Justice Beyond Dispute

24 Pages Posted: 13 Mar 2018

See all articles by Mary Anne Franks

Mary Anne Franks

University of Miami School of Law

Date Written: March 10, 2018

Abstract

This is a book review of Ethan Katsh and Orna Rabinovich-Einy’s Digital Justice: Technology and the Internet of Disputes. According to Katsh and Rabinovich-Einy, "disputes... are the collateral damage of innovation." While that may be true, it is also true that we do not all share the same risk of becoming collateral damage and that we do not share equally in the spoils of innovation. While the online dispute resolution approach championed in Digital Justice holds great promise for improving procedural justice in commercial and institutional transactions, its idealization of technology makes it unsuitable for resolving anti-social interactions facilitated by social media. The internet is currently overrun with violence, threats, revenge porn, propaganda, and conspiracy theories. These conflicts, which disproportionately burden women and racial, religious, and sexual minorities, are facilitated by powerful tech corporations with little incentive to pour their considerable resources into eliminating them. Resolving or preventing these disputes requires the rejection of technological determinism and engagement with the reality of consent, power, labor, and compromised intermediaries.

Keywords: google, twitter, intermediaries, facebook, technological determinism, online dispute resolution, wikipedia, bias, online harassment

Suggested Citation

Franks, Mary Anne, Justice Beyond Dispute (March 10, 2018). Harvard Law Review, Vol. 131, p. 1374, 2018, University of Miami Legal Studies Research Paper No. 18-10, Available at SSRN: https://ssrn.com/abstract=3137787

Mary Anne Franks (Contact Author)

University of Miami School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States

HOME PAGE: http://www.law.miami.edu/faculty/mary-anne-franks

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