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Class on Legal Knowledge Based Systems at the Erasmus University Rotterdam the 19th of May 2010.
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Legal Knowledge Based SystemsErasmus University Rotterdam – 19 May 2010
Michaël van Leeuwen
Agenda
1. Labyrinth of information2. Software as a solution3. Difficulties with software4. New generation of tools5. How to design your application6. Example case7. Conclusions
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Legislation
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Explanatory Memorandum
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Case Law
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Local Legislation
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Although the information is accessible and agents can notify you when changes occur…
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…this information is great for the legal expertsbut not so great for everyone else.
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Labyrinth of ›rules›laws›articles›…
Information.
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Legal experts can translate basic information to:
›Made-to-measure advice›Information readable by the target audience
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Made-to-measure advice is expensive.
Lots of people are looking for specific answersfor their situation: more than just information.
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Agenda
1. Labyrinth of information2. Software as a solution3. Difficulties with software4. New generation of tools5. How to design your application6. Example case7. Conclusions
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Software-applications can offer made-to-measure answers and:
›Provide structure for all parties›Uniformity in decision-making›Transparancy›Large reach
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Software also makes sharing knowledge withcolleagues easier and can potentially
reduce costs and save time.
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Agenda
1. Labyrinth of information2. Software as a solution3. Difficulties with software4. New generation of tools5. How to design your application6. Example case7. Conclusions
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Main problems with software:
› Maintenance› Miscommunication
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Maintenance problem:
Legal information changes all the time. software = outdated
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Preventing software from being outdated:
› No static copy of, but dynamic links to info› Very active legal experts for structural changes
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Dynamic linking to information sounds nice,but what if the sources change their content?
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Legal experts can keep information up-to-date.Legal experts can’t keep applications up-to-date.
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…which leads to the next problem:
Legal experts and software engineers are not the best match in communication..
(to put it mildly).
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Agenda
1. Labyrinth of information2. Software as a solution3. Difficulties with software4. New generation of tools5. How to design your application6. Example case7. Conclusions
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Solution:
Put the legal expert in control
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..and (!) give him the right tools.
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Term often used is: business rule.
Core message = put the business in control of it’s own logic.
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The Berkeley Publisher aims to putexperts in control of their applications.
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Graphical drawing of decision trees.
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Adding questions,conclusions, documents
and calculations.
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Setting conditionsfor the decision tree.
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›Preserving links to the source information›Reusing elements›Direct online publishing
And much more…
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Example: RechtOp-wijzer.
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Behind the screen.
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Example: Algemene Voorwaarden.
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Example: Vergunningenloket.
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Agenda
1. Labyrinth of information2. Software as a solution3. Difficulties with software4. New generation of tools5. How to design your application6. Example case7. Conclusions
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Determine the scope of your application.What kind of target audience(s) do you have.Which conclusions are possible.What data do you need to reach those conclusions.
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Agenda
1. Labyrinth of information2. Software as a solution3. Difficulties with software4. New generation of tools5. How to design your application6. Example case7. Conclusions
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Is company X allowed to send mailing Y to person Z ?
Scope: Dutch rules & regulations on electronic B2C-spam asmentioned in art. 11.71 of the Telecommunicatiewet.
Target audience: Companies operating from Dutch territory.Possible conclusions: Allowed / Not allowed to send mailing.
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Required data: - Is it an automated system, a fax or electronic message? Yes: next question No: these regulations are not applicable
- Can you prove the receiving party has given authorisation for this digital mailing?
Yes: you are allowed to send this mailingNo: next question
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Required data: - Is the mailing about your own products or services and has thereceiver bought any of those in the past?
Yes: next questionNo: you are not allowed to send this mailing
- Did you offer the receiver the possibility to opt-out without any costs or obstacles when you first gathered his address?
Yes: next questionNo: you are not allowed to send this mailing
- Do you offer the receiver the possibility to opt-out without any costs or obstacles in every mailing?
Yes: you are allowed to send this mailingNo: you are not allowed to send this mailing
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(Simple and non-exhaustive yet showing the basics.)
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Agenda
1. Labyrinth of information2. Software as a solution3. Difficulties with software4. New generation of tools5. How to design your application6. Example case7. Conclusions
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Key success factors:
›Translation of information to application›Maintenance / agility›Change management
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Common objection to the automationof legal knowledge: “My knowledge
is too complex to put in an application.”
Innovative organisations disagree.
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The need for innovative legal experts is growing, fast.
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questions47 / 47 Legal Knowledge Management