Legal departments play a pivotal role in the quality of contracts and contracting processes within an organization. This article reflects on current developments and innovations in contracting practice and their impact on the role of legal professionals and legal departments within organizations. Based on empirical research among legal professionals and legal departments in Dutch legal practice, the article positions contracts and contracting within the legal function of an organization and discusses developments in contract management, automated contract assembly and legal design and their potential impact on the role of legal professionals and legal departments. Finally, areas for future research are identified. Throughout the article, the focus is on large commercial organizations.
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Legal management is een nieuw vakgebied, dat de praktijkvan juridische professionals vanuit een organisatiekundigperspectief benadert. Binnen organisaties heeft legalmanagement het doel de kwaliteit van de juridische functiete optimaliseren. In deze unieke uitgave schetsen experts deontwikkeling van dit nieuwe vakgebied en gaan zij in op destand van zaken van het legal management in verschillendesectoren van de Nederlandse rechtspraktijk: de centrale endecentrale overheid, het bedrijfsleven en de advocatuur.Voor iedereen die geïnteresseerd is in de organisatie vanjuridische dienstverlening en juridische processen.
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This deaf-led work critically explores Deaf Tech, challenging conventional understandings of technologies ‘for’ deaf people as merely assistive and accessible, since these understandings are predominantly embedded in medical and audist ideologies. By employing participatory speculative workshops, deaf participants from different European countries envisioned technologies on Eyeth - a mythical planet inhabited by deaf people - centered on their perspectives and curiosities. The results present a series of alternative socio-technical narratives that illustrate qualitative aspects of technologies desired by deaf people. This study advocates for expanding the scope of deaf technological landscapes, emphasizing the needs of establishing deaf-centered HCI, including the development of methods and concepts that truly prioritize deaf experiences in the design of technologies intended for their use.
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Ivar Timmer (HvA) verkent de snel veranderende relatie tussen recht en technologie. Kunstmatige intelligentie, digital twins en legal tech bieden ongekende mogelijkheden voor de rechtspraktijk, maar brengen ook risico’s voor transparantie, kwaliteit en rechtvaardigheid. Timmer laat zien dat succesvolle innovatie meer vraagt dan slimme software alleen: management, organisatie en een kritische blik zijn minstens zo belangrijk.
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Recent years have seen a massive growth in ethical and legal frameworks to govern data science practices. Yet one of the core questions associated with ethical and legal frameworks is the extent to which they are implemented in practice. A particularly interesting case in this context comes to public officials, for whom higher standards typically exist. We are thus trying to understand how ethical and legal frameworks influence the everyday practices on data and algorithms of public sector data professionals. The following paper looks at two cases: public sector data professionals (1) at municipalities in the Netherlands and (2) at the Netherlands Police. We compare these two cases based on an analytical research framework we develop in this article to help understanding of everyday professional practices. We conclude that there is a wide gap between legal and ethical governance rules and the everyday practices.
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Organizations in legal practice, under pressure to do “more for less,” are searching for ways to automate legal work, to improve efficiency of legal service delivery. Automated drafting of contracts (or: contract automation) is one of the areas where technology is—partly—replacing legal professionals. In Dutch legal practice, the number of organizations that are actively deploying contract automation is still relatively small, but growing. This chapter looks at experiences with contract automation of organizations from various sectors in Dutch legal practice. Contract automation can improve legal service delivery to consumers and SMEs, as well as contracting processes within organizations. Several organizations report positive results. However, successfully implementing contract automation, especially for internal use within organizations, is not simple. Tight budgets, resistance to change and poor integration with other software are some of the problems that organizations may encounter. Generally, human and organizational factors are often at least as important as the technological aspects. Successful implementation of contract automation requires design thinking, a proactive approach and process-oriented (legal) professionals. Regardless of these difficulties, the use of contract automation software in Dutch legal practice can be expected to increase, due to several factors. The number of organizations that are offering contracts (and other legal documents) online to SMEs and consumers has grown rapidly over the last years. Contract automation is not only offered to consumers and SMEs by commercial parties, but also by branch organizations, as a service to their members. Consumers and SMEs will become used to these self-help solutions for legal matters. Legal publishers are also increasing the offering of automated contracts and other legal documents. In addition, law firms and consultants are promoting the use of contract automation within client organizations. Finally, many corporate organizations are increasingly exchanging experiences on improving legal operations and the use of Legal Tech, including contract automation. Eventually, increased use of contract automation may drive further harmonization of contracts within sectors and facilitate other technological applications, such as the automated analysis of contracts.
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The HCR-20V3 is a violence risk assessment tool that is widely used in forensic clinical practice for risk management planning. The predictive value of the tool, when used in court for legal decisionmaking, is not yet intensively been studied and questions about legal admissibility may arise. This article aims to provide legal and mental health practitioners with an overview of the strengths and weaknesses of the HCR-20V3 when applied in legal settings. The HCR-20V3 is described and discussed with respect to its psychometric properties for different groups and settings. Issues involving legal admissibility and potential biases when conducting violence risk assessments with the HCR-20V3 are outlined. To explore legal admissibility challenges with respect to the HCR-20V3, we searched case law databases since 2013 from Australia, Canada, Ireland, the Netherlands, New Zealand, the UK, and the USA. In total, we found 546 cases referring to the HCR-20/HCR-20V3. In these cases, the tool was rarely challenged (4.03%), and when challenged, it never resulted in a court decision that the risk assessment was inadmissible. Finally, we provide recommendations for legal practitioners for the cross-examination of risk assessments and recommendations for mental health professionals who conduct risk assessments and report to the court. We conclude with suggestions for future research with the HCR-20V3 to strengthen the evidence base for use of the instrument in legal contexts.
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Gouden tip: stem je dienstverlening af op de vraag van cliënten. Open deur? Nee, het gebeurt te weinig, zegt lector Toegankelijkheid van het recht bij Hogeschool InHolland, Ineke van den Berg. Met haar Basisboek Legal Design traint ze HBO-juristen in het toegankelijk maken van juridische diensten.
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In our highly digitalized society, cybercrime has become a common crime. However, because research into cybercriminals is in its infancy, our knowledge about cybercriminals is still limited. One of the main considerations is whether cybercriminals have higher intellectual capabilities than traditional criminals or even the general population. Although criminological studies clearly show that traditional criminals have lower intellectual capabilities, little is known about the relationship between cybercrime and intelligence. The current study adds to the literature by exploring the relationship between CITO-test scores and cybercrime in the Netherlands. The CITO final test is a standardized test for primary school students - usually taken at the age of 11 or 12 - and highly correlated with IQ-scores. Data from Statistics Netherlands were used to compare CITO-test scores of 143 apprehended cybercriminals with those of 143 apprehended traditional criminals and 143 non-criminals, matched on age, sex, and country of birth. Ordinary Least Squares regression analyses were used to compare CITO test scores between cybercriminals, traditional criminals, and non-criminals. Additionally, a discordant sibling design was used to control for unmeasured confounding by family factors. Findings reveal that cybercriminals have significantly higher CITO test scores compared to traditional criminals and significantly lower CITO test scores compared to non-criminals.
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