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 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.

ESRC Review

2020 ◽  
pp. 657-698
Author(s):  
Simeon J. Yates ◽  
Jordana Blejmar
Keyword(s):  
Social Research ◽  
Social Science Research ◽  
Research Work ◽  
Science Research ◽  
Wide Range ◽  
The Us ◽  
Levels Of Automation ◽  
The Uk ◽  
Technological World ◽  
Ways Of Being

Two workshops were part of the final steps in the Economic and Social Research Council (ESRC) commissioned Ways of Being in a Digital Age project that is the basis for this Handbook. The ESRC project team coordinated one with the UK Defence Science and Technology Laboratory (ESRC-DSTL) Workshop, “The automation of future roles”; and one with the US National Science Foundation (ESRC-NSF) Workshop, “Changing work, changing lives in the new technological world.” Both workshops sought to explore the key future social science research questions arising for ever greater levels of automation, use of artificial intelligence, and the augmentation of human activity. Participants represented a wide range of disciplinary, professional, government, and nonprofit expertise. This chapter summarizes the separate and then integrated results. First, it summarizes the central social and economic context, the method and project context, and some basic definitional issues. It then identifies 11 priority areas needing further research work that emerged from the intense interactions, discussions, debates, clustering analyses, and integration activities during and after the two workshops. Throughout, it summarizes how subcategories of issues within each cluster relate to central issues (e.g., from users to global to methods) and levels of impacts (from wider social to community and organizational to individual experiences and understandings). Subsections briefly describe each of these 11 areas and their cross-cutting issues and levels. Finally, it provides a detailed Appendix of all the areas, subareas, and their specific questions.

Punk as Folk: Continuities and Tensions in the UK and Beyond

2020 ◽  
Author(s):  
Pete Dale
Keyword(s):  
Folk Music ◽  
Music Making ◽  
Collective Creativity ◽  
Living Tradition ◽  
Wide Range ◽  
The Us ◽  
The Common ◽  
The Individual ◽  
The Uk

Numerous claims have been made by a wide range of commentators that punk is somehow “a folk music” of some kind. Doubtless there are several continuities. Indeed, both tend to encourage amateur music-making, both often have affiliations with the Left, and both emerge at least partly from a collective/anti-competitive approach to music-making. However, there are also significant tensions between punk and folk as ideas/ideals and as applied in practice. Most obviously, punk makes claims to a “year zero” creativity (despite inevitably offering re-presentation of at least some existing elements in every instance), whereas folk music is supposed to carry forward a tradition (which, thankfully, is more recognized in recent decades as a subject-to-change “living tradition” than was the case in folk’s more purist periods). Politically, meanwhile, postwar folk has tended more toward a socialist and/or Marxist orientation, both in the US and UK, whereas punk has at least rhetorically claimed to be in favor of “anarchy” (in the UK, in particular). Collective creativity and competitive tendencies also differ between the two (perceived) genre areas. Although the folk scene’s “floor singer” tradition offers a dispersal of expressive opportunity comparable in some ways to the “anyone can do it” idea that gets associated with punk, the creative expectation of the individual within the group differs between the two. Punk has some similarities to folk, then, but there are tensions, too, and these are well worth examining if one is serious about testing out the common claim, in both folk and punk, that “anyone can do it.”

scholarly journals Changing the rules of the game: some necessary legal reforms to United Kingdom intelligence

2009 ◽  
Vol 35 (4) ◽  
pp. 943-955 ◽  
Author(s):  
IAN LEIGH
Keyword(s):  
National Security ◽  
The Political ◽  
Legal Proceedings ◽  
Legal Reforms ◽  
Political Independence ◽  
The Us ◽  
Protection Of Human Rights ◽  
The Government ◽  
The Uk ◽  
Rules Of The Game

AbstractThis article argues that there is a need to modernise the law governing accountability of the UK security and intelligence agencies following changes in their work in the last decade. Since 9/11 the agencies have come increasingly into the spotlight, especially because of the adoption of controversial counter-terrorism policies by the government (in particular forms of executive detention) and by its international partners, notably the US. The article discusses the options for reform in three specific areas: the use in legal proceedings of evidence obtained by interception of communications; with regard to the increased importance and scle of collaboration with overseas agencies; and to safeguard the political independence of the agencies in the light of their substantially higher public profile. In each it is argued that protection of human rights and the need for public accountability requires a new balance to be struck with the imperatives of national security.

scholarly journals Adolescent Depression Screening: Not So Fast

2020 ◽  
Vol 10 (1) ◽  
pp. 59-69
Author(s):  
Edmund C. Levin
Keyword(s):  
Pharmaceutical Industry ◽  
Adolescent Depression ◽  
Conflicts Of Interest ◽  
Task Force ◽  
Third Party ◽  
Screening Tools ◽  
Depression Screening ◽  
The Us ◽  
National Organizations ◽  
The Uk

Background: Screening adolescents for depression has recently been advocated by two major national organizations. However, this practice is not without controversy. Objective: To review diagnostic, clinical, and conflict of interest issues associated with the calls for routine depression screening in adolescents. Method: The evaluation of depression screening by the US Preventive Services Task Force is compared and contrasted with those of comparable agencies in the UK and Canada, and articles arguing for and against screening are reviewed. Internal pharmaceutical industry documents declassified through litigation are examined for conflicts of interest. A case is presented that illustrates the substantial diagnostic limitations of self-administered mental health screening tools. Discussion: The value of screening adolescents for psychiatric illness is questionable, as is the validity of the screening tools that have been developed for this purpose. Furthermore, many of those advocating depression screening are key opinion leaders, who are in effect acting as third-party advocates for the pharmaceutical industry. The evidence suggests that a commitment to marketing rather than to science is behind their recommendations, although their conflicts of interest are hidden in what seem to be impartial third-party recommendations.

Passing the Baton:

2003 ◽  
Vol 3 (3-4) ◽  
pp. 191-195
Author(s):  
Jerry Dupont
Keyword(s):  
Digital Library ◽  
The Past ◽  
Wide Range ◽  
The Us ◽  
On Line ◽  
The Law ◽  
The Uk ◽  
Law Library

I work for the Law Library Microform Consortium (LLMC), a cooperative with some 900 participating members. Most are in the US, with a fair number in Canada and some in Australia, the UK and sixteen other countries. For over a quarter of a century LLMC has provided its member libraries with a wide range of legal titles, including much Commonwealth material, on microfiche. We grew hoary in that task, but have been rejuvenated in a new role. We've just launched an on-line digital library, LLMC-Digital, which will provide vastly enhanced access to our materials. The foundation for this endeavour is our backfile of 92,000 volumes (some 49-million page images) filmed during the past 27 years. To that base will be added every new title acquired in LLMC's future filming or scanning.

ICT INNOVATION IN CENTRAL GOVERNMENT: LEARNING FROM THE PAST

2000 ◽  
Vol 04 (04) ◽  
pp. 391-416 ◽  
Author(s):  
SALLY WYATT
Keyword(s):  
Communication Network ◽  
Central Government ◽  
Public Procurement ◽  
Data Communication ◽  
Third Party ◽  
Wide Range ◽  
Data Communication Network ◽  
Services Innovation ◽  
Voice Data ◽  
The Uk

This article examines two attempts to develop information networks by central government administrations in the UK and the US during the 1980s. These are examples of service innovations within public services, and can be viewed in the light of analyses of services innovation. They also mark a shift in public procurement, from acquiring a technology to purchasing services. The British attempted to develop a data communication network; the Americans attempted to develop an integrated voice, data and image communication network. Both networks were to be shared by different government departments and both were to be provided by a third-party supplier. The rhetoric and policy concerns behind these networks are similar to those expressed more recently in Britain by the new Labour Government. It is argued that these earlier attempts were unsuccessful because insufficient attention was paid to users, and because the systems were attempting to do too much. Not only were they expected to reduce costs and improve services, they were also intended to implement important elements of telecommunications and competition policies. Paradoxically, over-simplification of the systems, to make them comprehensible to a wide range of actors, may have contributed to their failure.

Conspectus in the United Kingdom

1989 ◽  
Vol 1 (1) ◽  
pp. 51-59 ◽  
Author(s):  
Ann Matheson
Keyword(s):  
Endangered Species ◽  
British Library ◽  
National Library ◽  
Search System ◽  
Research Libraries ◽  
The United Kingdom ◽  
Wide Range ◽  
The Us ◽  
Subject Areas ◽  
The Uk

Conspectus started in the US where it is used as a means of distributing responsibilities by consensus within a group of research libraries. The main issues are the identification of Primary Collecting Responsibilities (PCRs) for subject areas and the identification of ‘endangered species.’ In the UK the British Library's programme and the Conspectus in Scotland programme have been completed and the National Library of Wales hopes to complete its own programme in 1989. Elsewhere in the UK the reaction to Conspectus has been generally cool. The British Library has created an online Conspectus search system which allows UK Conspectus information to be interrogated via a wide range of access points. Conspectus information may also have potential for identifying priorities for collaborative programmes for preservation and retrospective conversion. The Scottish group is now hoping to examine this area in some detail.

Who attended and presented at EGU General Assemblies 2015-2019?

2021 ◽  
Author(s):  
Johanna Stadmark ◽  
Claudia Jesus-Rydin ◽  
Daniel J. Conley
Keyword(s):  
Descriptive Statistics ◽  
General Assembly ◽  
Governing Body ◽  
Diversity And Inclusion ◽  
Wide Range ◽  
The Us ◽  
The Uk ◽  
Oral Presentations ◽  
Demographic Evolution

<p>The first step for institutions committed to equality, diversity and inclusion is to know their demographics. This presentation includes descriptive statistics for 5 consecutive years (2015–2019) based on paid registrations to the physical EGU General Assembly. EGU data is not perfect nor complete, but provides an insightful overview of who attended and presented at the EGU General Assembly for a period of 5 years.</p><p>In total more than 71 000 participants attended the EGU General Assemblies during the years 2015-2019 from a wide range of countries. More than 11400 (16%) of the participants were from Germany, followed by almost 6400 (8.9%) from the UK, 5300 (7.4%) from France, 5000 (7.0%) from Italy, 4600 (6.5%) from the US, and 3500 (4.9%) each from Austria and China. We found that the number of participants to the EGU General Assembly has increased continuously from 2015 to 2019 and that the largest proportions of participants are aged between 26 and 45.</p><p>Among the PhD students attending there are 7 females for every 10 males, and among the regular members there are around 4 females for every 10 males. The proportion of female participants decreases with increasing age. However, the ratio of females to males among participants has continuously increased from 0.48 in 2015 to 0.51 in 2018. Four countries had more females than males attending the EGU General Assembly (Bulgaria, Morocco, Iceland and Slovenia).</p><p>There are great possibilities to present one’s research at the meetings with ninety percent of the participants as first author on presentations (2015-2018, 94% 2019) and there was no difference between females and males. More than half (52-61%) of the male participants had oral presentations, while slightly fewer (46-52%) of the female participants had oral presentations. The major differences in oral presentations are found between participants from different countries. Note that the data do not reveal the participants’ preferred choice of presentations, only the outcome at the meetings. Around 70% of the participants presented a poster, with no differences between genders, which indicate that men had more presentations than women. On average males had 6.5% more presentations per person. Finally a slightly higher proportion of the male participants were convenors (15-18% versus 12-15% for females).</p><p>EGU General Assembly is the largest geosciences conference in Europe and still growing. Understanding the demographic evolution of various groups is a critical tool for EGU governing body to draw targeted actions ensuring that procedures are fair and that all in the community are being and feeling included.</p>

scholarly journals Why Virtual-World Economies Matter

1970 ◽  
Vol 2 (4) ◽  
Author(s):  
Mandy Salomon ◽  
Serge Soudoplatoff
Keyword(s):  
New York ◽  
Virtual World ◽  
Real Life ◽  
Special Edition ◽  
University Of Texas ◽  
Upstate New York ◽  
Wide Range ◽  
The Us ◽  
The Uk ◽  
The University

In this special edition on virtual-world goods and trade, we are pleased to present articles from a global cohort of contributors covering a wide range of issues. Some of our writers, such Edward Castronova, Julian Dibbell or KZero’s Nic Mitham will be well known to you as distinguished leaders in the field, but it is equally our pleasure to introduce exciting new voices. Here you will find pieces written by academics, practitioners, journalists, a documentary filmmaker and perhaps the youngest contributor to JVWR yet, Eli Kosminksy, who attends high school in upstate New York. We would also point out that this issue extends its format to include Anthony Gilmore’s pictorial story, Julian Dibbell’s audio interview, and Lori Landay’s machinima. In real life, most contributors live in the US, the UK and Europe, and we, the editors, are based in Australia and France. We express warm thanks to the team at the University of Texas, especially to Jeremiah Spence, our editor–in-chief for his guidance throughout this process. We begin with our own thought piece, which is designed to contextualise the deeper contents herein by way of plotting the virtual goods path and placing some historical sign posts along the way.Mandy and Serge

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