Introducing AI, the lightsaber to the legal world! It glows with many possibilities, yet promises many dangers if wielded improperly. AI is capable of assisting with legal research, evidence gathering and drafting submissions, but further development is required for it to operate autonomously as an advocate.
The near universal accessibility of the internet in Australia has led to the simplification of many commercial activities such as retail banking and the lodging of tax returns. Conversely, navigation of the judicial system, which prior to COVID-19 had largely resisted digitalisation, remains a complex, expensive and daunting experience for most litigants. Despite the incremental acceptance of technology by the Australian judiciary, the experience of comparable common law jurisdictions suggests a transition to online courts is inevitable.
It is not a question of if, but when Artificial Intelligence (AI) will be widely deployed in judicial decision-making throughout the Australian legal system. Comparable common law jurisdictions have already begun to employ machine learning. In the USA, AI is used to estimate the risk of recidivism. The department overseeing New Zealand’s accident compensation scheme has recently committed to the nation’s charter regulating the use of algorithms in governmental decision-making.
Given that justice delayed is justice denied, many jurisdictions have turned to virtual courts as a response to the COVID-19 pandemic. The ‘conceptual idea of a judicial forum that has no physical presence but still provides the same justice services available in courtrooms...assessed online through videoconferencing and teleconferencing’ was forced into realisation. Critically engaging with COVID-era cases, this blog will explore the present challenges and opportunities surrounding virtual courts as well as its enduring implications on the legal sphere.
Before we look into the blockchain, we may first look at a beautiful Micronesian island named Yap. The currency on the island is stone money, which is a large doughnut-shaped stone weighing up to four tons. So how do they use it in trade? The Yapese people innovatively developed their monetary system that, without the physical transfer of such stones, they record each transaction throughout the tribe in their distributed ledger. Each family holds its own ledger and the majority of the ledgers validate a transaction.[1] It might sound a bit primitive, but in reality, it builds up a very trustworthy and verifiable system. A single person could not change or tamper the record because it exists not only between two parties but among everyone.
Natural Language Processing (NLP) is a subfield of artificial intelligence and linguistics concerned with the interaction between algorithms and human language. The role and characteristics of language fundamentally underpin the legal profession. Any algorithm capable of understanding, manipulating, and expressing language will have wide-ranging impacts for the legal profession. We will survey the developments of NLP, then analyse the short and long term implications for the legal profession.
The visage of Lady Justice guards the entrances of countless courtrooms around the world. But what if we were to replace Lady Justice’s blindfold with a virtual reality headset?
The legal system strives to uphold the core principles of the rule of law, procedural fairness and the presumption of innocence – all of which heavily rely upon the fair administration of justice by judges and juries in the courtroom. However, as the recent Black Lives Matter and Aboriginal Deaths in Custody protests have highlighted, prejudice against minorities has prevented these principles from being adhered to in legal systems around the world.
Every year, thousands of students across Australia enter their first ever law lecture feeling a mix of excitement and nervousness. Some feel it is the long-awaited beginning of their journey to becoming Australia’s next leading barrister, while others view it as just another boring day at university. One thing that is common among most students, however, is a desire to have a unique impact on the world, and to be more than just an average student.
Someone that has certainly exemplified what it means to be more than just a law student is Milan Gandhi. Milan is the Founder and National Director of The Legal Forecast, a not-for-profit run by early-career professionals who are entrepreneurially-minded and promote the importance of technology for effective legal practice.
Modern problems require modern solutions, as Justice Gibson recently discovered while delivering the preliminary judgment in Burrows v Houda [2020] NSWDC 485. In what may be one of the first Australian cases concerning the possibility of defamation by emoji (specifically a zipper face emoji on Twitter), the learned judge stated that “the nature of modern communications makes consultation of internet dictionaries, such as Emojipedia, a necessary step for the trier of fact who seeks to determine what the ordinary reasonable Twitter reader would make use of these symbols”.
It was difficult to ignore the controversy this statement stirred within the legal community two months ago. In his first White House address regarding the George Floyd Riots, the President threatened to invoke the powers provided in 10 U.S.C. § 251-255 ‘Insurrection Act’. This allows a President to deploy the US Military or federalised National Guard into states where insurrection has threatened constitutionally protected rights or legal order. While the debate was focused on whether the Insurrection Act could be used against the riots, little attention was given to another law which limits the President’s ability to domestically deploy the military for law enforcement.
For 12 years, a legal arrangement has restricted pop star Britney Spears’ autonomy over her personal and financial affairs.
Spears was placed under a conservatorship by the Los Angeles Superior Court in 2008 after experiencing public breakdowns.
Her father, Jamie Spears, has been her conservator since then but stepped down in 2019 for health reasons. He has been temporarily replaced by her manager, Jodi Montgomery.
So what is a conservatorship, and why are people demanding to #FreeBritney?
The desire to be selected for a clerkship seems to be shared ubiquitously among law students and aspiring lawyers in Australia. At the same time, because so many people end up applying for clerkships, not all applicants, including excellent applicants, can be accepted. This can create quite a bit of heartbreak and sorrow.
Joseph Black explores some alternatives for law students this break.
For every law student, we pride ourselves for being a part of Sydney Law School, from the high ATAR cut-off that creates so much tension on USyd Rants, to the sleek, modern, glass architecture of New Law and New Law Annex making landmarks on Eastern Avenue, to the vibrant SULS and the supportive teaching staff, no matter how much we complain about law school, we really love being a part of it.
More than 200 years after Immanuel Kant called for the protection of human rights under international law, the United Nations adopted a Charter unprecedented in human history, determined to save successive generations from the scourge of war. However, since its founding in 1945, the world has been plagued by war. The twentieth century saw two World Wars, a Cold War, and the mass extermination of six million Jews. If there was a chronicle on world history, the twentieth century would be its darkest chapter. From Syria, the worst humanitarian crisis since World War II, to Yemen, home to more than 12 million children on the brink of starvation, recent world events have reignited the hotly contested debate on humanitarian intervention.
Footnotes is a podcast by SULS hosted by students, for students, presenting new and intriguing stories about the law. Here are the highlights from their most recent interview with Gilbert + Tobin, featuring Kristie Barton (Clerk and Graduate Program Manager), Bryce Craig (Lawyer - Technology + Digital) and Lauren Ziegelaar (Legal Transformation Lawyer) about clerkships and graduate roles, how the delivery of legal services has changed in the face of new and innovative legal technologies, and the skills young lawyers need to equip themselves for the legal industry of the future.
From Argentina to Zambia, states are struggling to overcome the economic impacts induced by COVID-19.
Plummeting export demand and commodity prices are driving sub-Saharan Africa towards a projected GDP growth rate of -1.6%, the worst on record. Meanwhile, for the tourism-dependent haven of the Maldives, the evaporation of international travel is expected to halve the government’s total tax revenue this year. Compared to the start of 2020, when the IMF projected positive per capita income growth in 160 countries, the IMF is now warning that 170 countries could experience negative growth.
The SULS Social Justice Portfolio recently hosted the event ‘Working in Criminal Law’, discussing a variety of issues with professionals from the field of criminal law. The panel consisted of Ruth Heazlewood (RH) and Madeleine Avenell (MA) from the Public Defenders Office, Adrienne Ey (AE) and James Ly (JL) from the Office of the Director of Public Prosecutions NSW and Justin Wong (JW) from Streeton Lawyers. These were the highlights of the discussion:
The theme for Reconciliation Week 2020 could not be more apt. When Reconciliation Australia announced the theme in January, our sacred lands were ablaze, and we faced a national crisis of epic proportion. Our politicians argued back -and -forth on the cause of fires, while communities themselves were unified by the disaster. Attention turned to First Nations perspectives of sustainable land management which presented the opportunity to reinvigorate the dialogue for constitutional reform. However, another crisis has replaced this summer’s fires, affecting us on a global scale.
Ever seen ads for products you’ve literally just clicked away minutes ago, floating on your Facebook feed? Or suddenly flooded by cheap flights to Bali in Gmail and across a bevy of other websites after looking them up? This is the world of digital marketing, where every click, tap and hover are recorded and sold to advertisers.
