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"Future-Proofing the Judiciary offers a meticulous, fine-grained inquiry into the core, but rarely examined, topic of the demand and supply of judicial officers. Breathing new life into the field of law and demography, Professor Opeskin impressively corrals multiple sources of public data to assess judicial tenure, pensions, the impact of population shifts on lower courts and judicial diversity. This empirically rich book deepens the growing international field of judicial studies by addressing urgent policy questions for government, courts, judicial officers and the public they serve". -Sharyn Roach Anleu, Matthew Flinders Distinguished Professor, Flinders University, Australia. "This is a masterly study of how demography can be used to plan the future trajectories of institutions of government. By using the judiciary to demonstrate the case, Brian Opeskin builds on his considerable earlier work on courts and court systems in Australia. Although the focus of the book is on Australian conditions, the issues raised and insights offered are likely to be relevant across other common law states as well." -Cheryl Saunders AO, Laureate Professor Emeritus, University of Melbourne, Australia. This book reinvigorates the field of socio-legal inquiry examining the relationship between law and demography. Originally conceived as 'population law' in the 1970s following unprecedented growth in world population and the use of law to temper that growth, this book takes a fresh approach by examining how population change can affect legal systems, rather than the converse. Through four case studies, the book examines how demographic change impacts judicial systems and how those systems should adapt to embody greater preparedness for the demographic changes that lie ahead. The case studies focus on Australian courts and judges, but the book offers global insights and raises critical questions about institutional structures. In making recommendations for reform, it speaks to socio-legal scholars, applied demographers, and all those interested in judicial institutions. Brian Opeskin is Professor of Law and former Associate Dean (Research) at the University of Technology Sydney, Australia.
This book reinvigorates the field of socio-legal inquiry examining the relationship between law and demography. Originally conceived as 'population law' in the 1960s following a growth in population and a use of law to temper population growth, this book takes a new approach by examining how population change can affect the legal system, rather than the converse. It analyses the impact of demographic change on the judicial system, with a geographic focus on Australian courts but with global insights and it raises questions about institutional structures. Through four case studies, it examines how demographic change impacts on the judicial system and how should the judicial system adapt to embody a greater preparedness for the demographic changes that lie ahead? It makes recommendations for reform and speaks to applied demographers, socio-legal scholars, and those interested in judicial institutions.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This book comprehensively describes the status quo of artificial intelligence technology applications in the judicial field in China. Written by Cui Yadong, the former President of Shanghai Senior People's Court, it is divided into three parts: the first part focuses mainly on the theoretical issues related to artificial intelligence and judicial applications. The second part highlights practical aspects, discussing the research and development process, the implementation of the"206 system" and the major breakthroughs. The third part then addresses lessons learned and the thinking, particularly the thinking on "building the future rule of law of artificial intelligence", a new topic that responds to people's concerns about the risks and challenges of the development of artificial intelligence. In this context, the book argues that the judicial task is twofold: On the one hand, it should actively promote the integration and application of AI in the judiciary, judicial intelligence, and judicial modernization. On the other hand, it should encourage the construction of a future rule of law system of artificial intelligence, highlight the role of the judiciary in dealing with future risks and challenges, bring the development of artificial intelligence into line with the rule of law, and use the rule of law to promote, standardize and guarantee the safe, reliable and controllable development of artificial intelligence.
In Online Courts and the Future of Justice, Richard Susskind, the world's most cited author on the future of legal services, shows how litigation will be transformed by technology and proposes a solution to the global access-to-justice problem. In most advanced legal systems, the resolution of civil disputes takes too long, costs too much, and the process is not just antiquated; it is unintelligible to ordinary mortals. The courts of some jurisdictions are labouring under staggering backlogs - 100 million cases in Brazil, 30 million in India. More people in the world now have internet access than access to justice. Drawing on almost 40 years in the fields of legal technology and jurisprudence, Susskind shows how we can use the remarkable reach of the internet (more than half of humanity is now online) to help people understand and enforce their legal rights. Online courts provide 'online judging' - the determination of cases by human judges but not in physical courtrooms. Instead, evidence and arguments are submitted through online platforms through which judges also deliver their decisions. Online courts also use technology to enable courts to deliver more than judicial decisions. These 'extended courts' provide tools to help users understand relevant law and available options, and to formulate arguments and assemble evidence. They offer non-judicial settlements such as negotiation and early neutral evaluation, not as an alternative to the public court system but as part of it. A pioneer of online courts, Susskind maintains that they will displace much conventional litigation. He rigorously assesses the benefits and drawbacks, and looks ahead, predicting how AI, machine learning, and virtual reality will likely come to dominate court service.
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.