Working the Nexus: Teaching students to think, read and problem-solve like a lawyer

Despite a clear case for thinking skills in legal education, the approach to teaching these skills often appears to be implied in law curricula rather than identified explicitly. Thinking skills could be taught as part of reading law and legal problem solving. However, learning the full suite of thinking skills requires active teaching strategies which go beyond exposing students to the text of the law, and training them in its application by solving problem scenarios. The challenge for law teachers is to articulate how to learn legal thinking skills, and to do so at each level of the degree. This article outlines how the nexus between three component skills: critical legal thinking, reading law, and legal problem solving, can be put to work to provide a cohesive and scaffolded approach to the teaching of legal thinking. Although the approach in this article arises from the Smart Casual project, producing discipline-specific professional development resources directed at sessional teachers in law, we suggest that its application is relevant to all law teachers

Implicit Bias in the Criminal Justice System: An Economic Review

This project seeks to investigate implicit racial bias in the prosecution section of the criminal justice system and calculate its potential economic consequences. Combining past research and analyses of racial bias in other contexts with evaluations of legal rulings and precedents that hinder effective reform, potential areas for change and further study are identified. An experiment is designed to identify racial bias within the context of a drug offense where race and strength of evidence are isolated variables. Subsequent results are analyzed in the context of economic and social cost to both individuals and the United States as a whole

Closing the loop: assisting archival appraisal and information retrieval in one sweep

In this article, we examine the similarities between the concept of appraisal, a process that takes place within the archives, and the concept of relevance judgement, a process fundamental to the evaluation of information retrieval systems. More specifically, we revisit selection criteria proposed as result of archival research, and work within the digital curation communities, and, compare them to relevance criteria as discussed within information retrieval's literature based discovery. We illustrate how closely these criteria relate to each other and discuss how understanding the relationships between the these disciplines could form a basis for proposing automated selection for archival processes and initiating multi-objective learning with respect to information retrieval

Bringing self assessment home: repository profiling and key lines of enquiry within DRAMBORA

Digital repositories are a manifestation of complex organizational, financial, legal, technological, procedural, and political interrelationships. Accompanying each of these are innate uncertainties, exacerbated by the relative immaturity of understanding prevalent within the digital preservation domain. Recent efforts have sought to identify core characteristics that must be demonstrable by successful digital repositories, expressed in the form of check-list documents, intended to support the processes of repository accreditation and certification. In isolation though, the available guidelines lack practical applicability; confusion over evidential requirements and difficulties associated with the diversity that exists among repositories (in terms of mandate, available resources, supported content and legal context) are particularly problematic. A gap exists between the available criteria and the ways and extent to which conformity can be demonstrated. The Digital Repository Audit Method Based on Risk Assessment (DRAMBORA) is a methodology for undertaking repository self assessment, developed jointly by the Digital Curation Centre (DCC) and DigitalPreservationEurope (DPE). DRAMBORA requires repositories to expose their organization, policies and infrastructures to rigorous scrutiny through a series of highly structured exercises, enabling them to build a comprehensive registry of their most pertinent risks, arranged into a structure that facilitates effective management. It draws on experiences accumulated throughout 18 evaluative pilot assessments undertaken in an internationally diverse selection of repositories, digital libraries and data centres (including institutions and services such as the UK National Digital Archive of Datasets, the National Archives of Scotland, Gallica at the National Library of France and the CERN Document Server). Other organizations, such as the British Library, have been using sections of DRAMBORA within their own risk assessment procedures. Despite the attractive benefits of a bottom up approach, there are implicit challenges posed by neglecting a more objective perspective. Following a sustained period of pilot audits undertaken by DPE, DCC and the DELOS Digital Preservation Cluster aimed at evaluating DRAMBORA, it was stated that had respective project members not been present to facilitate each assessment, and contribute their objective, external perspectives, the results may have been less useful. Consequently, DRAMBORA has developed in a number of ways, to enable knowledge transfer from the responses of comparable repositories, and incorporate more opportunities for structured question sets, or key lines of enquiry, that provoke more comprehensive awareness of the applicability of particular threats and opportunities

Unconventional Methods for a Traditional Setting: The Use of Virtual Reality to Reduce Implicit Racial Bias in the Courtroom

The presumption of innocence and the right to a fair trial lie at the core of the United States justice system. While existing rules and practices serve to uphold these principles, the administration of justice is significantly compromised by a covert but influential factor: namely, implicit racial biases. These biases can lead to automatic associations between race and guilt, as well as impact the way in which judges and jurors interpret information throughout a trial. Despite the well-documented presence of implicit racial biases, few steps have been taken to ameliorate the problem in the courtroom setting. This Article discusses the potential of virtual reality to reduce these biases among judges and jurors. Through analyzing the various ethical and legal considerations, this Article contends that implementing virtual reality training with judges and jurors would be justifiable and advisable should effective means become available. Given that implicit racial biases can seriously undermine the fairness of the justice system, this Article ultimately asserts that unconventional de-biasing methods warrant legitimate attention and consideration

Organizationally Sensible vs. Legal-Centric Approaches to Employment Decisions With Legal Implications

This article is intended to: 1) alert human resource (HR) professionals to the risk that they, and the managers they serve, are unnecessarily contributing to the impact of legal considerations on the management of employees as a result of “legal-centric decision making”; and 2) provide information and guidance that will assist HR professionals in promoting better informed, more organizationally sensible responses to employment issues that have potential legal implications. The “legal-centric decision making” construct is introduced and illustrated, a model of the primary factors contributing to legal-centric decision making is presented, and keys to avoiding legal-centric decision making are identified and discussed

A model for digital preservation repository risk relationships

The paper introduces the Preserved Object and Repository Risk Ontology (PORRO), a model that relates preservation functionality with associated risks and opportunities for their mitigation. Building on work undertaken in a range of EU and UK funded research projects (including the Digital Curation Centre , DigitalPreservationEurope and DELOS ), this ontology illustrates relationships between fundamental digital library goals and their parameters; associated rights and responsibilities; practical activities and resources involved in their accomplishment; and risks facing digital libraries and their collections. Its purpose is to facilitate a comprehensive understanding of risk causality and to illustrate opportunities for mitigation and avoidance. The ontology reflects evidence accumulated from a series of institutional audits and evaluations, including a specific subset of digital libraries in the DELOS project which led to the definition of a digital library preservation risk profile. Its applicability is intended to be widespread, and its coverage expected to evolve to reflect developments within the community. Attendees will gain an understanding of the model and learn how they can utilize this online resource to inform their own risk management activities

CHORUS Deliverable 2.2: Second report - identification of multi-disciplinary key issues for gap analysis toward EU multimedia search engines roadmap

After addressing the state-of-the-art during the first year of Chorus and establishing the existing landscape in multimedia search engines, we have identified and analyzed gaps within European research effort during our second year. In this period we focused on three directions, notably technological issues, user-centred issues and use-cases and socio- economic and legal aspects. These were assessed by two central studies: firstly, a concerted vision of functional breakdown of generic multimedia search engine, and secondly, a representative use-cases descriptions with the related discussion on requirement for technological challenges. Both studies have been carried out in cooperation and consultation with the community at large through EC concertation meetings (multimedia search engines cluster), several meetings with our Think-Tank, presentations in international conferences, and surveys addressed to EU projects coordinators as well as National initiatives coordinators. Based on the obtained feedback we identified two types of gaps, namely core technological gaps that involve research challenges, and “enablers”, which are not necessarily technical research challenges, but have impact on innovation progress. New socio-economic trends are presented as well as emerging legal challenges