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ISBN: 9781552214206

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Courts, Litigants, and the Digital Age 2/e

Law, Ethics, and Practice

Courts, Litigants, and the Digital Age examines the ramifications of technology for courts, judges, and the administration of justice. It sets out the issues raised by technology, and, particularly, the Internet, so that conventional paradigms can be updated in the judicial context. In particular, the book dwells on issues such as proper judicial use of Internet sources, judicial ethics and social networking, electronic court records and anonymization techniques, control of the courtroom and jurors’ use of new technologies, as well as the Internet’s impact on judicial appointments and the diversity of the judiciary. The second edition includes discussion of current issues in this rapidly developing area, such as privacy protection, the “right to be forgotten,” cyber intimidation, freedom of digital speech, and litigant anonymity. Through examination of relevant practical, legal, and ethical issues, it endeavours to extract lessons from the developing issues surveyed and proposes forward-thinking approaches based on proportionality principles.


Karen Eltis

Karen Eltis is a law professor specializing in Internet law and policy (privacy and data security), comparative law, and democratic governance. She is a tenured professor at the Faculty of Law of the University of Ottawa, Canada (Section de droit civil), the former co-director of the Centre for Law, Technology and Society, and director of the Human Rights Centre. Professor Eltis is also an associate adjunct professor and visiting scholar at Columbia Law School in New York, where she focuses on the impact of new technologies on constitutional rights. She served as senior advisor to the National Judicial Institute where her focus was bijuralism, technology, and ethics. Fluent in French, English, Hebrew, Romanian, and Spanish, Professor Eltis holds law degrees from McGill University, the Hebrew University of Jerusalem, and Columbia Law School (Harlan Fiske Stone Scholar). She clerked for Chief Justice Aharon Barak of the Supreme Court of Israel. Prior to joining the faculty at the University of Ottawa, Professor Eltis was a litigation associate in New York City, practising in the area of international dispute resolution.

Chapter Title Contents Contributors Pages Year Price


Guidance to judges, litigants and lawyers regarding practical, legal and ethical issues of privacy in the context of technological advances regarding access to digital information. 16 $1.60


Overview of the issues arising from the interplay between technology and judging. 8 $0.80


Examination of issues relating to judicial use of online information. 40 $4.00


Analysis of the effect on privacy from increased access to digital information. 27 $2.70


Examination of how “anonymized” information within court documents can be “re-identified”. 7 $0.70


Assessment of how technology, specifically the Internet and social networking, affects the scope and substance of acceptable judicial activities out of court. 23 $2.30


Discussion of social media practices and policies for judges in the United States and Canada. 27 $2.70


Analysis of the effect of juror social networking and cyber research on the validity of jury verdicts. 12 $1.20


Suggestion for using existing frameworks to protect privacy, maintain access to justice, and prevent disinformation in the context of technological advances. 3 $0.30


Copy of a memorandum to Chief Judges of United States Courts regarding guidelines for judges and their staffs regarding the use and preservation of cited Internet data. 6 $0.60