Table Of Content1
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Digital Justice
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Digital Justice
Technology and the Internet of Disputes
ETHAN KATSH
ORNA RABINOVICH-E INY
Foreword by
Richard Susskind
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Digital Justice. Ethan Katsh and Orna Rabinovich- Einy.
© Ethan Katsh and Orna Rabinovich-Einy 2017. Published 2017 by Oxford University Press.
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1
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© Ethan Katsh and Orna Rabinovich-Einy 2017
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Library of Congress Cataloging- in- Publication Data
Names: Katsh, M. Ethan, author. | Rabinovich-Einy, Orna, author.
Title: Digital justice : technology and the internet of disputes / Ethan Katsh and
Orna Rabinovich-Einy ; foreword by Richard Susskind.
Description: New York : Oxford University Press, 2017. | Includes bibliographical
references and index.
Identifiers: LCCN 2016051090 | ISBN 9780190464585 ((hardback) : alk. paper) |
ISBN 9780190675677 ((pbk.) : alk. paper)
Subjects: LCSH: Law—Data processing. | Information technology—Law and
legislation. | Technology and law. | Internet—Law and legislation. |
Computer networks—Law and legislation. | Torts.
Classification: LCC K564.C6 .K38 2017 | DDC 347/.0902854678—dc23 LC record available at
https://lccn.loc.gov/2016051090
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To Bev
To my parents, Efrat and Itamar Rabinovich
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CONTENTS
Acknowledgments xi
Foreword by Richard Susskind xiii
Introduction
1
“CONFLICT AS A GROWTH INDUSTRY”: HOW MANY DISPUTES
ARE THERE? 4
What Is New? 6
The Growth of Online Disputes 8
Proliferation of Disputes in the 1990s 10
The Blurring of Online- Offline Boundaries 11
WHY TRADITIONAL DISPUTE RESOLUTION DOESN’T WORK FOR
THE DIGITAL ERA 14
ONLINE DISPUTE PREVENTION 17
PART I ■ ONLINE DISPUTE RESOLUTION AND ACCESS
TO JUSTICE
1. Online Dispute Resolution and Prevention:
CHAPTER
A Historical Overview
25
THE HISTORY OF ONLINE DISPUTES 25
The Early Years 25
More Users, More Disputes 29
THE EVOLUTION OF THE FIELD OF ODR: FROM “ONLINE ADR”
TO ODR 33
From Tools to Systems 34
ODR Systems Design: The Dispute Resolution and Prevention
Triangle 37
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viii Contents
2. Access to Digital Justice
CHAPTER 39
ACCESS TO JUSTICE IN THE PRE- DIGITAL ERA 40
THE THREE WAVES OF THE ACCESS TO JUSTICE MOVEMENT 42
IMPROVING ACCESS TO JUSTICE THROUGH ODR 45
ONLINE DISPUTE RESOLUTION 46
ONLINE DISPUTE PREVENTION 51
PART II ■ BETWEEN DIGITAL INJUSTICE AND DIGITAL
JUSTICE
3. E- commerce and the Internet of Money
CHAPTER 57
THE ORIGINS OF E- COMMERCE DISPUTES 58
Resolving Disputes 62
Preventing Disputes 66
Another Story and Lesson 75
CONCLUSION 79
4. The Internet of On- Demand Healthcare
CHAPTER 81
GENERATING DISPUTES 82
RESOLVING DISPUTES 97
PREVENTION OF MEDICAL ERRORS AND PREVENTION OF
CONFLICT 103
CONCLUSION 107
5. The Challenge of Social and Anti- Social Media
CHAPTER 109
INTRODUCTION 110
CONFLICT AS A GROWTH INDUSTRY 113
DISPUTE RESOLUTION AS A GROWTH INDUSTRY 116
CONFLICT PREVENTION 125
CONCLUSION 130
6. Labor and the Network of Work
CHAPTER 131
TECHNOLOGY AND THE NEW WORKPLACE 133
GENERATION OF DIGITAL DISPUTES IN THE NEW WORKPLACE 136
DISPUTE RESOLUTION IN THE DIGITAL WORKPLACE 139
DISPUTE PREVENTION IN THE DIGITAL WORKPLACE 146
CONCLUSION 148
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Contents ix
7. ODR in Courts and Other Public Institutions
CHAPTER 149
GENERATING DISPUTES: NEW EXPECTATIONS BY CITIZENS,
NEW OBLIGATIONS OF PUBLIC INSTITUTIONS 150
DISPUTE RESOLUTION BY PUBLIC INSTITUTIONS: A FOCUS ON
COURTS 154
Technology as Case Management 155
E- government and Use of Technology by Courts 156
Technology as a Means for Transforming “Access to Justice” 156
ONLINE DISPUTE RESOLUTION IN COURTS 158
Early ODR Initiatives 158
Recent ODR Initiatives 159
DISPUTE PREVENTION BY COURTS AND PUBLIC
INSTITUTIONS 165
CONCLUSION 167
Conclusion: The Present and Future of Digital Justice and the
“Moving Frontier of Injustice”
171
LOOKING FORWARD 171
THE ROLE OF LAW AND COURTS 174
ADDRESSING THE DIGITAL JUSTICE GAP 177
Notes 181
Bibliography 219
Index 237
