Sentences with phrase «law upon technology»

The fault (the original sin) lies within the «stars» of our law schools, i.e., insufficient awareness created as to the many - faceted dependence of law upon technology.

Not exact matches

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China is looking to Germany and Denmark to supply the technology and the policy models upon which to base a new renewable - energy law, said Jie.
See further: (1) «The Dependence of Electronic Discovery and Admissibility upon Electronic Records Management,» Slaw blog, Nov. 22, 2013; (2) «Electronic Discovery — Sedona Canada is Inadequate on Records Management — Here's Sedona Canada in Amended Form,» (2011), 9 Canadian Journal of Law and Technology 135, by Ken Chasse («Chase»), LSUC & LSBC, in Toronto.
And therefore devices such as the following are used by law societies: (1) methods to control an alleged over-supply of lawyers; (2) «alternative legal services,» which are charity, simplistic services, and without the benefit of the solicitor - client relationship (pro bono services being but a very small exception, and possibly targeted legal services); and, (3) the sponsoring of «apps,» (the application of electronic technology to legal services), the effect of which upon the problem is unknown and unanalyzed, and can not solve any such access to justice problem.
There is inadequate understanding of the impact of technology upon the evidence that courts and tribunals deal with, and the need for evidentiary and procedural laws to be sufficiently flexible to deal with technologies that have different natures, uses, strengths, weaknesses and dangers.
As Chief Privacy Officer and VP of Legal Affairs at Evidon, a global technology company that produces governance, risk and compliance tools for data protection laws, at Evidon, he has plenty of experience to draw upon.
There is a price to be paid in necessary legal infrastructure of laws and courts if it is to provide adequate controls and safeguards for the technology upon which our lives are dependent and judges» decision are based; see: «Guilt By Mobile Phone Tracking Shouldn't Make «Evidence to the Contrary» Impossible» (pdf.; and see the summary, using the same title on Slaw, October 4, 2016).
In contrast, the present «handcraftsmen's» method of delivering legal services will produce ever - increasing costs because it doesn't use specialization as an on - process, in response to the law's ever - increasing complexity, volume, and dependence upon technology.
People can not deal with their legal problems without the help of lawyers because, the law is now too voluminous, complex, often based upon technology that must be understood, and requiring one to cope with the large volumes of electronic records made possible by the great automating power of electronic records technology (being the very technology that has created the prohibitively high cost of electronic discovery proceedings).
Therefore its only way of coping with the ever - increasing volumes of law, its complexity, and dependence upon technology, is by using the much more competent legal research resources described below.
And, as all societies become more dependent upon electronic records and information management technology, more federal, provincial, and territorial regulatory laws will be needed.
Even more dangerous to the rule of law: more such national standards will be required to serve the legislation that will be made necessary by our increasing dependence upon electronic records and information management technology.
Taking the pace of change in science, technology, population growth, commerce and finance from around 1830 as the pivotal time, nothing that religion could offer has been able to match the complexity of human need and its reliance upon laws.
And worse, the drafting committee of the 2nd edition of the «Sedona Canada Principles — Addressing Electronic Discovery,» will not compensate for the impact of the change (from pre-electronic paper records technology, to electronic records management technology) upon the efficacy of all laws concerning the use of electronic records as evidence.
To the contrary of Sedona Canada 2nd, electronic records management technology makes these 3 concepts more interdependent in law and necessary application: (1) the «system integrity concept» of the e-records provisions of the Evidence Acts; (2) the «proportionality principle» of electronic discovery proceedings; and, (3) the «Prime Directive» of 72.34: «an organization shall always be prepared to produce its records as evidence», i.e., records systems must always be kept in compliance with this national standard (otherwise, the e-records produced, and the adequacy of their production, should not be relied upon because, the quality of records system integrity determines the quality of records integrity — that is the «system integrity concept»).
His intent is «to analogously gather, post and comment upon smaller samplings of news, trends, resources and connections therein across a range of topics in technology, science, law, business and media.»
Dave has been called upon from Shanghai to New York City, from the Yukon to deep in the heart of Argentina by law firms and legal associations to address personal productivity, change management, technology implementation, career satisfaction, leadership development and the emerging discipline: online dispute resolution.
New Zealand Centre for ICT Law — The New Zealand Centre for ICT Law is a specialist centre which investigates, studies and considers the implications of ICT (Information and Communications Technology) within the context of law, technological developments and its impact upon socieLaw — The New Zealand Centre for ICT Law is a specialist centre which investigates, studies and considers the implications of ICT (Information and Communications Technology) within the context of law, technological developments and its impact upon socieLaw is a specialist centre which investigates, studies and considers the implications of ICT (Information and Communications Technology) within the context of law, technological developments and its impact upon socielaw, technological developments and its impact upon society.
Innovation will inevitably be thrust upon the legal profession by the mass proliferation of technology outside law, just wait.»
No law firm has the necessary degree of specialization of staff, legal materials used, re-use of previously created work - product, or scaled volumes of production, to be able to cope with rapidly expanding volumes of laws, complexity of laws based upon technology, and the masses of records created by the automating of records by electronic technology — every interaction, communication, and transmission that we have now, produces a record, which could be related to some legal service, and records are now the most frequently used kind of evidence in legal proceedings.
The three analogies: (1) whereas a pre-electronic paper record can be symbolized by a piece of paper in a file drawer, an electronic record is like a drop of water in a pool of water, i.e., it is completely dependent upon its ERMS for its existence, accessibility, and «integrity» (as that word is used in the electronic records provisions of the Evidence Acts; e.g. s. 31.2 (1)(a) CEA); (2) if expert opinion evidence were rendered admissible in the way that electronic records are, there would be no evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and injustice.
(4) the consequences of more laws based upon technology; and the fact that almost every electronic communication, interaction, and service automatically creates a record that is potentially evidence and relevant to some legal service.
(3) changing the strategy for reducing the cost of electronic discovery and admissibility proceedings, from the current «cutting costs by cutting competence» strategy of ignoring ERMS technology — the inadequate competence of case law to provide accurate results — to a strategy that does not deny the nature and dangers of the technology upon which such proceedings are based;
The text, The Sedona Canada Principles — Addressing Electronic Discovery is based upon the former, but the latter is required by the nature of electronic records and their ERMS technology and its consequences for the law.
Although the alleged white collar crime offenders may be extremely skilled and apt with technologies to commit such a crime, they may not be well versed in the criminal laws to ascertain the heavy penalties upon conviction.
[1] An inadequate understanding of technology makes the law based upon it inadequate and possibly damaging.
But if it is to make e-discovery and admissibility proceedings adequately respectful of the ERMS technology upon which they are based, it needs the formalization, recognition, and authority of law.
As a result, lawyers are called upon to educate themselves about project management, ediscovery, and other technology - based aspects of practicing law that have now become staples of the profession.
The legal profession must be constantly improving its services, in the form of maintaining their high quality in a situation wherein there is a need to provide increasingly more time delivering each service - more time because of: ( 1 ) the rapidly increasing volume of laws; ( 2 ) their greater complexity due inter alia, to the complexity of the technology upon which they are based and impacted; ( 3 ) the greater volume of technology to be understood; and, ( 4 ) the much greater volume of relevant electronic records to be coped with.
«During my fellowship, I look forward to implementing and expanding upon the technology and problem - solving skills I developed in the Law Clinic at Loyola University New Orleans and as a Graduate for Justice at Southeast Louisiana Legal Services.
As a full service national law firm, with strength across a wide range of practice areas, BLG's financial services and technology lawyers can seamlessly draw upon the legal expertise of all practice areas, including securities & capital markets, investment management, intellectual property, commercial litigation and tax.
As the nature of technology we rely upon in our day to day lives change, so has the law been required to change to adapt to this new world.
And so lawyers have to increase the price of legal services because more time is needed to produce them due to changing circumstances, i.e., the rapidly increasing volumes of law, their complexity, dependence upon technology, and the great volumes of records that electronic technology has made possible.
It would be devotion to a fault today, given the need for consolidation and codification of laws in compensation for their quickly growing volume, complexity, and dependence upon technology.
But the case law he had to apply, along with the other judicial writings he relied upon, all show a lack of understanding of records management technology.
Upon reading one of today's Slaw posts, How Technology Will Change the Practice of Law, it strikes me that many of the commentators place an extremely high value on technology as a driver of efficiency in lTechnology Will Change the Practice of Law, it strikes me that many of the commentators place an extremely high value on technology as a driver of efficiency in ltechnology as a driver of efficiency in legal work.
The above five poorly used laws and procedures in regard to such an important area of law and practice (as is the use of records as evidence), due to ignorance of the technology upon which such laws must be based, provide support for the proposition that sometimes laws are too important to be left to lawyers — lawyers without technical support.
Many more laws will be based upon technology, and they will have to be as complex as the technology they regulate.
One could, even today, spend weeks in a law library and not read one sentence on the impact of technology on the law, unless they stumble upon the IT law section.
But no longer can law societies expect that lawyers will know that technology and how to interpret, apply, and argue the laws based upon it.
To the contrary, those about to embark upon that journey confront: (1) the daunting cost of law school; (2) an average of $ 120K debt for attending; (3) a job market where, nationally, close to half of all graduates do not have Bar - required employment nine months after graduation; (4) a widespread market perception that law school graduates — even those from elite schools — lack «practice ready» skills; (5) cut - backs in hiring newly minted lawyers — even among many stalwart law firms; (6) an erosion of mentorship due in part to pressure on senior lawyers to «produce» more (7) the unlikelihood of making (equity) partner; (8) instability of law firms; (9) global competition; (10) technology companies creating products that replace services; and (11) a blizzard of negative press trumpeting the glum prospects for the profession; and (12) alternative career choices — finance, accounting, technology, etc. — that portend greener pastures and do not require the same time and financial commitment to prepare for entry.
«While law enforcement agencies should be able to utilize technology as a tool to help officers be safe and accomplish their missions, absent proper oversight and safeguards, the domestic use of cell - site simulators may well infringe upon the constitutional rights of citizens to be free from unreasonable searches and seizures, as well as the right to free association,» the report said.
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