Categories
Background Class Blog

The Rise of Design in Policymaking: In conversation with Verena Kontschieder

By Ayushi Vig, This was originally posted in our Medium publication Legal Design and Innovation

In Community-Led System Design, a Stanford Law School/d.school course this quarter, we are speaking with people working on systems- and policy-design projects, from a human-centered design perspective. One of our guests was Verena Kontschieder, a visiting research student at the Center for Design Research.

 
Verena at our class

Verena’s topic was the growing number of Policy Labs in governments and intergovernmental organizations — and how more policy-makers are using design approaches for better governance and systems change.

 
Verena’s talk, illustrated by Margaret Hagan

Design approaches to crop theft

Verena began her talk with a case study how design is coming into policy-making: regarding praedial larceny in the Caribbean subregion.

Praedial larceny is the theft of growing crops. It had been the most significant crime in the region for over two decades, with its rate of occurrence only rising.

At the international governance level, policymakers and the Food and Agriculture Organization had been conducting constant research on praedial larceny in efforts to reduce the problem. They found that only 45% of all cases were reported and traced. They interpreted this as being due to the inertia of the region’s police forces, which led to wide frustration and distrust among people. Still, however, they were not able to improve the situation, and the occurrence of PL continued to rise.

Three years ago, the FAO decided to try a new approach. Together with the World Bank, it worked with multiple NGOs, civil society organizations, and trade unions to conduct on-the-ground design work. These organizations interviewed hundreds of people who had been affected by and involved in praedial larceny in some capacity. Very quickly, they discovered that the problem was not the police; rather, it was a combination of shame and societal structure. People were not reporting cases of praedial larceny out of a fear of being marginalized, as the stigma of being an informant in that society was just too high.

This case study was significant for me because it vividly illustrated how research at the international governance level can fail to capture the reality of the people on the ground (such as for over 20 years in this example!). As Verena pointed out however, it is important to remember that both these approaches are valid, albeit in different contexts.

The rising Labscape

This case study also illustrates a shift in paradigm that is currently occurring worldwide. Verena called this a shift towards “labscapes”, i.e. policy labs working across landscapes while also acting as a “safe place to do dangerous things”. This lab movement is driven by academia, business, government, and the private sector, and has been particularly prominent since 2012.

 
Verena’s talk, illustrated by Margaret Hagan

These policy labs, such as the African Development Bank Policy Innovation Lab and the Laboratorio de Gobierno, are taking on different shapes and formats, but the nature of their existence is similar. They are all working to enable stakeholders to come together in a physical space in the face of complex policy changes in manners not addressable in traditional institutions, while at odds with traditional policymaking.

Verena also discussed her own Ph.D research, which consists of multi-sited case studies on policy labs at the international governance level, with the goal of examining the intersections of innovation, policy, and design.

 
Verena’s talk, as illustrated by Margaret Hagan

One of her key findings thus far is that there is an institutional vs. individual level break in the labspace. Policy and society are detached at various levels; policymakers and institutions lack transparency and often even direct accountability, and there is, as a result, a sore lack of institutional trust on behalf of citizens, who feel extremely alienated from these higher-up levels of governance.

 
Verena’s talk, as illustrated by Margaret Hagan

Verena emphasized that humility should be a key aspect of any design process — as designers and policymakers, it is important to know that we are fallible and no longer the experts. Rather, we need to be sourcing the experience and knowledge of communities directly affected by the issues we seek to tackle. Verena also raised the question of what the role of policy and policymakers should be, and whether it should just be one of enabling NGO’s and/or the private sector to tackle social problems.

 
Verena’s talk, as illustrated by Margaret Hagan

Verena ended by raising several thoughtful and important questions that are emerging from her research:

1. Are policy and political incentives misaligned? Is innovation possible in the absence of market incentives?

2. Are out-of-lab policy initiatives not innovative? If not, why is innovation not happening outside the lab?

3. As designers, should we strive to reformat entire organizational systems, or let design trickle down organizational hierarchies to produce meaningful change?

Categories
Ideabook System Evaluation

TSA Feedback service design at Dulles Airport

More analogous learning from airports, this time from Dulles — and all their feedback prompts and props right around the security experience. These are all posted around the TSA, for people who have just gone through their pre-flight screening, to get feedback on the experience.

Categories
Ideabook Wayfinding and Space Design

Service Help Centers in airports, based in JFK Delta airport terminal

I have been scouting out service design inspirations, particularly from airports, that courts could use. This one is from JFK airport, in the Delta terminal. I was very impressed with their service design. They had taken over an entire gate with a help center that had all kinds of touchpoints: paper, phone terminals, people, kiosks. There were multiple entry points and lots of capacity, so that people could self-sort depending on the magnitude of their issue, the speed they needed it resolved, and their comfort with tech.

Of particular interest: the Need Help card. Can we make these for all courts?

Categories
Dispute Resolution Ideabook

Before Small Claims Court prep app

A team from Justice Design at Osgoode Law’s Winkler Institute developed a prototype of an app that could prep people for small claims court, and take care of issues directly.

Going to small claims court can be nerve racking, costly and time consuming. #B4 Small claims is an online dispute resolution app that will help people resolve claims of under $2000 in a quick, efficient and user-friendly way! No more complicated forms!*

 

Categories
Ideabook Work Product Tool

Law Speak: language access app for small claims

Osgoode Law School’s Justice Design program created a prototype for Law Speak, a tool for people going through the small claims process who are not fluent in the dominant language.

LawSpeak empowers those who may not speak English as a primary language to navigate the small claims court process. This app translates documents, keeps them in one place and provide additional features like a location services option that will help you find your way to the courthouse.

Categories
Ideabook Training and Info

Legal Go augmented reality legal ed game

A team from the Winkler Institute’s Justice Design 2016 class created a game Legal Go, inspired by Pokemon Go, but for learning law. It’s a way to train lay people on what the legal system is and how it works, through a mixture of in-person adventures and on-the-phone characters, challenges, and rewards.

Their description:

Inspired by the Pokémon Go phenomenon, Legal Go is augmented reality legal education game that makes learning about the legal system fun and interactive. As you wander the city you can complete missions that will help you build skills in empathy, understanding the legal process, finding legal and community services, and resources.*

Categories
Current Projects Wayfinding and Space Design

Trends in Courthouse Design : a profile of new space designs

The National Center for State Courts has a 2004 article from Don Hardenbergh, president of Courtworks, on Trends in Courthouse Design :: Courthouse Facilities.

In the article, Hardenbergh profiles the move to use the space of courts to make the judicial system more accessible, navigable, and open to the public. It is because of the increasing focus on service design and customer-oriented services.

This means more spacious waiting rooms.

Better public information and signage.

More support for child care and entertaining environments for them.

Concern and protection for victims and witnesses.

More pleasant treatment of juries.

Easier access to information and services.

Interventions to reduce waiting times and lines.

This means more working spaces and areas for pro se litigants, in particular, as well as more working spaces and counters for people who are trying to carry out tasks.

 

Categories
Current Projects Integration into Community

East Bay Stand Down: coordinated services for at-risk veterans

East Bay Stand Down is a project offered in California in which at-risk and homeless military veterans can access all kinds of service help over four days. It includes medical and dental care, housing, driver’s licenses, court services, hygiene, and more.

Categories
AI + Access to Justice Current Projects Triage and Diagnosis

Houston.ai access AI

Legal Server has a project Houston.AI, a new set of tools that allows for smarter intake of people, finding of their issues, and referring them to the right support.

What?

Houston.AI is a web-based platform designed to help non-profit legal aid agencies more effectively serve those who cannot afford attorneys. Comprised of a series of micro-services leveraging machine learning, artificial intelligence and expert systems Houston.AI is designed to perform many of the simple and routine tasks that lawyers do throughout their day to serve clients.

Such services include:

  • Legal Issue Spotting
  • Entity Extraction
  • Document Analysis (using Computer Vision)
  • Tonal Analysis
  • Expert Systems to Analyze potential defenses or potential remedies
  • Attorney Necessity Scaling
  • Predictive Analytics (time and outcomes)
  • Intelligent Routing of Cases to Agencies or Attorneys (based on Open Referral)

Why?

In our war to provide meaningful access to justice, it is unrealistic to think that the current army of lawyers devoted to this cause could possibly address the overwhelming legal needs of the most vulnerable and underserved among us without a huge infusion of government funding, a highly unlikely scenario in today’s climate. As such, we must significantly change our strategy on the frontlines to exploit advances in technology.

Simply put: for many of the necessary but routine tasks that lawyers do every day, humans are too slow and too few compared to autonomous machines.

Achieving success on the (asymmetrical) battlefield requires careful coordination between generals (human lawyers) and a cavalry of autonomous foot soldiers (high-speed artificial intelligence applications, leveraging continuously advancing algorithms). In this sense, machine learning as envisioned by this project, is analogous to West Point, preparing and training Justice Bots to help individuals overcome access issues that so pervade the American judicial system.

In the end, these on-demand intelligent resources will allow lawyers to practice at the top of their license (i.e., in their highest and best roles as counselors and advocates) in a far more efficient and effective way, all the while empowering those in need through increased access and equipping them to make better choices, which is to everyone’s benefit.

Categories
Current Projects Professionals' Networks + Traiing

Pro Bono matching websites

Florida Pro Bono Matters is a website that allows for matching volunteer lawyers with cases.

It allows for legal aid groups to easily post cases from their case management system, to then be easily found, filtered, adn signed up for by lawyers.