scholarly journals Legal advice privilege and artificial legal intelligence: Can robots give privileged legal advice?

2019 ◽  
Vol 23 (4) ◽  
pp. 422-439
Author(s):  
Michael Stockdale ◽  
Rebecca Mitchell
Keyword(s):  
Keyword Search ◽  
Wide Spectrum ◽  
Research Question ◽  
Human Interaction ◽  
Legal Services ◽  
Central Research ◽  
Legal Proceedings ◽  
Legal Advice ◽  
Use Of Technology ◽  
Legal Professional

Legal professional privilege entitles parties to legal proceedings to object to disclosing communications. The form of legal professional privilege that is now commonly known as ‘legal advice privilege’ attaches to communications between a client and its lawyers in connection with the provision of legal advice. The provision of legal advice increasingly involves the use of technology across a wide spectrum of activities with varying degrees of human interaction or supervision. Use of technology ranges from a lawyer conducting a keyword search of a legal database to legal advice given online by fully automated systems. With technology becoming more integrated into legal practice, an important issue that has not been explored is whether legal advice privilege attaches to communications between client and legal services provider regardless of the degree of human involvement and even if the ‘lawyer’ might constitute a fully automated advice algorithm. In essence, our central research question is: If a robot gives legal advice, is that advice privileged? This article makes an original and distinctive contribution to discourse in this area through offering novel perspectives on and solutions to a question which has not previously been investigated by legal academics.

Legal Privilege and Third Party Disclosure: A Comparative Analysis of UK and the US Rules

2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Zia Akhtar
Keyword(s):  
Research Question ◽  
Third Party ◽  
Weight Of Evidence ◽  
Legal Proceedings ◽  
Legal Advice ◽  
Wide Range ◽  
The Us ◽  
Privileged Communication ◽  
Legal Professional ◽  
The Uk

Abstract The rules of evidence in common law courts rely on the weight of evidence that is deduced by the court based on its admissibility and credibility. This is subject to the evidence that has been disclosed by the client to their lawyer either before or after the litigation is commenced in court. The availability of legal professional privilege is a substantive legal right (not a procedural rule) and it enables a person to refuse to disclose certain documents in a wide range of situations. There can be no adverse inference that can be drawn from a valid assertion of legal professional privilege on evidential grounds by the court. Under English law, privilege applies to the advice given by external lawyers and in-house lawyers (acting in their capacity as lawyers) in the case or in contemplation of litigation. Privilege in the US is broader than in the UK and may vary over time and according to locations/context but a privileged communication under UK law may not be privileged in the US. The Attorney-client confidentiality and work-product doctrine are the most common US types of privilege and this will protect investigation material if its primary purpose is to provide information to obtain a legal advice (i. e. if it is not for a business purpose). The research question in this paper is to what extent internal investigations need to be disclosed where the client confidentiality is not applicable and the court orders disclosure. It compares the framework under which privilege can be exercised, and how in the US a different interpretation allows greater margin for client confidentiality when investigations include another party if documents are compiled in contemplation of legal proceedings.

scholarly journals Gender-based Responses to Peer Reviews in Academic Writing

2019 ◽  
Vol 9 (1) ◽  
pp. 89
Author(s):  
Listyani Listyani
Keyword(s):  
Academic Writing ◽  
Research Question ◽  
Online Communication ◽  
Central Research ◽  
Student Interactions ◽  
Male And Female ◽  
Face To Face ◽  
Peer Reviews ◽  
Digital Era ◽  
Use Of Technology

We are living in a digital era in which everybody who is not participating will be left behind. Yes, that is true. We are all chased by the rapid changes of this era, and we are running faster and faster to catch up with the latest technology. It seems as if we are all haunted to go deeper and deeper into the “tunnel of the digital era”. The same thing happens in the world of education. However, if we notice more closely, there are still some aspects that can be done directly without necessitating the use of technology. One example is student-student direct interactions. Technology can be used to facilitate peer assessments, not replace student-student interactions. One central research question to be answered in this paper is: What are male and female Indonesian students’ points of views towards peer reviews? Despite all the sophisticated technology we are all exposed to in this era, peer feedback should still be done directly with real, face-to-face communication in a classroom setting. Indirect online communication or chatting through social media may cause a misunderstanding and misinterpretation of one’s ideas. Data for this study was taken from 39 students’ opinions in their journals. They were Academic Writing class students of the English Department of UKSW Indonesia, in Semester II, 2015-2016. Most students stated that direct and interactive face-to-face communication is still needed. It proves that digitation cannot replace everything. Real communication with real peers in the real - not cyber - world can enhance successful learning. The findings also reveal that differences were found between male and female students’ reactions or perceptions towards peer reviews.

scholarly journals Automated Feedback Is Nice and Human Presence Makes It Better: Teachers’ Perceptions of Feedback by Means of an E-Portfolio Enhanced with Learning Analytics

2021 ◽  
Vol 11 (6) ◽  
pp. 278
Author(s):  
Pihel Hunt ◽  
Äli Leijen ◽  
Marieke van der Schaaf
Keyword(s):  
Learning Analytics ◽  
Electronic Portfolio ◽  
Human Interaction ◽  
Web Based ◽  
Teachers Perceptions ◽  
Use Of Technology ◽  
Group Interviews ◽  
Automated Feedback ◽  
Development Course

While there is now extensive research on feedback in the context of higher education, including pre-service teacher education, little has been reported regarding the use of feedback from teachers to other teachers. Moreover, literature on the potential advantages that the use of technology, for example electronic portfolios and learning analytics, has in improving feedback in the in-service workplace practices, is also sparse. Therefore, the aim of this exploratory case study was to explore how in-service teachers perceived the peer feedback they received and provided through a web-based electronic portfolio during a professional development course carried out in their workplace. Questionnaire and interview data were collected from 38 teachers who received feedback through a learning analytics enhanced electronic portfolio and from 23 teachers who received feedback only by the electronic portfolio. Additionally, one individual and four focus group interviews were conducted with 15 teachers who were the feedback providers. Several common topics were identified in the interviews with the feedback receivers and providers, involving the benefits and challenges of human interaction and the flexibility of the feedback process that the electronic portfolio offered. The results also revealed better feedback experience within the group of teachers who received extra feedback by means of learning analytics. It is concluded that although an electronic portfolio provides a useful tool in terms of flexibility in the provision and receipt of feedback, the need for human interaction was acknowledged.

Strategic Communication in the C-Suite

2017 ◽  
Vol 54 (2) ◽  
pp. 146-160 ◽  
Author(s):  
Paul A. Argenti
Keyword(s):  
Big Data ◽  
21St Century ◽  
Elevated Level ◽  
Research Question ◽  
Strategic Communication ◽  
Central Research ◽  
Corporate Communications ◽  
Leadership Communication ◽  
The Past ◽  
Communication In Organizations

This article explores the ways in which C-suite executives are using corporate communications to execute strategy. Over the past two decades, we have seen a profound shift in how leaders view communications within organizations. This shift has moved from a tactical and superficial focus (speech writing, media placements) to a more strategic and elevated level (developing and implementing strategy through communication, sophisticated measurement using big data to understand constituencies and influence reputation). Thus, the central research question in this article is focused on the following theme: “How do leaders use communications to execute strategy in the 21st century?” Through a review of current literature on the topic and synthesis of both published and newly conducted interviews, the article provides a snapshot of leadership communication in organizations today as it relates to the execution of strategy.

scholarly journals Pandemic challenges and models of democracy

2021 ◽  
Vol 11 (3-4) ◽  
pp. 196-205
Author(s):  
Leszek Koczanowicz
Keyword(s):  
Research Question ◽  
Democratic Society ◽  
Social Solidarity ◽  
Central Research ◽  
Democratic Development ◽  
Democratic Societies ◽  
Political Form ◽  
The Impact ◽  
Models Of Democracy

Abstract This article examines the impact of a pandemic on democratic societies. The central research question is the extent to which a pandemic can alter the trajectory of social and ethical democratic development nationally and internationally. Therefore, the article examines contemporary controversies in democratic society in the aftermath of a pandemic. The leading hypothesis is that the pandemic should reinforce the need for social solidarity, but it is unclear what political form this need will take: populism or deliberative/nonconsensual democracy.

scholarly journals The Tyranny of Distance: Clinical Legal Education in ‘The Bush’

2014 ◽  
Vol 2 ◽  
pp. 64
Author(s):  
Jeff Giddings ◽  
Barbara Hook
Keyword(s):  
New Technology ◽  
Legal Education ◽  
Law School ◽  
Legal Services ◽  
Remote Areas ◽  
Learning Network ◽  
Partnership Development ◽  
Legal Advice ◽  
Clinical Program ◽  
School Learning

<p>This paper analyses the challenges faced by clients, students and teachers involved in a clinical program which uses new technology to deliver legal services in remote areas of Southern Queensland, Australia. A range of novel issues were addressed by Griffith University Law School, Learning Network Queensland and Caxton Legal Centre in their partnership development and delivery of this clinical program which involves the use of audio-graphics conferencing to enable students to provide legal advice and assistance to people hundreds of kilometres away. The ‘Advanced Family Law-Clinic’ program commenced in July 1999 with financial support from the Federal Attorney-General’s Department. The paper considers the range of issues which arose in development of the program.</p>

scholarly journals The State of Play: An Exploration of Games and Their Value in  museum Exhibitions

2021 ◽  
Author(s):  
◽  
Anton Berndt
Keyword(s):  
Research Question ◽  
Museum Studies ◽  
Theory And Practice ◽  
Successful Implementation ◽  
Central Research ◽  
Contemporary Culture ◽  
Museum Exhibitions ◽  
Research Findings ◽  
Museum Practice ◽  
New Museology

<p>In the field of museum studies there has been very little consideration of games and their application to exhibiting practice. This represents a significant gap in the theory on current museum practice given the frequency of games in exhibitions and the scale of the commercial games industry in contemporary culture. This study begins to redress this issue by exploring how a significant and influential museum operating within the paradigm of the new museology views the role of games in its exhibitions. The thesis considers the central research question: what do practitioners currently think about games in museum exhibitions and how could museum games be improved. Following an interpretivist methodology the study seeks to answer this question through a case study of the Museum of New Zealand Te Papa Tongarewa. Seven practitioners affiliated with this museum were interviewed about their understanding of games and their application in a museum context. The research findings illuminate the current understanding of games held by these practitioners and factors that inhibit the successful implementation of games at Te Papa. It was found that the practitioners’ opinions had not been influenced by the available theoretical literature on games. It was also found that practitioners thought games in exhibitions at the museum have not been particularly successful in achieving either the goals of exhibitions or the potential that games offer. It is concluded that the introduction of theories on play and on games into museum theory and practice has potential for significant advances in this area of exhibition development. In contemporary museums there is a shift away from presenting absolute, positivist understandings of knowledge toward the subjective, construction of meaning. Museums are also increasingly required to maintain economic efficacy while offering a valuable service to the populace. This thesis responds to this situation by proposing that a greater knowledge and utilisation of games in exhibitions offers a valuable approach in negotiating these two trends. By presenting an understanding of games, their potential value for museums and perspectives on what currently inhibits their successful application this research offers the field of museum studies a basis from which to develop knowledge of this under-theorised aspect of museum practice.</p>

Implementation of Digital Learning Objects as Innovation in the Classroom Activities

2021 ◽  
pp. 119-133
Author(s):  
Jolita Horbacauskiene ◽  
Brigita Janiunaite
Keyword(s):  
Research Question ◽  
Learning Objects ◽  
Technology Enhanced Learning ◽  
Digital Learning ◽  
Technological Advancement ◽  
Main Research ◽  
Classroom Activities ◽  
Use Of Technology ◽  
Teacher Training Programs ◽  
Digital Learning Objects

Recent and ongoing technological advancement has resulted in omnipresence of technology everywhere. More importantly, the use of technology has become characteristic of today's education. Pedagogy as it is traditionally understood is now changing more swiftly than ever before. Scholars suggest that such shift is natural and needed because Industry 4.0 requires the type of education that anticipates and meets its demands or helps to solve its challenges. Even though technology-enhanced learning (TEL) promises positive changes, the lifetime of the smaller TEL units, namely digital learning objects (DLOs), is not necessarily a long one. In scientific discourse, there is considerable criticism towards unsustainable use of technology and innovative teachers' practices. The main research question focuses on what peculiarities and, especially barriers, occur when teachers implement DLOs and what aspects should be highlighted in teacher training programs for the adaptation to be implemented successfully.

The Political Construction of a Coordinated Political Economy

2020 ◽  
pp. 1-14
Author(s):  
Philip Manow
Keyword(s):  
Economic Policy ◽  
Welfare State ◽  
Economic Performance ◽  
Research Question ◽  
The Other ◽  
The Political ◽  
Central Research ◽  
Economic Policies ◽  
The One

The first chapter motivates the book’s central research question: how did the German variant of capitalism emerge, and what today is its central functioning logic? The chapter argues that past and recent accounts of Germany’s economic performance and economic policy have failed to fully explain how long-term stable economic coordination could have evolved in as large a country as Germany, and that this has also translated into an often biased view of Germany’s current economic policies. The chapter sketches the basic argument of the book—namely that the German welfare state was the prime means of economic coordination for unions and employers, labor and capital—and situates it in two relevant literatures: the Varieties of Capitalism literature on the one hand and the Comparative Welfare State literature on the other. The chapter also presents an overview of the book.

Socially Embodied Human-Robot Interaction

2015 ◽  
pp. 169-190 ◽  
Author(s):  
J. Lindblom ◽  
B. Alenljung
Keyword(s):  
User Experience ◽  
Human Robot Interaction ◽  
The Body ◽  
Human Interaction ◽  
Future Research ◽  
Crucial Importance ◽  
Robot Interaction ◽  
Use Of Technology ◽  
Fundamental Challenge ◽  
Socially Interactive Robots

A fundamental challenge of human interaction with socially interactive robots, compared to other interactive products, comes from them being embodied. The embodied nature of social robots questions to what degree humans can interact ‘naturally' with robots, and what impact the interaction quality has on the user experience (UX). UX is fundamentally about emotions that arise and form in humans through the use of technology in a particular situation. This chapter aims to contribute to the field of human-robot interaction (HRI) by addressing, in further detail, the role and relevance of embodied cognition for human social interaction, and consequently what role embodiment can play in HRI, especially for socially interactive robots. Furthermore, some challenges for socially embodied interaction between humans and socially interactive robots are outlined and possible directions for future research are presented. It is concluded that the body is of crucial importance in understanding emotion and cognition in general, and, in particular, for a positive user experience to emerge when interacting with socially interactive robots.

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