Courts, Litigants, and the Digital Age 2/e

Law, Ethics, and Practice

Overview

Courts, Litigants, and the Digital Age examines the ramifications of technology for courts, judges, and the administration of justice. It sets out the issues raised by technology, and, particularly, the Internet, so that conventional paradigms can be updated in the judicial context. In particular, the book dwells on issues such as proper judicial use of Internet sources, judicial ethics and social networking, electronic court records and anonymization techniques, control of the courtroom and jurors’ use of new technologies, as well as the Internet’s impact on judicial appointments and the diversity of the judiciary. The second edition includes discussion of current issues in this rapidly developing area, such as privacy protection, the “right to be forgotten,” cyber intimidation, freedom of digital speech, and litigant anonymity. Through examination of relevant practical, legal, and ethical issues, it endeavours to extract lessons from the developing issues surveyed and proposes forward-thinking approaches based on proportionality principles.

Reviews

"The issues raised in Courts, Litigants and the Digital Age will only grow more numerous as new technology and social media are created. Nonetheless, this is a book no judge should be without."

Mitch Kowalski, Financial Post book review (01/03/12)

Table of Contents

Acknowledgements
Preface
Introduction

Chapter 1: Framing the Issues
Chapter 2: A “Body of Precedent Written on the Wind?”: Wiki Courts, “Link Rot,” and Independent Judicial Internet Research
Chapter 3: The Open Courts Principle, Litigant Privacy, and Electronic Court Records
Chapter 4: “De-anonymization” and “Re-anonymization”: Why Traditional Assumptions No Longer Apply
Chapter 5: “Googling” the Judge and the Perception of Impartiality: Out-of-Court Speech, the Internet, and Judicial Ethics
Chapter 6: Facebook, Social Networking, and the Appearance of Impropriety: For Judges Less Is More
Chapter 7: Social Networking and Cyber Research Undermining the Jury System
Conclusion: A Final Word

Appendix
Table of Cases
Index
About the Author

Of interest...