Professors David Johnson and Beth Noveck
Seeks to train a new generation of lawyer, one
that commands software code and legal code. The lawyer in the digital age
must be able to conceive of the solutions to complex problems, not only in
traditional legal terms, but also with an understanding of how information
and communication work. Put another way, the new jurist has to translate
the values of law and social justice into the world of media, technology
and communication. Set against the backdrop of large-scale investment in
new information and communications technology in the public sector and in
the legal system, this course offers a hands-on approach to the emerging
law and practice of e-government and e-democracy. It is premised on the
belief that -government and e-democracy is not the domain of technologists
alone. Rather, because these technologies imply profound choices of law and
policy and shape the nature of social order, lawyers must be involved in
their design. The design of ICTs requires conscious choices about how we
want our political and legal institutions of the future to work. The new
generation of lawyers must be able to talk to the engineers if we are to
solve todays complex legal problems.
This is a full-year course
taught two days per week. On Day 1, we will study the law of e-government
and e-democracy, focusing on information access and privacy law, public
and private sector databases, national ID cards, citizen participation
laws, laws and rules relating to electronic filing and a wide variety of
legal rules and new technologies relating to the introduction of
technology into government, legislatures, courts, campaigns, social action
and law practice. On Day 2, we will work in teams on the design of civic
technology projects for real world clients. Projects include the design of
a new tool and the legal framework in which to implement it as well as a
business strategy. We will work on the intellectual property protection
and licensing of our projects and any necessary business agreements,
including software development con¬tracts, joint venture agreements
and financing documents. Teams will compete with each other under the
supervision of an attorney and technology mentor.