Pandemic II: Justice system down — from law21.ca by Jordan Furlong

Excerpt:

We need to recognize a couple of things about our justice system, in order to fully appreciate the fate that awaits it in the COVID-19 era and the tasks that now lie in front of us.

The first is that the system has nowhere near the capacity or resilience required to handle an emergency of this magnitude. Like our hospitals, which are about to be overrun with virus patients, our courts are perpetually underfundedtechnologically handicapped, and already overloaded.

Case backlogs are common, hearings are routinely adjourned, and even straightforward cases stretch out over months and years. There is an entire body of constitutional law that addresses how long you can delay a person’s trial before their rights are violated, and it should tell us something that we don’t even find that remarkable anymore.

What this crisis has revealed is the central operating assumption of our justice institutions, which has now become our stumbling block: Everybody comes to the courthouse.

Richard Susskind has made many insightful observations over the course of his career, but I suspect one will outlast all the others: “We have to decide if court is a place or a service.” For hundreds of years — right up until last month, in fact — court has been a place. By the time this pandemic has truly run its course, court will be a service.

 

 

Excerpt:

5. Telemedicine
Have you received the emails from your healthcare professionals that they are open for telemedicine or virtual consultations? To curb traffic at hospitals and other healthcare practitioners’ offices, many are implementing or reminding their patients that consultations can be done through video. Rather than rush to the doctor or healthcare center, remote care enables clinical services without an in-person visit. Some healthcare providers had dabbled in this before COVID-19, but the interest has increased now that social distancing is mandated in many areas.

 

Trial by video conference? Not yet, but coronavirus forces Bay Area courts to embrace more virtual proceedings — from sfchronicle.com by Bob Egelko

Trial by court? Almost there.

Also see:

8 technologies you should be using in your depositions and trials in 2020 — from jdsupra.com
From virtual proceedings and paperless depositions to real-time technologies and mobile capabilities, technology has become an integral part of practicing law today.

Excerpt:

As legal technology continues to advance and evolve, trials and depositions bear little resemblance to the paper-centric proceedings they used to be in decades past. The days when litigation meant being buried in boxes and boxes of documents and exhibits are long gone.

From virtual proceedings and paperless depositions to real-time technologies and mobile capabilities, technology has become an integral part of practicing law today. If you want to get the most out of your next deposition or trial, you need to be familiar with the top technologies that are changing the game in 2020.

 

FCC enacts $200M telehealth initiative to ease COVID-19 burden on hospitals — from techcrunch.com by Devin Coldewey

Excerpt:

The FCC has developed and approved a $200 million program to fund telehealth services and devices for medical providers, just a week or so after the funding was announced. Hospitals and other health centers will be able to apply for up to $1 million to cover the cost of new devices, services and personnel.

The unprecedented $2 trillion CARES Act includes heavy spending on all kinds of things, from direct payments to out-of-work citizens to bailouts for airlines and other big businesses. Among the many, many funding items was a $200 million earmarked for the FCC with which it was instructed to improve and subsidize telehealth services around the country.

 


Also see:

#telehealth#telemedicine#telelegal

 


 

Law by Design — a book by Margaret HaganLaw by Design -- a book by Margaret Hagan

Excerpt:

Why combine law with design? Even if these two fields have traditionally not intersected, I see three main points of value in bringing them together.

  1. Experimental Culture: To be more forward-thinking in how we as legal professionals generate solutions for problems in the legal sector;
  2. User Centered Innovation: To put greater focus on the client and the lay person who has to use legal systems, to deliver them better services tailored their function and their experiential needs;
  3. New Paths for Legal Work & Serving Justice: To build a new set of professional paths and opportunities for people who want to work in law — and especially those who see that traditional ways of being law students and lawyers do not enable them to make the positive changes in society that originally drove them into law.

Also see:

Design and the law with Margaret Hagan -- a podcast out at the Legal Talk Network

 

From DSC:
Given the attached graphic…what do you suppose, how might this type of thing impact #telelegal (i.e., akin to what’s currently building with #telemedicine for the healthcare industry)? 

If things blow over in 3 weeks, not much will likely change within the legal realm. But if the impacts from the Coronavirus  go on for 6 months or more (like we still have with tighter airport security resulting from what occurred on 9/11/2001), I’d say we’ll see more lawyers strike out on their own and/or join firms that support telelegal. Or, we’ll see fewer people go into law…which is NOT what our society needs given our current Access to Justice (#A2J) crisis involving civil law cases.

Another possibility could be an explosive growth in legaltech / cloud-based apps for providing legal services.

Regardless…this is what a wave looks like when it starts to build. Firms, individual lawyers, and even law schools can ride it or be crushed by it.

 


Addendum on 4/1 and this is NOT an April Fool’s joke:


 

My thanks to a friend for causing me to further reflect on this article: “Can computers ever replace the classroom?” [Beard]


From DSC:
I’d like to thank Mr. Eric Osterberg — a fraternity brother and friend of mine — for sending me the following article. I wrote back to him. After thanking Eric for the article, I said:

Such an article makes me reflect on things — which is always a good thing for me to try to see my blindspots and/or to think about the good and bad of things. Technologies are becoming more powerful and integrated into our lives — for better at times and for worse at other times.

I’m wondering how the legal realm can assist and/or help create a positive future for societies throughout the globe…any thoughts?


Can computers ever replace the classroom? — from theguardian.com by Alex Beard
With 850 million children worldwide shut out of schools, tech evangelists claim now is the time for AI education. But as the technology’s power grows, so too do the dangers that come with it. 

Excerpts:

But it’s in China, where President Xi Jinping has called for the nation to lead the world in AI innovation by 2030, that the fastest progress is being made. In 2018 alone, Li told me, 60 new AI companies entered China’s private education market. Squirrel AI is part of this new generation of education start-ups. The company has already enrolled 2 million student users, opened 2,600 learning centres in 700 cities across China, and raised $150m from investors.

The supposed AI education revolution is not here yet, and it is likely that the majority of projects will collapse under the weight of their own hype.

The point, in short, is that AI doesn’t have to match the general intelligence of humans to be useful – or indeed powerful. This is both the promise of AI, and the danger it poses.

It was a reminder that Squirrel AI’s platform, like those of its competitors worldwide, doesn’t have to be better than the best human teachers – to improve people’s lives, it just needs to be good enough, at the right price, to supplement what we’ve got. The problem is that it is hard to see technology companies stopping there. For better and worse, their ambitions are bigger. “We could make a lot of geniuses,” Li told me.

 

From DSC:
Normally I don’t advertise or “plug” where I work, but as our society is in serious need of increasing Access to Justice (#A2J) & promoting diversity w/in the legal realm, I need to post this video.

 
 

Voice Assistants in Pre and Post-Operative Care and the Duty to Warn Patients of Remote Risks – A Legal Discussion— from by Eric Hal Schwartz

Excerpt:

A potential risk of surgery is so remote that it is rarely seen in practice, and only appears in archaic medical literature, does the voice assistant need to advise of that risk?

 

Future Today Institute's 2020 tech trends report

Key takeaways of this report:

  • Welcome to the Synthetic Decade.
  • You’ll soon have augmented hearing and sight.
  • A.I.-as-a-Service and Data-as-a-Service will reshape business.
  • China has created a new world order.
  • Home and office automation is nearing the mainstream.
  • Everyone alive today is being scored.
  • We’ve traded FOMO for abject fear.
  • It’s the end of forgetting.
  • Our new trust economy is being formed.

 

 

US falls out of top 20 in Rule of Law Index, while global declines continue — from abajournal.com by Debra Cassens Weiss

Excerpt:

For the first time, the United States fell out of the top 20 countries for adherence to the rule of law in an index compiled by the World Justice Project.

The United States dropped to No. 21 in the index, while Spain moved in to the top 20, according to press releases here and here and a summary here. The index is based on national surveys of more than 130,000 households and 4,000 legal practitioners and experts around the world.

 

Georgetown Law announces two new degrees, including nation’s first “Master of Law and Technology” Program for non-lawyers — from law.georgetown.edu
Classes will start fall 2020 for new program designed to equip technologists, Hill staff, civil society advocates and other professionals with a foundation in technology law and policy

From DSC:
The legal realm will likely need to get rid of that phrase — “non-lawyers.”

 

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