Abstract It is no secret that many judicial systems across the globe are stumbling beneath a heavy burden of thousands of suits filed every year in court. The need to optimize the judicial system of England and Wales led Lord Justice Briggs to write a comprehensive report about the subject, in which he suggests the…
Legal Tech and EU Consumer Law
Abstract Legal Tech (LT) products and services automate certain tasks that lawyers usually perform. The use of these tools in business-to-consumer (B2C) markets create many opportunities for consumers and the justice system in general, but also raises concerns in terms of access to justice, choice and information, quality, fairness, redress and representation. This paper deals with…
Is Legal Education Over-Regulated or Under-Regulated?
Abstract Posing the challenges facing legal education as concerned with its under- or over-regulation is the wrong question. Instead, we need to cast fresh eyes on the question of legal education beyond the binary of over-and under-regulation. This paper identifies three inter-related factors that reveal the inadequacy of our long-standing discourse on the regulation of Australian legal education: the misapprehension as to…
A Conversation About Canadian Legal Education: Lakehead University and Dialogue Pedagogy
Abstract Through my experiences opening the first new law school in Ontario in 44 years, I have had time to reflect on my own teaching style and have employed what has been termed “Dialogue Pedagogy.” Using an auto-ethnography methodology in this paper, I will examine ways of teaching the law including the case-law system of…
The Pandemic Syllabus
Abstract A syllabus is a contract, an introduction, a statement of values, a todo list, a plan. It is often the point of first contact between professor and student, or between student and an area of law. Beyond the technological challenges, for many professors Fall 2020 was also the first-time coming up with a camera…
Keeping Lawyers’ Houses Clean: Global Innovations to Advance Public Protection and the Integrity of the Legal Profession
Abstract Around the globe regulators are rethinking the scope of their mandates and responsibilities. They are assuming more expansive roles rather than limiting their efforts to disciplining lawyers after misconduct occurs. This Article examines such regulatory initiatives in three areas. First, it discusses developments related to proactive management-based programs in which regulators partner with lawyers…
A Unified Theory of Data
Abstract How does the proliferation of data in our modern economy affect our legal system? Scholars that have addressed the question have nearly universally agreed that the dramatic increases in the amount of data available to companies, as well as the new uses to which that data is being put, raise fundamental problems for our…
Models of Law and Regulation for AI
Abstract This paper discusses models of law and regulation of Artificial Intelligence (“AI”). The discussion focuses on four models: the black letter model, the emergent model, the ethical model, and the risk regulation model. All four models currently inform, individually or jointly, integrally or partially, consciously or unconsciously, law and regulatory reform towards AI. We…
Moving Ahead: Finding Opportunities for Transactional Training in Remote Legal Education
Abstract This article builds on the many calls for teaching business acumen and transactional skills in law school with a timely insight: the shift to remote legal education creates opportunities to do so, in particular by incorporating practice problems and mini-simulations in doctrinal courses. Weaving together the literature on emerging best practices in online legal…
RegTech and Predictive Lawmaking: Closing the RegLag between Prospective Regulated Activity and Regulation
Abstract Regulation chronically suffers significant delay starting at the detectable initiation of a “regulable activity” and culminating at effective regulatory response. Regulator reaction is impeded by various impediments: (i) confusion in optimal level, form and choice of regulatory agency, (ii) political resistance to creating new regulatory agencies, (iii) lack of statutory authorization to address particular…