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Openlaws LAPSI2 meeting Amsterdam 4/9/14
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Transcript of Openlaws LAPSI2 meeting Amsterdam 4/9/14
OpenLaws.eu - access to lawProf. Chris MarsdenLAPSI24 September 2014
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Expanding open innovation to lawIntroducing mass-customization to lawProposing a comprehensive European “Big Open Legal Data” (BOLD) Vision 2020
for incremental implementation, built on top of existing EU and national systems and
content (e.g. EUR-Lex, e-Justice System, e-Codex).
Chris Marsden (Sussex)
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Developing BOLD ICT PlatformLaunch of:a. dedicated legal EU social networks.b. a hub for open access legal journals. Promote open data, open access publications, and open standards (e.g. ELI, ECLI) in the legal field.
Contribute to Open Innovation Strategy/Policy Group (OISPG)
Chris Marsden (Sussex)
Chris Marsden (Sussex)
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Developing big online legal dataFree Access to Law movement (FALM)
online case law via BAILII in the UK Legal Information Institutes (AustLII, Cornell etc.)
#GoodLaw online statutes expanded rapidly, crowdsourcing ideas for #goodlaw
Online legal education and research BILETA since 1985 Electronic Law Journals project at Warwick
EJLT – now Script-ed + IJoC at USC many US law journals
Journal of Open Access to Law (JOAL) est. 2014! publishing books via Creative Commons: Marsden 2010
Chris Marsden (Sussex)
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Greenleaf (2011, 2012) identifies 6 historic phases to achieve FALM
1. Example set by the LII (Cornell) and LexuM in early 90s 2. AustLII’s 1995 formulation: obligations of official
publishers3. 2002 Declaration on Free Access to Law 4. ‘Guiding Principles’ for States formulated by 2008
expert meeting convened by Hague Conference on Private International Law
5. ‘Law.Gov principles’ developed by Public Resources.org in 2010; and
6. draft Uniform Electronic Legal Materials Act recommended in 2011
1. US National Conference of Commissioners of Uniform State Laws
Chris Marsden (Sussex)
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Is your Ministry of Justice ready for (r)evolution?#Goodlaw
radical crowd-sourced legislative approach
Open Data Very fashionable amongst G8 countries etc. Implementation more patchy than general
UK: BAILII and Supreme Court reforms; Society for Computers and Law trying hard
Computers and Law is open – it can be done
But we really need a pan-European approach
Chris Marsden (Sussex)
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Why not build a smartphone app for lawyers?
Already done using open case law, statute, articles
Where? Austria RIS:App Why not here? Why not everywhere?
Chris Marsden (Sussex)
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Team – note Andres Guadamuz CC licence expert
Institution Name
UVAmsterdam Prof. Radboud G.F. Winkels
Prof. Mireille van Eechoud LAPSI2.0
Sussex Prof. Chris MarsdenDr Andres Guadamuz CC4.0
London School of Economics
Dr. Paolo DiniDr. Shenja van der Graaf BXLDr. Antonella Passani ROMA
ALPENITE - developers
Giulio MarconGianluigi Alberici
SUAS Prof. Thomas HeistracherDI (FH) Thomas Lampoltshammer
BYWASS Dr. Clemens Wass, MBL, MBA
Report No. D1.2.1 – EU Case StudyVersion 1.0 DRAFT FOR COMMENT NOT ATTRIBUTION
Chris Marsden (Sussex)
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Mapping Open Law
Mapping of stakeholders, processes in legal information
production and consumption levels of regulatory instruments
flows of content, rights, value.
4 Case Studies Assessing barriers to adoption of open
access to legislation, case law, commentary
Developed over 18 months EU Netherlands UK Austria Final synthesis report on BOLD
EU first draft case study European institutions' provision of free
access to European Union law, cases, legislation, regulation, academic-
expert analysis. Month 4, contingent; will be revised. Key functionalities of existing legal
publishing system are summarized and described.
Case studies: key socio-economic & legal aspects
Illustrate main functionalities, structure & operation. analysis of social, legal and market
requirements. informed by key informant interviews. supported by literature review of existing
information systems legal databases (M6), workshops (including LASPSI2 workshop)
Breadth of stakeholders interviewed is broadExperts from: Academia, Non-Departmental Public Bodies (NDPB),
trading funds, private entrepreneurs, corporations, standards bodies, non-governmental organizations and government policy officials with both domestic
and international responsibilities.
Soft Systems Methodology (SSM) framework identify the key components of the problem provide key specifications for system to be built, combination of
desk research, in-depth interviews, and focus groups.
Rich multimedia flowcharts and other illustrative material will be used in further drafts to describe problem in context of SSM approach to facilitate discussion between user and development
communities.
Publication of draft case studies & final comparative report dissemination and feedback mechanisms both on-line
(e.g. via open access websites, promotion via social media and comment promotion)
offline (via workshops and conferences) to create a close expert panel
constructive critique for future iterations of reports, final version published M24 conclusion of project.
CAMPOAdaptation of standard socio-legal framework Context
Environment of community/organisation/market Actors
Publishers, official document providers, users Methodology
Including both open and closed access Practices
Including user experience, litigation/regulation Outcomes
Including market, regulatory reform
CAMPO Description Added valueContext Initial part of the case study outlines the
overall context in which the community emerges/operates - type of legal informatics technology Systematic catalogue
of cases/actors/issuesActors What type of community is observed
(primary groups, market actors, user groups etc.)
Methods Investigation method: Details of procedures to map the case study and the techniques used to perform analysis (research design details + actual methods)
Catalogue of methodological approaches to investigate different communities
Practices Dynamics of interaction: Illustration of dynamics observed in each case study
Detailed insights on interplay
Outcomes
Summary of integration at EC level Conclusions, limits of analysis for member states
CAMPO DescriptionContext Programme of observation with legal community and
developers.Actors Office of Official Publications; EurLEX unit
Various regulator websites DG Justice
Multinational legal publishers (member state based –analysis in country case studies)
No Legal Information Institute for EU, start-up (EuroLII) in process.
Commentary provided by Brussels affiliates of international law firms + European law academics based in national universities
Methods Significant methodology challenges to researching this ‘community’, if European law can be said to have created a single community, as opposed to enabling several communities at national level with European coordination or at least input.
Relatively little academic empirical study of European legal informatics, until recently.
Ethical implications similar problems as national legal communities.
Practices Research conclusions must be provisional and transient.Outcomes
Further research needed to solve methodology problems for exploring environment.
European legal data born open: 1958 Official Journal policy Resources devoted to multi-lingual and multi-
national publication. development – and now redevelopment – of EUR-Lex
and efforts to integrate with national databases via N-Lex and now EUCases.
boosted by the stronger political commitment to open data in Commissioner Kroes’ Digital Agenda and the European Council October 2013 conclusions which contain a strong endorsement of open data, linked to the revised Public Sector Information (PSI) Directive.
This is shared by other major legal systems and governments’ wider commitments to open data, for instance the June ’13 G8 Open Data Charter.
European legal informatics space seems unique in at least seven respects
compared to our three country case studies.
1. Unprecedented multilingual economic and political area 4 original languages (French, German, Dutch,
Italian) precedent setting ‘Supreme Court’ worked in
French. The decision to make access to documentation
freely available at production and then no charge context of no developed market actors to challenge ‘super-nationalised’ state provision of
legal information and case law reportage.
2. The essential role of European law in creating the ‘acquis communitaire’
Political decision to make law widely available at below marginal cost To critical mass of advocates at national levels no serious resistance beyond budgetary
questions. comparison with bi-lingual European Court
of Human Rights presentation of case law, rather than national court systems.
Note linguistic diversity of EU and severe budgetary constraints of the ECHR system.
3. European law was pushing on an open policy door expansion occurred at the same time as
a massive expansion in European institutional competences and budget.
boom-bust cycle of many national legal reporting environments
far longer and more crisis-ridden history not an EU feature of resistance to wider
access to law.
4. EU law expanded rapidly concurrently with legal informatics Throughout the 1980s and onwards, development of EU law and legal databases
has been a largely happy marriage though with various standards-based and
institutional strains inevitable in system growing at rapid rate.
5. European precedent for national law leading to recognition of its power to influence
national legislation not only in its legal effect
salutary example of free access to the over-arching law in so many national legal fields.
European law is an example to national legislatures, courts and commentators.
The use of judgments as precedent setting has parallels with the ECHR system and also national common law systems with Supreme Courts, such as England and the United States.
6. European court decisions and legislative reforms now affect 28 nations
Importance of effective communication of changes is evident (arguably more powerfully)
United States Supreme Court decisions have ‘ripple’ effects at state, municipal and regional levels in United States. Examples in the field of information law include the
‘Right to be Forgotten’ (sic) case of Google v. Spain (2014) , and Digital Rights Ire-land (2014) ,
which were the subjects of enormous immediate commentary at European and national levels.
7. Commentary: Law firms in Brussels and Luxembourg enormously well resourced
compared to national level in all but the largest jurisdictions.
case commentary is frequently rapidly and comprehensively supplied freely ‘loss leader’ to attract both national and
non-European clients to use the services of these highly
competent and highly marketed law firms.
Federal exception that proves the national rule Is European legal data so open to reuse and
access: ‘exception that proves the rule’? national systems hampered by legacies of
closed and restrictively licensed underfunded systems.
This will be a major research theme in national case studies.
European legal information not as widely reused and repurposed as US federal law, best of breed example to emulate where possible?
[email protected] @openlaws@ChrisTMarsden www.openlaws.eu