics and trade governance. By delving into the intended audiences and multifaceted messages behind these executions, the article sheds light on the intertwined dynamics of piracy, colonialism, and trade governance and their impact on the evolving global order. Keywords: law of piracy; Captain William Kidd; early eighteenth century; public executions; Admiralty Sessions; gibbeting

    News and Events

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    Augmented Legal Services: Enhancing the Provision of Legal Services by Use of Legaltech

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    This article considers the opportunities of LegalTech in law firms. It assesses the long-term benefits of a commoditization of legal services and the progress that the industry has made in achieving this. It will become clear that the sector is still operating traditionally, mostly ignoring technological advancements. Thus, there ought to be an analysis of what is holding back the sector and individual firms. The focal points of this analysis will be connected systems, LegalTech providers and the risks of stasis. Finally, heed will be paid to the potential incentives which might assist in the greater adoption of LegalTech. Keywords: LegalTech; law in practice; access to justice; legal services; augmentation

    Dickens and the Law

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    Putting the Artificial Intelligence in Alternative Dispute Resolution: How AI Rules Will Become ADR Rules

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    This article argues that the evolving regulatory and governance environment for artificial intelligence (AI) will significantly impact alternative dispute resolution (ADR). Very recently, AI regulation has emerged as a pressing international policy issue, with jurisdictions engaging in a sort of regulatory arms race. In the same way that existing ADR regulations impact the use of AI in ADR, so too will new AI regulations impact ADR, among other reasons, because ADR is already utilizing AI and will increasingly utilize AI in the future. Appropriate AI regulations should thus benefit ADR, as the regulatory approaches in both fields share many of the same goals and values, such as promoting trustworthiness. Keywords: artificial intelligence; online dispute resolution; alternative dispute resolution; regulation; governance; trustworthiness; transparency; fairness; diversity; explainability

    More Speed, Less Haste: Finding an Approach to AI Regulation that Works for the UK

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    Artificial intelligence (AI) regulation is in vogue, with proposals around the world to regulate AI as an activity separate to other types of data processing. This article argues that this approach is problematic, given the difficulties in defining AI. It notes that the more laissez-faire approach of the United Kingdom (UK) risks subsequent hasty legislation being introduced when innovative applications of AI cause moral panic. The article proposes a way forward, utilizing the UK’s existing data protection framework to accelerate the shift to meaningful regulation. This approach leverages the substantial overlap between data protection regulation and the risks of AI and enables greater regulatory certainty and effectiveness by expanding the scope and powers of an existing regulator—the Information Commissioner’s Office—rather than creating something from scratch. Doing so mitigates the challenges of defining AI by focusing instead on the risks presented to individuals, organizations and society by all automated decision-making. Finally, the article notes that the speed of change in this area will require ongoing agility from all the bodies involved in digital regulation in the UK and outlines the potential for the Digital Regulation Cooperation Forum to support its member regulators. Keywords: artificial intelligence; data protection; innovation; technology

    Involving LLMs in legal processes is risky: An invited paper

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    The availability of large language models (LLM), a form of AI correspondence agent, on the Internet raises questions about their possible use in legal processes. For they seem often to introduce into their output arbitrary assertions which are untrue. This is ‘new’ behaviour (a Google search, for example, returns correct information on a semantically similar query). I give examples in which use of an LLM is both tempting and could subvert a legal process.  Index words: large language model; LLM; artificial intelligence; AI; ChatGPT; law; legal processes; lying; r-lying&nbsp

    Book Reports

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    Industry Contribution: Digital signature as a method to strengthen enterprise risk management practices across the US government

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    US government agencies employ a variety of techniques to manage risk, but often struggle with maintaining appropriate documentation about their risk-based decision-making processes. Many of the most important decisions made in government agencies are done through manual and paper-based processes that complicate the way decisions are documented, stored, and reported on, and inadvertently add risk to the enterprise. This is where workflow-driven digital signatures can add value, by helping to streamline and automate the way that decisions are documented for transparency and accountability purposes.  Index words: United States of America; government agencies; risk; management; digital signatures&nbsp

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