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"This book provides a snapshot of the state of contemporary access to justice in England and Wales. Legal aid lawyers provide a critical function in supporting individuals to address a range of problems. These are problems that commonly intersect with issues of social justice, including crime, homelessness, domestic violence, family breakdown, and educational exclusion. The past few decades have seen a clear retreat from the tenets of the welfare state, including, as part of this, reduced availability of legal aid. Emerging following World War II, legal aid was a critical component in maintaining open access to the courts, safeguarding the rule of law, and supporting individuals to vindicate...
Discusses the skills required by future lawyers, and explores innovative and technology-driven approaches to modernising legal education.
The Oxford Labour Law series has come to represent a significant contribution to the literature of British, European, and international labour law. The series recognizes the arrival not only of a renewed interest in labour law generally, but also the need for fresh approaches to the study of labour law following a period of momentous change in the UK and Europe. The series is concerned with all aspects of labour law, including traditional subjects of study such as collective labour law and individual employment law. It also includes works that concentrate on the growing role of human rights and the combating of discrimination in employment, and others that examine the law and economics of the labour market and the impact of social security law and of national and supranational employment policies upon patterns of employment and the employment contract. Book jacket.
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. This book is available as Open Access on Cambridge Core.
A practical plan for providing legal help to all, regardless of resources Millions of people in the United States face legal problems without lawyers to help them. Why? How do we educate and inform the public about the law so they can understand when the services of a lawyer are necessary or desirable? When can individuals solve legal problems on their own or with the assistance of a specialist without a traditional law degree? In short, how do we democratize the law? Law Democratized offers a blueprint to increase legal help for everyone, regardless of their ability to pay. Building on more than a decade of research into innovation in legal services, the book advances a series of recommenda...
On 25 January 2012, the European Commission presented its long awaited new “Data protection package”. With this proposal for a drastic revision of the data protection framework in Europe, it is fair to say that we are witnessing a rebirth of European data protection, and perhaps, its passage from an impulsive youth to a more mature state. Technology advances rapidly and mobile devices are significantly changing the landscape. Increasingly, we carry powerful, connected, devices, whose location and activities can be monitored by various stakeholders. Very powerful social network sites emerged in the first half of last decade, processing personal data of many millions of users. Updating the...
When discussing exploitation in workplaces, governments typically deploy a rhetoric of personal responsibility: they place attention on employers who take advantage of workers, or on workers who choose non-standard, precarious work arrangements. On this account, the responsibility of the state is to address the harm inflicted by private actors. This book questions that approach and develops the concept of 'state-mediated structural injustice at work': a phenomenon which manifests when legislation that has an appearance of legitimacy, in fact has very damaging effects for large numbers of people and results in structures of exploitation at work. Using a series of examples such as migrant work...
This book explores the distinctive nature of clinical legal education in a range of global contexts. The emergence of law school-based clinical legal education has been recognised as a major innovation in modern legal education. At its best, it integrates the academic rigour of university-based learning with the practical, ethical and social justice insights that come from structured work with clients. This book examines what makes clinic different from other aspects of legal education and how it differs from experiential learning in other disciplines, particularly in its emphasis on social justice. It provides an analysis of various models that support student learning in community settings...
Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of chapters on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies. Chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.
This book provides an up-to-date and comprehensive institutional analysis of online dispute resolution (ODR), with a focus on the developments in China as well as their doctrinal and practical implications globally. In the book, a wide range of ODR mechanisms, including online arbitration, online litigation, online mediation, crowdsourced ODR, and blockchain escrow services and more, are thoroughly examined and compared through an original analytical framework that highlights the evolutionary trajectories of dispute resolution in the digital era. The author leverages several empirical studies and her experience working with the Supreme People’s Court on formulating the rules for online cou...