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Digital Inequalities and Access to Justice: Dialing into Zoom Court Unrepresented
No full textNew digital technologies, from AI-fired \u27legal tech\u27 tools to virtual proceedings, are transforming the legal system. But much of the debate surrounding legal tech has zoomed out to a nebulous future of \u27robo-judges\u27 and \u27robo-lawyers.\u27 This volume is an antidote. Zeroing in on the near- to medium-term, it provides a concrete, empirically minded synthesis of the impact of new digital technologies on litigation and access to justice. How far and fast can legal tech advance given regulatory, organizational, and technological constraints? How will new technologies affect lawyers and litigants, and how should procedural rules adapt? How can technology expand – or curtail – access to justice? And how must judicial administration change to promote healthy technological development and open courthouse doors for all? By engaging these essential questions, this volume helps to map the opportunities and the perils of a rapidly digitizing legal system – and provides grounded advice for a sensible path forward. This book is available as Open Access on Cambridge Core.
Includes the chapter Digital Inequalities and Access to Justice: Dialing into Zoom Court Unrepresented by Maurer Professor Victor D. Quintanilla with Kurt Hugenberg, Margaret Hagan, Amy Gonzales, Ryan Hutchings, and Nedim Yel.https://www.repository.law.indiana.edu/facbooks/1330/thumbnail.jp
Accessing Justice with Zoom: Experiences and Outcomes in Online Civil Courts
Get PDFThe global COVID-19 pandemic brought significant change to our civil justice system, particularly in the rapid shift from in-person to remote court proceedings. Courts across the country, facing the unprecedented challenge of a global health emergency, embraced rapid innovation and the adoption of remote proceeding platforms, such as Zoom and Webex. State courts did so across case types, including within high-volume civil dockets containing evictions, debt collections, small claims, and family law cases, where millions of self-represented and unrepresented litigants encounter the U.S. civil justice system each year. Amid the pandemic, voices converged to encourage these justice innovations, including the voices of Supreme Court justices, state court administrators, and access to justice reformers who reimagined judicial administration with these new technologies. Concurrently, given this rapid national experiment, challenges ensued, complicated by inexperience with these platforms prior to the pandemic and vexing digital divides.
This report enters the national conversation at an especially crucial time: state supreme courts and court administrators are actively deliberating on what the new normal will entail post-pandemic
Encouraging Public Access to Pharmaceuticals Through Modified Protection of Clinical Trial Data
Get PDFPart I of this Article investigates the development of pharmaceuticals and clinical trial data with a focus on patent and data protection. Part II evaluates the effects of protection and the challenges it poses to widespread public pharmaceutical access. Part III discusses two scholarly approaches to the public access issue that focus on clinical data protection and their associated challenges. In light of these scholarly works, Part IV suggests a new approach to clinical trial data protection that aims to improve public pharmaceutical access while maintaining the incentives to invent for drug developers
Stakeholderism Silo Busting
Get PDFThe fields of antitrust, bankruptcy, corporate, and securities law are undergoing tumultuous debates. On one side in each field is the dominant view that each field should focus exclusively on a specific constituency—antitrust on consumers, bankruptcy on creditors, corporate law on shareholders, and securities regulation on financial investors. On the other side is a growing insurgency that seeks to broaden the focus to a larger set of stakeholders, including workers, the environment, and political communities. But these conversations have largely proceeded in parallel, with each debate unfolding within the framework and literature of a single field. Studying these debates together reveals deep commonalities and unlocks useful insights. It can also suggest new theoretical and policy directions while avoiding the dangers of a blinkered approach
Introduction: The Risk of Digitalization: Transforming Government into a Digital Leviathan
No full textThis paper provides an overview of the threats posed by digitalization, particularly with regard to the public sector. It starts by describing digital risks as true global risks and argues that their scope and severity have not been recognized until now. The most well-known challenges come from the transformation of the private sector (economy, society, and individuals) and the emergence of large private powers that dominate the digital environment (digital feudal lord). However, there are even greater challenges coming from the digitization of government, creating almighty public bodies detached from laws that kept them locked until now
Climate Security Insights from the COVID-19 Response
Get PDFThe climate change crisis and COVID-19 crisis are both complex collective action problems. Neither the coronavirus nor greenhouse gas (GHG) emissions respect political borders. Both impose an opportunity cost that penalizes inaction. They are also increasingly understood as nontraditional, novel security threats. Indeed, COVID-19’s human cost is staggering, with American lives lost vastly exceeding those lost in recent armed conflicts. And climate change is both a threat accelerant and a catalyst for conflict—a characterization reinforced in several climate-security reports. To counter COVID-19, the President embraced martial language, stating that he will employ a “wartime footing” to “defeat the virus.” Perhaps not surprisingly, the military has played a critical role in the government’s pandemic response. The National Guard has staffed hospitals, vaccination sites, and schools. As our pandemic response continues, what insights are emerging that will inform our climate response? This Article identifies and analyzes several, focusing on the relationship between health security and climate security. These insights— particularly the U.S. domestic military response and how we conceptualize “security”—have normative implications for climate governance and disaster response