Utilising AI in the legal assistance sector—Testing a role for legal information institutes

The use of artificial intelligence (AI) in law has again become of great interest to lawyers and government. Legal Information Institutes (LIIs) have played a significant role in the provision of legal information via the web. The concept of ‘free access to law’ is not static, and the evolution of its principles now requires a response from providers of free access to legal information (‘a LII response’) to this renewed prominence of AI. This should include improving and expanding free access to legal advice. This paper proposes, and proposes to test, one approach that LIIs might take in the use of AI (specifically, ‘decision support’ or ‘intelligent assistance’ (IA) technologies), an approach that leverages the very large legal information assets that some LIIs have built over the past two decades. This approach focuses on how LIIs can assist providers of free legal advice (the ‘legal assistance sector’) to serve their clients. We consider the constraints that the requirement of ‘free’ imposes (on both the legal assistance sector and on LIIs), including on what types of free legal advice systems are sustainable, and what roles LIIs may realistically play in the development of such a ‘commons of free legal advice’. We suggest guidelines for development of such systems. The AI-related services and tools that the Australasian Legal Information Institute (AustLII) is providing (the ‘DataLex’ platform), and how they could be used to achieve these goals, are outlined.     

Plus ça change: health sector reforms in Greece

Changes in the health care sector in Greece since the pathbreaking introduction of the National Health System (NHS) in 1983 have been sluggish. Twenty years after its inception and a series of attempts to reform it, the NHS remains centralized, fragmented in terms of coverage, and quite far removed from its principles of equity and efficiency. Being part of an idiosyncratic welfare state, the health care system is bound to reflect the particularities of Greek society and economy, namely, clientelism, a weak formal-and a thriving informal-economy, the lack of a strong administrative class, a weak labor movement, and strong organized interests. As a result, several ambitious reform plans have failed repeatedly owing to an array of interrelated economic, political, and social factors that channel potential changes toward the trodden path. This constellation creates unfavorable conditions for the introduction and implementation of major reforms.     

Witnesses in the special court for Sierra Leone: The importance of the witness–lawyer relationship

This study is concerned with the relationship between witnesses testifying in the Special Court for Sierra Leone and their legal teams. Other research conducted with witnesses in international war crimes tribunals suggests that this relationship has a significant impact on the experience of such witnesses. A structured interview was administered to 171 witnesses who had testified in the Special Court for Sierra Leone. Witnesses generally felt their lawyers' attitude towards them was extremely good. Emotional support and good preparation for testifying seem to be particularly important predictors of witnesses' relationship with their lawyers, as does the level of respect they felt they received from court staff. However, communication between witnesses and their legal teams after the testimony is over did not have a significant impact on witnesses' evaluations of their lawyers' attitude towards them.     

Banking in the cloud: Part 3 – contractual issues

This paper looks at EU banks' use of public cloud computing services. It is based primarily on anonymised interviews with banks, cloud providers, advisers, and financial services regulators. The findings are presented in three parts. Part 1 of this paper explored the extent to which banks operating in the EU, including global banks, use public cloud computing services. Part 2 of this paper covered the main legal and regulatory issues that may affect banks' use of cloud services.Part 3 looks at the key contractual issues that arise in negotiations between banks and cloud service providers, including data protection requirements, complexities caused by the layering of cloud services, termination, service changes, and liability. It also presents the overall conclusion derived from the studies conducted, as set out in the three parts of the paper.All three parts of the paper can be accessed via Computer Law and Security Review's page on ScienceDirect at: http://www.sciencedirect.com/science/journal/02673649?sdc=2. The full list of sources is available via the same link and will be printed at the end of this part of the article.     

Transitions in women's and children's work patterns and implications for the study of family income and household structure: A case study from the Catalan textile sector (1850–1925)

This article deals with the outcomes of changes in the family labor resource allocation for family incomes and household structures. During the first stage of the demographic transition, since women worked more than men due to child bearing and child rearing, and children were the main contributors to household incomes over the medium term, there was a substitution effect whereby women 's wage labor was replaced by that of the children. With the beginning of the second industrial revolution, a contrary trend can be observed whereby child labor was replaced by that of married women, even by those reported as housewives in the Municipal Census. A smaller number of children, mandatory schooling, and an improvement of women 's position within the factory with respect to men, all seem to explain this second substitution. As a result of all these transformations, household structures and family incomes do not conform to any pre-established norms and integrate what we have defined as a family economy of mutual assistance.     

Mapping the effects of Brexit on legal education in Wales: proposals for addressing students’ concerns

ABSTRACT

Whilst the future for UK–EU relations remains to be realised, Brexit will have consequences for legal education. However, to date, neither the UK nor Welsh Governments have sufficiently addressed what those consequences will be for higher education. This paper, which documents the results of 336 student questionnaires received from law students surveyed from every law school in Wales, evidences that learners have already started to decide what they believe Brexit means for them. Amongst the numerous challenges for Welsh law schools is the opinion of current students that Brexit makes Wales a less attractive place for overseas students and lecturers, both EU and other internationals, to study and work. Meanwhile UK students studying in Wales are questioning the relevance of EU law modules, and are viewing aspirational careers within EU institutions as now being “closed doors”. By drawing upon our findings, as well as comparisons with other EU Member States, this paper proposes six areas where urgent collaboration between governments and universities is needed. Failing to address the concerns identified by this research has the potential to further threaten the internationalised education model that UK students benefit from by studying law at Welsh universities.     

Re-appraising the rules for the taxation of income of companies engaged in ‘not-for-profit’ activities in Nigeria

The rules in s 23(1)(c) of Nigeria’s Companies Income Tax Act on the exemption of income of ‘charities’ from tax appear difficult to formulate with precision, and for which reason their application has been challenging. This article contends that s 23(1)(c) is indifferently drafted, that neither of the decisions in which this provision has been applied nor the explanatory circular issued by the revenue authority aids the understanding of the law on this point, and that urgent law reform is needed in this area of the law – and in charity law in general – in Nigeria.     

Will pay for performance be worth the price to medical providers? A look at pay for performance and its legal implications for providers

This article explores the legal implications of pay for performance programs from the perspective of healthcare providers. The author provides an informative background on the emergence of pay for performance programs and examines the structure and operation of these programs. She then explores the liability issues of health plans and managed care organizations and delves into evidentiary issues related to pay for performance information. Her article concludes with some practical suggestions for providers in preparing for an expansion of these quality initiatives.     

‘Shut up and bill’: workplace bullying challenges for the legal profession

Competition, work intensification and requirements for efficiency are some of the hallmarks of the modern work environment. Pressures in such settings can result in stress caused by long work hours, a lack of work–life balance and interpersonal conflict. The legal profession is prone to negative impacts due to its highly competitive environment. This, coupled with established hierarchical structures, significant power imbalances and pressure to measure work input rather than output (billable hours), can create ‘toxic’ settings. This paper reports the findings of a study of dignity and respect in the legal profession. Results indicate that many of the issues arise due to negative workplace cultures brought about and perpetuated by work practices and the leadership of the firm. Often the prevailing culture of intense competition, and a win-at-all-costs mentality, has negative repercussions for the security and standing of individuals. Those with position and power use work practices such as billable hours to push others to perform at extraordinary levels, in turn adversely affecting their well-being, quality of work life and tenure in the organisation or profession. The way forward would require a multi-pronged approach and cooperation and collaboration by the relevant stakeholders: regulators, professional associations, institutions and individuals.     

Banking on reform in 2010: is regulatory change ever enough and will the general election hold the answers for the financial services industry?

Over the past three years the financial service industry within the United Kingdom has undergone a major crisis. No part of the industry has gone untouched and even the regulators and the Government have come under fire for their part in promulgating the financial crisis, along with the financial service providers themselves. What has developed has been a plethora of policy documents issued and this has culminated in four major new legal updates for the financial services industry occurring during just one year. The Banking Act 2009, the Turner Review, the Walker Review, the White Paper on Reforming Financial Services and the Financial Services Bill 2009 have all increased the burden on financial services firms in light of the financial crisis sweeping not only the UK but the globe. This paper provides an oversight of these four important papers and pieces of legislation so as to shed light on what the new requirements for financial services firms are. Given the fast pace of the financial crisis, its respective regulation is also just as quick and as such it has been hard for practitioners and academics alike to keep pace with the evolving saga of the crisis. This paper therefore provides an overview of what happened and how the regulation has responded to the challenges it now faces.     

Procedural justice and the judge–probationer relationship in a co-occurring disorders court

Although a considerable amount of research has been conducted on treatment-based courts, there is little quantitative evidence that describes the relationship between the judge and the probationer. The present study examines perceptions of the judge–probationer relationship (JPR), procedural justice, and outcome satisfaction within a co-occurring disorders court (CODC) in Orange County, California. Based on interview and survey data from a sample of probationers within the CODC (n = 24), this article argues that perceptions of procedural justice are linked to perceptions of relationship quality between the judge and probationer. Analysis of the data found that probationers in the CODC have very positive views of their relationships with the judge, and elements of relationship quality are significantly linked with perceptions of procedural justice. Procedural justice is also a predictor of satisfaction with outcome in this sample. The results show promise that procedural justice and the quality of the judge–probationer relationship can positively affect probationers with co-occurring disorders in specialty courts.     

Gender differences in lethal violence: Historical trends in the relationship between homicide and suicide rates, 1960–2000

This study examines historical trends in the relationship between homicide and suicide rates and considers the extent to which gender differences exist in that relationship. From the perspective of the integrated homicide-suicide theory, gender differences in the homicidesuicide relationship stem from differences in the manner in which males and females attribute blame and responsibility for negative life events. Consistent with expectations, the data indicate that females engage in less homicide but in more suicide than males. Seemingly unrelated regression techniques were used to further examine gender differences in the relationship between homicide and suicide rates by analyzing U.S. data for 1960 through 2000. The results indicate more gender similarities than differences in that temporal trends in the production and direction of lethal violence for both males and females tend to be associated with similar social and economic factors.     

Whom do physicians work for? An analysis of dual practice in the health sector

This article presents a thorough analysis of dual practice among physicians who work in both the public and private sectors. A conceptual framework is presented to help the reader understand dual practice and the contexts where it takes place. The article reviews the existing theoretical and empirical literature on this form of dual practice among physicians. It analyzes the extent of this phenomenon, the underlying factors that motivate physicians to engage in dual practice, and the main implications of their decision to do so. It also examines and discusses current policies that address dual practice. In this regard, the article provides some qualified support for the use of "rewarding" policies to retain physicians in the public sectors of more developed countries, while "limiting" policies are recommended for developing countries - with the caveat that the policies should be accompanied by the strengthening of institutional and contracting environments. The article highlights the lack of quality evaluative evidence regarding the consequences of dual practice on the delivery of health care services. It concludes that the overall impact of dual practice remains an open question that warrants more attention from researchers and policy makers alike.     

Banking in the cloud: Part 2 – regulation of cloud as ‘outsourcing’

This paper looks at EU banks' use of public cloud computing services. It is based primarily on anonymised interviews with banks, cloud providers, advisers, and financial services regulators. The findings are presented in three parts. Part 1 explored the extent to which banks operating in the EU, including global banks, use public cloud computing services.Part 2 of this paper covers the main legal and regulatory issues that may affect banks' use of cloud services. It sets out how EU banking regulators have approached banks' use of cloud services and considers regulators' lack of cloud computing knowledge. The paper further considers how the regulation of outsourcing applies to banks' use of cloud services, including whether cloud computing constitutes “outsourcing”. It analyses the contentious issue of contractual audit rights for regulators as well as legal and practical issues around risk assessments, security, business continuity, concentration risk, bank resolution, and banking secrecy laws.Part 3 looks at the key contractual issues that arise between banks and cloud service providers, including data protection requirements, termination, service changes, and liability.All three parts of the paper can be accessed via Computer Law and Security Review's page on ScienceDirect at: http://www.sciencedirect.com/science/journal/02673649?sdc=2. The full list of sources is available via the same link and will be printed alongside the third part of the article.     

Banking in the cloud: Part 1 – banks' use of cloud services

This paper looks at EU banks' use of public cloud computing services. It is based primarily on anonymised interviews with banks, cloud providers, advisers, and financial services regulators. The findings are presented in three parts. Part 1 explores the extent to which banks operating in the EU, including global banks, use public cloud computing services. It describes how banks are using cloud computing and the key drivers for doing so (such as time to market), as well as real and perceived barriers (such as misconceptions about cloud and financial services regulation), including cultural and technical/commercial aspects. It summarises how banks have approached the cloud and how cloud providers have approached the banking sector.Part 2 of this paper will cover the main legal and regulatory issues that may affect banks' use of cloud services, including how the regulation of outsourcing applies to banks' use of cloud services. Part 3 will look at the key contractual issues that arise between banks and cloud service providers, including data protection requirements, termination, service changes, and liability.All three parts of the paper can be accessed via Computer Law and Security Review's page on ScienceDirect at: http://www.sciencedirect.com/science/journal/02673649?sdc=2. The full list of sources is available via the same link and will be printed alongside the third part of the paper.