Legal Tech and the Future of Civil Justice

Law › Administrative / Constitutional Law

Legal Tech and the Future of Civil Justice

By David Freeman Engstrom
Cambridge University Press February 2023

Specifications

ISBN-13
9781009255356
Publisher
Cambridge University Press
Publication
February 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

New digital technologies, from AI-fired 'legal tech' 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 'robo-judges' and 'robo-lawyers.' 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.

Table of Contents

Introduction: civil justice at the crossroads
David Freeman Engstrom
Part I. Legal Tech and the Innovation Ecosystem:
1. The future of American legal tech: regulation, culture, markets
Benjamin H. Barton
2. Lawtech: levelling the playing field in legal services?
John Armour and Mari Sako
3. Natural language processing in legal tech
Julian Nyarko and Jens Frankenreiter
Part II. Legal Tech, Litigation, and the Adversarial System:
4. Remote testimonial fact-finding
Renee L. Danser, D. James Greiner, Elizabeth Guo, and Erik Koltun
5. Gamesmanship in modern discovery tech
Neel Guha, Peter Henderson, and Diego A. Zambrano
6. Legal tech and the litigation playing field
David Freeman Engstrom and Nora Freeman Engstrom
7. Litigation outcome prediction, access to justice, and legal endogeneity
Charlotte S. Alexander
8. Towards the participatory MDL: a low-tech step to promote litigant autonomy
Todd Venook and Nora Freeman Engstrom
Part III. Legal Tech and Access to Justice:
9. The supply and demand of legal help on the Internet
Margaret Hagan
10. Digital inequalities and access to justice: dialing into Zoom court unrepresented
Victor D. Quintanilla, Kurt Hugenberg, Margaret Hagan, Amy Gonzales, Ryan Hutchings, and Nedim Yel
11. Online dispute resolution and the end of adversarial justice?
Norman W. Spaulding
12. Using ODR platforms to level the playing field: improving pro se litigation through ODR design
J.J. Prescott
Part IV. Courts, Data, and Civil Justice:
13. The disruption we needed: COVID-19, court technology, and access to justice
Bridget M. McCormack
14. Free PACER
Jonah B. Gelbach
15. Technological challenges facing the judiciary
Albert H. Yoon
16. The civil justice data gap
Tanina Rostain and Amy O'Hara
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