Better Law for a Better World: New Approaches to Law Practice and Education

Curated on Posted on by Stefaan Verhulst

Book by Liz Curran: “How as a society can we find ways of ensuring the people who are the most vulnerable or have little voice can avail themselves of the protection in law to improve their social, cultural, health and economic outcomes as befits civilised society?

Better Law for a Better World answers this question by looking at innovative practices and developments emerging within law practice and education and shares the skills and techniques that could lead to confidence in the law and its ability to respond. Using recent research from Australia, practice initiatives and information, the book breaks down ways for law students, legal educators and law practitioners (including judicial officers, law administrators, legislators and policy makers) to enhance access to justice and improve outcomes through new approaches to lawyering. These can include: Multi-Disciplinary Practice (including health justice partnerships); integrated justice practice; restorative practice; empowerment modes (community & professional development and policy skills); client-centred approaches and collaborative interdisciplinary practice informed by practical experience. The book contains critical information on what such practice might look like and the elements that will be required in the development of the essential skills and criteria for such practice. It seeks to open up a dialogue about how we can make the law better. This includes making the community more central to the operation of the law and improving client-centred practice so that the Rule of Law can deliver on its claims to serve, protect and ensure equality before the law. It explores practical ways that emerging lawyers can be trained differently to ensure improved communication, collaboration, problem solving, partnership and interpersonal skills. The book explores the challenges of such work. It also gives suggestions on how to reduce professional barriers and variations in practice to effectively, humanely and efficiently make a difference in people’s lives….(More)”.

Open Hardware: An Opportunity to Build Better Science

Curated on Posted on by Stefaan Verhulst

Report by Alison Parker et al: “Today’s research infrastructure, including scientific hardware, is unevenly distributed in the scientific community, severely limiting collaboration, customization, and impact. Open hardware for science provides an alternative approach to reliance on expensive and proprietary instrumentation while giving “people the freedom to control their technology while sharing knowledge and encouraging commerce through the open exchange of design.”

Open hardware can be modified and recombined to build diverse libraries of tools that serve as a freely available resource for use across several disciplines. By improving access to tools, open hardware for science encourages collaboration, accelerates innovation, and improves scientific reproducibility and repeatability. Open hardware for science is often less expensive than proprietary equivalents, allowing research laboratories to stretch funding further. Beyond scientific research, open hardware has proven to benefit and impact a number of complementary policy priorities including: broadening public participation in science, accessible experiential STEM education, crisis response, and improving distributed manufacturing capabilities.

Because of recent, bipartisan progress in open science, the U.S. government is well positioned to elevate and enhance the impact of open hardware in American science. By addressing key implementation challenges and prioritizing open hardware for science, we as a nation can build better infrastructure for future science, cement U.S. scientific leadership and innovation, and help the U.S. prepare for future crises. This report addresses the need to build a stronger foundation for science by prioritizing open hardware, describes the unique benefits of open hardware alongside complementary policy priorities, and briefly lays out implementation challenges to overcome. …(More)”.

Zoom Court Is Changing How Justice Is Served

Curated on Posted on by Stefaan Verhulst

Eric Scigliano at The Atlantic: “…Last spring, as COVID‑19 infections surged for the first time, many American courts curtailed their operations. As case backlogs swelled, courts moved online, at a speed that has amazed—and sometimes alarmed—judges, prosecutors, and defense attorneys. In the past year, U.S. courts have conducted millions of hearings, depositions, arraignments, settlement conferences, and even trials—nearly entirely in civil cases or for minor criminal offenses—over Zoom and other meeting platforms. As of late February, Texas, the state that’s moved online most aggressively, had held 1.1 million remote proceedings.

“Virtual justice” (the preferred, if unsettling, term) is an emergency response to a dire situation. But it is also a vision some judicial innovators had long tried to realize. One leading booster, Michigan Chief Justice Bridget Mary McCormack, told me that going online can make courts not only safer but “more transparent, more accessible, and more convenient.” Witnesses, jurors, and litigants no longer need to miss hours of work and fight traffic. Attorneys with cases in multiple courts can jump from one to another by swiping on their phones.

In July the Conference of Chief Justices and the Conference of State Court Administrators jointly endorsed a set of “Guiding Principles for Post-pandemic Court Technology” with a blunt message: The legal system should “move as many court processes as possible online,” and keep them there after the risk of infection passes. The pandemic, they wrote, “is not the disruption courts wanted, but it is the disruption that courts needed.”

America’s courts are burdened by weighty encrustations of complexity and habit, from black robes and “All rise” to arcane trial procedures. COVID-19 has forced them to improvise and experiment. Now, as a post-pandemic future glimmers, we have a chance to reflect. How much of that experimentation will survive after the crisis abates? Given the stakes involved in the justice system, how much should?…(More)”.

The Paths to Digital Self-Determination – A Foundational Theoretical Framework

Curated on Posted on by Stefaan Verhulst

Paper by Nydia Remolina and Mark Findlay: “A deluge of data is giving rise to new understandings and experiences of society and economy as our digital footprint grows steadily. Are data subjects able to determine themselves in this data-driven society? The emerging debates about autonomy and communal responsibility in the context of data access or protection, highlight a pressing imperative to re-imagine the ‘self’ in the digital space. Empowerment, autonomy, sovereignty, human centricity, are all terms often associated with the notion of digital self-determination in current policy language. More academics, industry experts, policymakers, regulators are now advocating self-determination in a data-driven world. The attitudes to self-determination range from alienating data as property through to broad considerations of communal access and enrichment. Digital self-determination is a complex notion to be viewed from different perspectives and in unique spaces, re-shaping what we understand as self-determination in the non-digital world. This paper explores the notion of digital self-determination by presenting a foundational theoretical framework based on pre-existent self-determination theories and exploring the implications of the digital society in the determination of the self. Only by better appreciating and critically framing the discussion of digital self-determination, is it possible to engage in trustworthy data spaces, and ensure ethical human-centric approaches when living in a data driven society….(More)”.

The Rise of Digital Repression: How Technology is Reshaping Power, Politics, and Resistance

Curated on Posted on by Stefaan Verhulst

Book by Steven Feldstein: “The world is undergoing a profound set of digital disruptions that are changing the nature of how governments counter dissent and assert control over their countries. While increasing numbers of people rely primarily or exclusively on online platforms, authoritarian regimes have concurrently developed a formidable array of technological capabilities to constrain and repress their citizens.

In The Rise of Digital Repression, Steven Feldstein documents how the emergence of advanced digital tools bring new dimensions to political repression. Presenting new field research from Thailand, the Philippines, and Ethiopia, he investigates the goals, motivations, and drivers of these digital tactics. Feldstein further highlights how governments pursue digital strategies based on a range of factors: ongoing levels of repression, political leadership, state capacity, and technological development. The international community, he argues, is already seeing glimpses of what the frontiers of repression look like. For instance, Chinese authorities have brought together mass surveillance, censorship, DNA collection, and artificial intelligence to enforce their directives in Xinjiang. As many of these trends go global, Feldstein shows how this has major implications for democracies and civil society activists around the world.

A compelling synthesis of how anti-democratic leaders harness powerful technology to advance their political objectives, The Rise of Digital Repression concludes by laying out innovative ideas and strategies for civil society and opposition movements to respond to the digital autocratic wave….(More)”.

Would you notice if fake news changed your behavior? An experiment on the unconscious effects of disinformation

Curated on Posted on by Stefaan Verhulst

Paper by Zach Bastick: “A growing literature is emerging on the believability and spread of disinformation, such as fake news, over social networks. However, little is known about the degree to which malicious actors can use social media to covertly affect behavior with disinformation. A lab-based randomized controlled experiment was conducted with 233 undergraduate students to investigate the behavioral effects of fake news. It was found that even short (under 5-min) exposure to fake news was able to significantly modify the unconscious behavior of individuals. This paper provides initial evidence that fake news can be used to covertly modify behavior, it argues that current approaches to mitigating fake news, and disinformation in general, are insufficient to protect social media users from this threat, and it highlights the implications of this for democracy. It raises the need for an urgent cross-sectoral effort to investigate, protect against, and mitigate the risks of covert, widespread and decentralized behavior modification over online social networks….(More)”

Learning Policy, Doing Policy: Interactions Between Public Policy Theory, Practice and Teaching

Curated on Posted on by Stefaan Verhulst

Open Access Book edited by: Trish Mercer, Russell Ayres, Brian Head, and John Wanna: “When it comes to policymaking, public servants have traditionally learned ‘on the job’, with practical experience and tacit knowledge valued over theory-based learning and academic analysis. Yet increasing numbers of public servants are undertaking policy training through postgraduate qualifications and/or through short courses in policy training.

Learning Policy, Doing Policy explores how policy theory is understood by practitioners and how it influences their practice. The book brings together insights from research, teaching and practice on an issue that has so far been understudied. Contributors include Australian and international policy scholars, and current and former practitioners from government agencies. The first part of the book focuses on theorising, teaching and learning about the policymaking process; the second part outlines how current and former practitioners have employed policy process theory in the form of models or frameworks to guide and analyse policymaking in practice; and the final part examines how policy theory insights can assist policy practitioners.

In exploring how policy process theory is developed, taught and taken into policymaking practice, Learning Policy, Doing Policy draws on the expertise of academics and practitioners, and also ‘pracademics’ who often serve as a bridge between the academy and government. It draws on a range of both conceptual and applied examples. Its themes are highly relevant for both individuals and institutions, and reflect trends towards a stronger professional ethos in the Australian Public Service. This book is a timely resource for policy scholars, teaching academics, students and policy practitioners….(More)”

You Are Here: A Field Guide for Navigating Polarized Speech, Conspiracy Theories, and Our Polluted Media Landscape

Curated on Posted on by Stefaan Verhulst

Book by Whitney Phillips and Ryan M. Milner: “Our media environment is in crisis. Polarization is rampant. Polluted information floods social media. Even our best efforts to help clean up can backfire, sending toxins roaring across the landscape. In You Are Here, Whitney Phillips and Ryan Milner offer strategies for navigating increasingly treacherous information flows. Using ecological metaphors, they emphasize how our individual me is entwined within a much larger we, and how everyone fits within an ever-shifting network map.

Phillips and Milner describe how our poisoned media landscape came into being, beginning with the Satanic Panics of the 1980s and 1990s—which, they say, exemplify “network climate change”—and proceeding through the emergence of trolling culture and the rise of the reactionary far right (as well as its amplification by journalists) during and after the 2016 election. They explore the history of conspiracy theories in the United States, focusing on those concerning the Deep State; explain why old media literacy solutions fail to solve new media literacy problems; and suggest how we can navigate the network crisis more thoughtfully, effectively, and ethically. We need a network ethics that looks beyond the messages and the messengers to investigate toxic information’s downstream effects….(More)”.

Ideology and Performance in Public Organizations

Curated on Posted on by Stefaan Verhulst

NBER Working Paper by Jorg L. Spenkuch, Edoardo Teso & Guo Xu: “We combine personnel records of the United States federal bureaucracy from 1997-2019 with administrative voter registration data to study how ideological alignment between politicians and bureaucrats affects the personnel policies and performance of public organizations. We present four results. (i) Consistent with the use of the spoils system to align ideology at the highest levels of government, we document significant partisan cycles and substantial turnover among political appointees. (ii) By contrast, we find virtually no political cycles in the civil service. The lower levels of the federal government resemble a “Weberian” bureaucracy that appears to be largely protected from political interference. (iii) Democrats make up the plurality of civil servants. Overrepresentation of Democrats increases with seniority, with the difference in career progression being largely explained by positive selection on observables. (iv) Political misalignment carries a sizeable performance penalty. Exploiting presidential transitions as a source of “within-bureaucrat” variation in the political alignment of procurement officers over time, we find that contracts overseen by a misaligned officer exhibit cost overruns that are, on average, 8% higher than the mean overrun. We provide evidence that is consistent with a general “morale effect,” whereby misaligned bureaucrats are less motivated….(More)”

Digitally Kind

Curated on Posted on by Stefaan Verhulst

Report by Anna Grant with Cliff Manning and Ben Thurman: “Over the past decade and particularly since the outbreak of the COVID-19 pandemic we have seen increasing use of digital technology in service provision by third and public sector organisations. But with this increasing use comes challenges. The development and use of these technologies often outpace the organisational structures put in place to improve delivery and protect both individuals and organisations.

Digitally Kind is devised to help bridge the gaps between digital policy, process and practice to improve outcomes, and introducing kindness as a value to underpin an organisational approach.

Based on workshops with over 40 practitioners and frontline staff, the report has been designed as a starting point to support organisations open up conversations around their use of digital in delivering services. Digitally Kind explores a range of technical, social and cultural considerations around the use of tech when working with individuals covering values and governance; access; safety and wellbeing; knowledge and skills; and participation.

While the project predominantly focused on the experiences of practitioners and organisations working with young people, many of the principles hold true for other sectors. The research also highlights a short set of considerations for funders, policymakers (including regulators) and online platforms….(More)”.