Virtual Briefing at the Supreme Court


Paper by Alli Orr Larsen and Jeffrey L. Fisher: “The open secret of Supreme Court advocacy in a digital era is that there is a new way to argue to the Justices. Today’s Supreme Court arguments are developed online: They are dissected and explored in blog posts, fleshed out in popular podcasts, and analyzed and re-analyzed by experts who do not represent parties or have even filed a brief in the case at all. This “virtual briefing” (as we call it) is intended to influence the Justices and their law clerks but exists completely outside of traditional briefing rules. This article describes virtual briefing and makes a case that the key players inside the Court are listening. In particular, we show that the Twitter patterns of law clerks indicate they are paying close attention to producers of virtual briefing, and threads of these arguments (proposed and developed online) are starting to appear in the Court’s decisions.

We argue that this “crowdsourcing” dynamic to Supreme Court decision-making is at least worth a serious pause. There is surely merit to enlarging the dialogue around the issues the Supreme Court decides – maybe the best ideas will come from new voices in the crowd. But the confines of the adversarial process have been around for centuries, and there are significant risks that come with operating outside of it particularly given the unique nature and speed of online discussions. We analyze those risks in this article and suggest it is time to think hard about embracing virtual briefing — truly assessing what can be gained and what will be lost along the way….(More)”.

Citizen, Science, and Citizen Science


Introduction by Shun-Ling and Chen Fa-ti Fan to special issue on citizen science: “The term citizen science has become very popular among scholars as well as the general public, and, given its growing presence in East Asia, it is perhaps not a moment too soon to have a special issue of EASTS on the topic. However, the quick expansion of citizen science, as a notion and a practice, has also spawned a mass of blurred meanings. The term is ill-defined and has been used in diverse ways. To avoid confusion, it is necessary to categorize the various and often ambiguous usages of the term and clarify their meanings.

As in any taxonomy, there are as many typologies as the particular perspectives, parameters, and criteria adopted for classification. There have been helpful attempts at classifying different modes of citizen science (Cooper and Lewenstein 2016Wiggins and Crowston 2012Haklay 2012). However, they focused primarily on the different approaches or methods in citizen science. Ottinger’s two categories of citizen science—“scientific authority driven” and “social movement based”—foreground the criteria of action and justification, but they unnecessarily juxtapose science and society; in any case, they may be too general and leaving out too much at the same time.1

In contrast, our classification will emphasize the different conceptions of citizen and citizenship in how we think about citizen science. We believe that this move can help us contextualize the ideas and practices of citizen science in the diverse socio-political conditions found in East Asia and beyond (Leach, Scoones, and Wynne 2005). To explain that point, we’ll begin with a few observations. First, the current discourse on citizen science tends to glide over such concepts as state, citizen, and the public and to assume that the reader will understand what they mean. This confidence originates in part from the fact that the default political framework of the discourse is usually Western (particularly Anglo-American). As a result, one often easily accepts a commonsense notion of participatory liberal democracy as the reference framework. However, one cannot assume that that is the de facto political framework for discussion of citizen science….(More)”.

The Pied Piper: Prizes, Incentives, and Motivation Crowding-In


Paper by Bruni, Luigino and Pelligra, Vittorio and Reggiani, Tommaso and Rizzolli, Matteo: “In mainstream business and economics, prizes such as the Presidential Medal of Freedom are understood as special types of incentives, with the peculiar features of being awarded in public, and of having largely symbolic value. Informed by both historical considerations and philosophical instances, our study defines fundamental theoretical differences between incentives and prizes. The conceptual factors highlighted by our analytical framework are then tested through a laboratory experiment. The experimental exercise aims to analyze how prizes and incentives impact actual individuals’ behavior differently. Our results show that both incentives (monetary and contingent) and prizes (non-monetary and discretional rewards) boost motivation to perform if awarded publicly, but only prizes crowd-in motivation promoting virtuous attitude….(More)”.

Re-Use Of Public Sector Open Data: Characterising The Phenomena


Paper by Josefin Lassinantti at the International Journal of Public Information Systems: “Despite the growing number of open data, re-use of this data is not reaching the expected levels and now this phenomenon seems hampered in its evolvement. Therefore, this study sets out to characterize the re-use of open data from public sector in order to increase our elaborate understanding of this practice, and does so by performing a literature review inspired by the processes for defining concepts, and contextualized within the historical evolvement of European open data policies. Apart from the identification of three main research approaches towards open data re-use and an elaborated definition of re-use, the findings led to the creation of a framework enabling us to see open data re-use as an iterative value-creating process in two different contexts, the public task context and the non-public task context. This process builds on three categories of meta-activities for reuse practice: 1) gaining access to and understanding data, 2) handling and re-purposing the data, and 3) creating broader value of data, as well as indications of value for whom. Lastly, implications of this re-use process and framework was discussed, along with implications of an identified practice-policy mismatch that risk hampering the future evolvement of open data re-use….(More)”.

Data Protection and Digital Agency for Refugees


Paper by Dragana Kaurin: “For the millions of refugees fleeing conflict and persecution every year, access to information about their rights and control over their personal data are crucial for their ability to assess risk and navigate the asylum process. While asylum seekers are required to provide significant amounts of personal information on their journey to safety, they are rarely fully informed of their data rights by UN agencies or local border control and law enforcement staff tasked with obtaining and processing their personal information. Despite recent improvements in data protection mechanisms in the European Union, refugees’ informed consent for the collection and use of their personal data is rarely sought. Using examples drawn from interviews with refugees who have arrived in Europe since 2013, and an analysis of the impacts of the 2016 EU-Turkey deal on migration, this paper analyzes how the vast amount of data collected from refugees is gathered, stored and shared today, and considers the additional risks this collection process poses to an already vulnerable population navigating a perilous information-decision gap….(More)”.

Crowdsourcing Research Questions? Leveraging the Crowd’s Experiential Knowledge for Problem Finding


Paper by Tiare-Maria Brasseur, Susanne Beck, Henry Sauermann, Marion Poetz: “Recently, both researchers and policy makers have become increasingly interested in involving the general public (i.e., the crowd) in the discovery of new science-based knowledge. There has been a boom of citizen science/crowd science projects (e.g., Foldit or Galaxy Zoo) and global policy aspirations for greater public engagement in science (e.g., Horizon Europe). At the same time, however, there are also criticisms or doubts about this approach. Science is complex and laypeople often do not have the appropriate knowledge base for scientific judgments, so they rely on specialized experts (i.e., scientists) (Scharrer, Rupieper, Stadtler & Bromme, 2017). Given these two perspectives, there is no consensus on what the crowd can do and what only researchers should do in scientific processes yet (Franzoni & Sauermann, 2014). Previous research demonstrates that crowds can be efficiently and effectively used in late stages of the scientific research process (i.e., data collection and analysis). We are interested in finding out what crowds can actually contribute to research processes that goes beyond data collection and analysis. Specifically, this paper aims at providing first empirical insights on how to leverage not only the sheer number of crowd contributors, but also their diversity in experience for early phases of the research process (i.e., problem finding). In an online and field experiment, we develop and test suitable mechanisms for facilitating the transfer of the crowd’s experience into scientific research questions. In doing so, we address the following two research questions: 1. What factors influence crowd contributors’ ability to generate research questions? 2. How do research questions generated by crowd members differ from research questions generated by scientists in terms of quality? There are strong claims about the significant potential of people with experiential knowledge, i.e., sticky problem knowledge derived from one’s own practical experience and practices (Collins & Evans, 2002), to enhance the novelty and relevance of scientific research (e.g., Pols, 2014). Previous evidence that crowds with experiential knowledge (e.g., users in Poetz & Schreier, 2012) or ?outsiders?/nonobvious individuals (Jeppesen & Lakhani, 2010) can outperform experts under certain conditions by having novel perspectives, support the assumption that the participation of non-scientists (i.e., crowd members) in scientific problem-finding might complement scientists’ lack of experiential knowledge. Furthermore, by bringing in exactly these new perspectives, they might help overcome problems of fixation/inflexibility in cognitive-search processes among scientists (Acar & van den Ende, 2016). Thus, crowd members with (higher levels of) experiential knowledge are expected to be superior in identifying very novel and out-of-the-box research problems with high practical relevance, as compared to scientists. However, there are clear reasons to be skeptical: despite their advantage to possess important experiential knowledge, the crowd lacks the scientific knowledge we assume to be required to formulate meaningful research questions. To study exactly how the transfer of crowd members’ experiential knowledge into science can be facilitated, we conducted two experimental studies in context of traumatology (i.e., research on accidental injuries). First, we conducted a large-scale online experiment (N=704) in collaboration with an international crowdsourcing platform to test the effect of two facilitating treatments on crowd members’ ability to formulate real research questions (study 1). We used a 2 (structuring knowledge/no structuring knowledge) x 2 (science knowledge/no science knowledge) between-subject experimental design. Second, we tested the same treatments in the field (study 2), i.e., in a crowdsourcing project in collaboration with LBG Open Innovation in Science Center. We invited patients, care takers and medical professionals (e.g., surgeons, physical therapists or nurses) concerned with accidental injuries to submit research questions using a customized online platform (https://tell-us.online/) to investigate the causal relationship between our treatments and different types and levels of experiential knowledge (N=118). An international jury of experts (i.e., journal editors in the field of traumatology) then assesses the quality of submitted questions (from the online and field experiment) along several quality dimensions (i.e., clarity, novelty, scientific impact, practical impact, feasibility) in an online evaluation process. To assess the net effect of our treatments, we further include a random sample of research questions obtained from early-stage research papers (i.e., conference papers) into the expert evaluation (blind to the source) and compare them with the baseline groups of our experiments. We are currently finalizing the data collection…(More)”.

Open government in authoritarian regimes


Paper by Karl O’Connor, Colin Knox and Saltanat Janenova: “Open government has long been regarded as a pareto-efficient policy – after all, who could be against such compelling policy objectives as transparency, accountability, citizen engagement and integrity. This paper addresses why an authoritarian state would adopt a policy of open government, which seems counter-intuitive, and tracks its outworking by examining several facets of the policy in practice. The research uncovers evidence of insidious bureaucratic obstruction and an implementation deficit counter-posed with an outward-facing political agenda to gain international respectability. The result is ‘half-open’ government in which the more benign elements have been adopted but the vested interests of government and business elites remain largely unaffected….(More)”.

Humans and Big Data: New Hope? Harnessing the Power of Person-Centred Data Analytics


Paper by Carmel Martin, Keith Stockman and Joachim P. Sturmberg: “Big data provide the hope of major health innovation and improvement. However, there is a risk of precision medicine based on predictive biometrics and service metrics overwhelming anticipatory human centered sense-making, in the fuzzy emergence of personalized (big data) medicine. This is a pressing issue, given the paucity of individual sense-making data approaches. A human-centric model is described to address the gap in personal particulars and experiences in individual health journeys. The Patient Journey Record System (PaJR) was developed to improve human-centric healthcare by harnessing the power of person-centred data analytics using complexity theory, iterative health services and information systems applications over a 10 year period. PaJR is a web-based service supporting usually bi-weekly telephone calls by care guides to individuals at risk of readmissions.

This chapter describes a case study of the timing and context of readmissions using human (biopsychosocial) particular data which is based on individual experiences and perceptions with differing patterns of instability. This Australian study, called MonashWatch, is a service pilot using the PaJR system in the Dandenong Hospital urban catchment area of the Monash Health network. State public hospital big data – the Victorian HealthLinks Chronic Care algorithm provides case finding for high risk of readmission based on disease and service metrics. Monash Watch was actively monitoring 272 of 376 intervention patients, with 195 controls over 22 months (ongoing) at the time of the study.

Three randomly selected intervention cases describe a dynamic interplay of self-reported change in health and health care, medication, drug and alcohol use, social support structure. While the three cases were at similar predicted risk initially, their cases represented different statistically different time series configurations and admission patterns. Fluctuations in admission were associated with (mal)alignment of bodily health with psychosocial and environmental influences. However human interpretation was required to make sense of the patterns as presented by the multiple levels of data.

A human-centric model and framework for health journey monitoring illustrates the potential for ‘small’ personal experience data to inform clinical care in the era of big data predominantly based on biometrics and medical industrial process. ….(More)”.

Problematizing data-driven urban practices: Insights from five Dutch ‘smart cities’


Paper by Damion J.Bunders and KrisztinaVarró: Recently, the concept of the smart city has gained growing popularity. As cities worldwide have set the aim to harness digital technologies to their development, increasing focus came to lie on the potential challenges and concerns related to data-driven urban practices. In the existing literature, these challenges and concerns have been dominantly approached from a pragmatic approach based on the a priori assumed ‘goodness’ of the smart city; for a small group of critics, the very notion of the smart city is questionable. This paper takes the middle-way by interrogating how municipal and civil society stakeholders problematize the challenges and concerns related to data-driven practices in five Dutch cities, and how they act on these concerns in practice.

The lens of problematization posits that the ways of problematizing data-driven practices contribute to their actual enactment, and that this is an inherently political process. The case study shows that stakeholders do not only perceive practical challenges but are widely aware of and are (partly) pro-actively engaging with perceived normative-ethical and societal concerns, leading to different (sometimes inter-related) technological, legal/political, organizational, informative and participative strategies. Nonetheless, the explicit contestation of smart city policies through these strategies remains limited in scope. The paper argues that more research is needed to uncover the structural-institutional dynamics that facilitate and/or prevent the repoliticization of smart city projects….(More)”.

Pitfalls of Aiming to Empower the Bottom from the Top: The Case of Philippine Participatory Budgeting


Paper by Joy Aceron: “… explains why and how a reform program that opened up spaces for participatory budgeting was ultimately unable to result in pro-citizen power shifts that transformed governance. The study reviews the design and implementation of Bottom-Up Budgeting (BuB), the nationwide participatory budgeting (PB) program in the Philippines, which ran from 2012 to 2016 under the Benigno Aquino government. The findings underscore the importance of institutional design to participatory governance reforms. BuB’s goal was to transform local government by providing more space for civil society organizations (CSOs) to co-identify projects with the government and to take part in the budgeting process, but it did not strengthen CSO or grassroots capacity to hold their Local Government Units (LGUs) accountable.

The BuB design had features that delivered positive gains towards citizen empowerment, including: (1) providing equal seats for CSOs in the Local Poverty Reduction Action Team (LPRAT), which are formally mandated to select proposed projects (in contrast to the pre-existing Local Development Councils (LDCs), which have only 25 percent CSO representation); (2) CSOs identified their LPRAT representatives themselves (as opposed to local chief executives choosing CSO representatives, as in the LDCs); and (3) LGUs were mandated to follow participatory requirements to receive additional funding. However, several aspects of the institutional design shifted power from local governments to the central government. This had a “centralizing effect”…

This study argues that because of these design problems, BuB fell short in achieving its main political reform agenda of empowering the grassroots—particularly in enabling downward accountability that could have enabled lasting pro-citizen power shifts. It did not empower local civil society and citizens to become a countervailing force vis-à-vis local politicians in fiscal governance. BuB is a case of a reform that provided a procedural mechanism for civil society input into national agency decisions but was unable to improve government responsiveness. It provided civil society with ‘voice’, but was constrained in enabling ‘teeth’. Jonathan Fox (2014) refers to “voice” as citizen inputs, feedback and action, while “teeth” refer to the capacity of the state to respond to voice.

Finally, the paper echoes the results of other studies which find that PB programs become successful when complemented by other institutional and state democratic capacity-building reforms and when they are part of a broader progressive change agenda. The BuB experience suggests that to bolster citizen oversight, it is essential to invest sufficient support and resources in citizen empowerment and in creating an enabling environment for citizen oversight….(More)”.