eAccess to Justice

by Karim Benyekhlef (Editor), Jane Bailey (Editor), Jacquelyn Burkell (Editor), Fabien Gélinas (Editor)

Overview

Part I of this work focuses on the ways in which digitization projects can affect fundamental justice principles. It examines claims that technology will improve justice system efficiency and offers a model for evaluating e-justice systems that incorporates a broader range of justice system values. The emphasis is on the complicated relationship between privacy and transparency in making court records and decisions available online.

Part II examines the implementation of technologies in the justice system and the challenges it comes with, focusing on four different technologies: online court information systems, e-filing, videoconferencing, and tablets for presentation and review of evidence by jurors. The authors share a measuring enthusiasm for technological advances in the courts, emphasizing that these technologies should be implemented with care to ensure the best possible outcome for access to a fair and effective justice system.

Finally, Part III adopts the standpoints of sociology, political theory and legal theory to explore the complex web of values, norms, and practices that support our systems of justice, the reasons for their well-established resistance to change, and the avenues and prospects of eAccess. The chapters in this section provide a unique and valuable framework for thinking with the required sophistication about legal change.

Product Details

ISBN-13:	9780776624310
Publisher:	University of Ottawa Press
Publication date:	09/22/2016
Series:	Law, Technology and Media
Sold by:	Barnes & Noble
Format:	eBook
Pages:	460
File size:	4 MB

About the Author

Karim Benyekhlef is Professor of Law at the Université de Montréal. He is also the Director of the Cyberjustice Laboratory, which he founded in 2010. His recent publications include Vers un droit global? (Éditions Thémis, 2016) and Une possible histoire de la norme. Les normativités émergentes de la mondialisation, 2e édition (Éditions Thémis, 2015).
Jane Bailey is Full Professor at the University of Ottawa Faculty of Law (Common Law Section). Her research is focused on issues at the intersection of law, technology and equality. Her recent publications include eGirls, eCitizens, co-edited with Valerie Steeves (University of Ottawa Press, 2015).
Jacquelyn Burkell is Assistant Dean of Research and Associate Professor in the Faculty of Information and Media Studies at the University of Western Ontario. Her research focuses on the empirical study of the interaction between people and technology. Her recent publications include Remembering Me: Big Data, Individual Identity, and the Psychological Necessity of Forgetting (Springer, 2016).
Fabien Gélinas is Professor of Law at McGill University, where his research focuses on legal theory, international arbitration and civil procedure. He co-founded the Montreal Cyberjustice Laboratory, and now heads the Private Justice and the Rule of Law Research Group. His recent books include Foundations of Civil Justice (Springer, 2015).

Table of Contents

Acknowledgements vii

Introduction Karim Benyekhlef 1

Part I Justice Values and Digitalization

Introduction: Fundamental Values in a Technologized Age of Efficiency Jane Bailey 25

I Cyberjustice and International Development: Reducing the Gap Between Promises and Accomplishments Renaud Beauchard 29

II Evaluating e-Justice: The Design of an Assessment Framework for e-Justice Systems Giampiero Lupo 53

III The Role of Courts in Assisting Individuals in Realizing Their s. 2(b) Right to Information about Court Proceedings Graham Reynolds 95

IV Privacy v. Transparency: How Remote Access to Court Records Forces Us to Re-examine Our Fundamental Values Nicolas Vermeys 123

Part II Courtroom Interactions And Self-Empowerment

Introduction: Troubling the Technological Imperative: Views on Responsible Implementation of Court Technologies Jacquelyn Burkell 157

V ATJ Technology Principles: Access to and Delivery of Justice Donald J Horowitz 163

VI Empowerment, Technology, and Family Law Sherry MacLennan 197

VII The Case for Courtroom Technology Competence as an Ethical Duty for Litigators Amy Salyzyn 211

VIII Tablets in the Jury Room: Enhancing Performance while Undermining Fairness? David Tait Meredith Rossner 241

Part III Toward New Procedural Models?

Introduction: Continuity and Technological Change in Justice Delivery Fabien Gélinas 255

IX The Old… and the New? Elements for a General Theory of Institutional Change: The Case of Paperless Justice Pierre Noreau 263

X Cyberjustice and Ethical Perspectives of Procedural Law Daniel Weinstock 305

XI Three Trade-Offs to Efficient Dispute Resolution Clément Camion 317

XII The Electronic Process in the Brazilian Judicial System: Much More Than an Option; It Is a Solution Katia Balbino de Carvalho Ferreira 337

XIII Access to Justice and Technology: Transforming the Face of Cross-Border Civil Litigation and Adjudication in the EU Xandra E Kramer 351

Postscript: eAccess to Justice - Brief Observations Guy Canivet 377

Bibliography 383

Contributors 405