It has been said that the only asset that a lawyer has is time. But the reality is that a lawyer’s greatest asset is information. The practice and the business of law is all about information exchange. The flow of information travels in a number of different directions during the life of a case. A client communicates certain facts to a lawyer. The lawyer assimilates those facts and seeks out specialised legal information which may be applicable to those facts. In the course of a generation there has been a technological revolution which represents a paradigm shift in the flow of information and communication. Collisions in the Digital Paradigm is about how the law deals with digital information technologies and some of the problems that arise when the law has to deal with issues arising in a new paradigm.
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1. Introduction 2. The Analytical Framework I. Introduction II. Elizabeth Eisenstein and the Qualities of Print III. Digital Information IV. Conclusion 3. The Transition to the Digital Paradigm—Analogies and Functional Equivalence I. Introduction II. A Historical Perspective III. Digital Writing IV. Change and Communication in the Digital Paradigm V. The Law’s Approach to Equating the Old with the New VI. Functional Equivalence VII. The Problem of Analogies VIII. Conclusion 4. Aspects of Internet Governance I. Introduction II. The Internet Governance Forum III. Technical Governance IV. Models of Internet Governance V. Conclusion 5. The Property Problem I. Introduction II. Information as Property—The Debate in the Digital Paradigm III. The British Commonwealth Approach IV. The United States’ Position V. Property or Cyberproperty VI. Conclusion 6. Recorded Law—The Twilight of Precedent in the Digital Age I. Introduction II. Law and Precedent in the Print and Digital Paradigms III. The Twilight of Precedent? 7. Digital Information—The Nature of the Document and E-discovery I. Introduction II. The Development of E-discovery Rules III. Common Themes in the Development of E-discovery in Asia-Pacific Jurisdictions IV. The Rules and Utilisation of Technology V. Conclusion 8. Evidence, Trials, Courts and Technology I. Introduction II. Orality and Physical Presence of Witnesses III. Facing Up to Change IV. Technology in Court V. The Next Phase VI. Using Technology to Change Process Models VII. Conclusion 9. Social Media I. Introduction II. What is Social Media? III. Social Media Meets the Law IV. The Googling Juror V. Lost in Translation—Interpreting Social Media Messages VI. Other Aspects of Social Media VII. Conclusion 10. Information Persistence, Privacy and the Right to be Forgotten I. Introduction II. Privacy Themes III. Privacy Taxonomies IV. Obscurity of Information—Practical and Partial Obscurity V. Judicial Approaches VI. The Internet and Privacy VII. Search Engines and Information Retrievability VIII. The Right to be Forgotten IX. A Right to Update? X. Conclusion 11. Reputational Harms I. Introduction II. The Publication Issue III. Google and Defamation IV. Linking and Publication V. Reputational Harms—Where Defamation Does Not Tread VI. Triaging Reputation VII. Conclusion 12. Conclusion I. The Qualities of Digital Information II. Governance of a Distributed, Dynamic, Changing Environment? III. Behavioural Change and Values IV. Old Rules in New Bottles—Seeking Consistency V. Volume, Dissemination and Availability of Information VI. Participation, Interactivity and the Message VII. Who Am I Online? VIII. The Message is the Medium—What the Law must Recognise
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This is a good, thoughtful book, packed with balanced insights.
This book provides a critical assessment of the impact of the new technologies on lawyers and the practice of the law.

Produktdetaljer

ISBN
9781509906529
Publisert
2017-03-23
Utgiver
Vendor
Hart Publishing
Vekt
761 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
424

Forfatter

Biographical note

David J Harvey, formerly a District Court Judge sitting in Auckland, New Zealand, is Director of the New Zealand Center for ICT Law a part-time lecturer in Law and Information Technology, both at the Faculty of Law, University of Auckland.