Categories
Current Projects

Designing a Usable Online Privacy tool

I am working with a team at Carnegie Mellon to create more Usable Privacy Policies. One of the main deliverables we’re creating is a plugin for web browsers, that shows the user information about the site that they’re on. The goal is to present information about the site’s legal and privacy policies in compelling ways, so the person visiting the site will be a more critical consumer of it.

The plugin would be an intervention just-in-time, as the user has arrived on a site & is assessing whether she wants to stay there, explore it some more, or give it her usage data if not also subscription. How do we help her be smart about whether she wants to use that site & accept its privacy practices?

Privacy Policy design  user journey

Back in May, I worked with one other leader of this project, Pedro Leon who is a fellow at Stanford Law School’s Center on Internet & Society, did a design sprint to create sketchy mock-ups of what some different browser plugins might look like. Our goal was to create paper mock-ups of possible browser interfaces, that we could do some quick testing with on that day, and then refine them into proper digital mockups to test in focus groups and online.

Usable Privacy policy - workshop work

We tried to capture a range of different messages, compositions, moods, and hierarchies. For our first round of designs, our concepts ranged from the hyper-complex to the hyper-simple. Our main line of variables was along how much information we presented.

User Interface for Privacy Policy spectrum - variables from super clean to hyper detailed

We also were cognizant of possible variations in elements & composition that we could use in putting together possible plugins.

User Privacy Plugin design variables

And we also drew on some other inspiration & analogies for how we could present information like privacy ratings.

Usable Privacy Policies - plugin inspiration - Screen Shot 2015-05-11 at 6.03.43 PM Usable Privacy Policies - plugin inspiration - Screen Shot 2015-05-11 at 6.02.56 PM Usable Privacy Policies - plugin inspiration - Screen Shot 2015-05-11 at 6.02.46 PM Energy Label rating display

Mock-ups of possible privacy plug-in interfaces

Along the axis of simple to complex information, we created some very raw sketches of what a plug-in interface could look like.

Here’s the most simple: a single grade and some links to see what this grade actually looks like:

Usable Privacy Policy design project - IMG_20150512_143251.767

We didn’t necessarily think this super-simple grade would actually be the most effective or user-friendly interface, but our goal was to stretch our own imagination about what’s possible and divine the right amount of simplicity-information balance.

A slightly more complex interface (but still on the simple end of the spectrum) is a letter-score plus some more, very simplified markers of a score — emoji faces, a text description, or something that gives a very glanceable impression of ‘is this good or is this bad?’

Privacy Policy Design scoring

From these very stripped down designs, we started to get to more plausible, and richer designs — though we still tried to keep the amount of information to a relatively simple & digestible quantity. Here are some slightly more complex interface sketches.

This design is the Letter-Score plus 3 possible actions for the user to take in response:

Usable Privacy Policy design project - IMG_20150512_143309.943

The thought was to give a simple rating/assessment, combined with user choice to make it more actionable and empowering. We created a few more slightly complex variations of this theme: rating plus user choice.

Here is one design, with a Rating plus many User Choices — the emphasis is on a quick alert about the rating of the site, and then following up with a large menu of possible responses that the user is able to take in order to protect herself and send her preferences to the site and wider community.

Usable Privacy Policy design project - IMG_20150512_124718.470

We also created a collection of interfaces that give some more detail to the rating, pairing an overall score with a breakdown of sub-category scores.

Here is one Rating – Sub-rating – Action design:

Usable Privacy Policy design project - IMG_20150512_124633.135

And another Rating – Sub-rating – Action design, this time with sub-ratings on a scale (potentially with other competitor sites also featured on the scale to show comparisons):

Usable Privacy Policy design project - IMG_20150512_124621.241

And one last Rating – Sub-rating – Action design, this time also with a ‘comparison’ option woven in, to allow the user to shop around for other options besides the page they’re currently on:

Usable Privacy Policy design project - IMG_20150512_124702.590

Here’s a design with the same information pattern Rating – Sub-rating – User Action, but with more visual elements. We took a card & icon based approach, to use less text and more graphics to show off the info.

Usable Privacy Policy design project - IMG_20150512_124646.125

And one other design was focused totally on User Choices, giving a whole visual menu of actions to make the user feel empowered & activated.

Usable Privacy Policy design project - IMG_20150512_124609.926

 

And a final sketch was to have all kinds of information — rating, sub-rating and explanation, choices, and participation invitation — but to have it selectively displayed through sliding displays where the complexity is only shown upon click or hover by the user.

IMG_20150508_201106.638

Testing Results

So what did our initial, quick testing of these interfaces tell us? Our main message actually upended much of our design hypothesizing. The key factor in the user response was not the amount/complexity of information, but rather the tone, mood, and framing of the message. Though users did show some interest in the amount of detail when assessing how trustworthy & useful the plugin was — the real factor in whether they would use it or not was ‘is this plugin neutral, reliable, and apolitical?’

The user testers were aware enough of privacy and the importance of it, but they did not want any kind of presentation that seemed too radically pro-privacy or anti-tracking. They do not want the sense that the makers of the plugin have a strong agenda as to what is good or bad when it comes to how companies gather data about their users. Rather, they want ratings and recommendations that seem to be neutral, apolitical, and based on clear & authoritative standards.

The language that we had used in our quick sketches alienated the user testers, because it seemed to be too bossy, strident, and like an advocacy group.

Instead, the users said they’d rather something like Film Ratings (G, PG, PG-13, R) that seem to be quite objective and without explicit messages that say whether things rated this way are good or bad. Rather, the people who have rated films seem to just be putting out the neutral rating out to the public without telling the public how they should they react or whether the film is good or bad.

They also suggested that we follow the model of Commonsense Media, an organization that rates movies, tv, games, and other media as to whether it’s family-friendly and kid-appropriate or not. According to one tester, Commonsense does an excellent job at making its ratings persuasive because they do it with a strong veneer of neutrality. They do not use highly-charged language, they do not condemn or use political messaging, and they leave it up to the parents to read the ratings and decide what their response should be.

The main lesson learned from the testing is the importance of language, framing, and messaging. Complexity to simplicity of information presented is important, but even before that, we must care about how we present the tone of information. We must aspire to neutrality & authority by avoiding words like ‘threat’ and ‘risk’, and not calling for too much advocacy or political change. We must show the user respect, by encouraging them to decide what they want to do with our ratings. And we must clearly show that our ratings are based on objective and reliable standards, and not arbitrary or politically-charged.

The second lesson is to frame the plugin as something that saves the user time, giving them the luxury of a shorthand & easy version of something that they want to know but don’t want to spend time on. The users want a Cliff Notes version of privacy information. The value proposition that would get the user to download the plug-in in the first place (and then not delete it later) – is “We (smart lawyers or the like) have read it so you don’t have to!” or “You care about privacy but you don’t have time to figure it all out — let us help you do it quickly, cleanly, and in an empowering way”

Here are my notes, taken during the testing session.

IMG_20150512_142808.630 IMG_20150512_142825.400 IMG_20150512_142752.450 IMG_20150512_142739.594 IMG_20150512_142837.383

Design Notes

As an addendum for the design process-geeks out there, here is some documentation of how we ended up at our designs & how we are moving forward. Before we actually took pen to paper to make our rough mock-ups, we had gone through what the essential content, elements, and user/system requirements would be for our plug-in design. These were constraints and options we could play with.

User Privacy Policy plugin design requirements and notes

Here are some of the questions that we have to grapple with as we craft our designs, message, and experience:

Questions for Privacy Policy design

We fleshed out user requirements for what the plug-in should provide functionally, as well as what impression and experience it should create with the users.

Privacy Policy Plugin Goals for design

And here are the types of content that we can be displaying in the plug-in (though we can prioritize and hide some of these):

Privacy Policy content

Finally, here are notes on the next battery of testing we’ll run in focus groups:

Usable Privacy Project focus group notes

Stay tuned for more updates — more beautiful & refined interfaces — and testing results from these focus groups!

 

Categories
Current Projects Dispute Resolution

Can we crowdsource justice through tv? Primetime courts & audience juries

You The Jury - tv civil courts

News appeared today that NBC picked up a pilot from the man behind Law & Order, Dick Wolf, to create a show for next TV season, called You The Jury.

On the show, a civil court case will play out, and the TV-watching public will play the jury. Like with American Idol or other reality shows, people watching at home can use their digital devices to vote on the outcome they think best.

Producers from other reality competitions — Master Chef & Project Runway — will also be working on this show as well.

What does this mean, is it good or bad? One part of me is excited for more view into the realities of the legal process on primetime television — perhaps this is a democratizing effort to make the legal system more comprehensible and visible to normal people. And like other online proposals to crowdsource dispute resolution, through lots of people voicing ‘what’s right, what’s wrong’ — then there might be some model that could be useful in new dispute resolution design.

But my big fears are (1) that a narrative/reality-based show approach will oversimplify the case and lead to distorted outcomes, and (2) that like with Serial, when you open a real-life case open for public scrutiny through mass media, the public might end up pursuing mob justice on platforms like Reddit and otherwise.

Any thoughts, should we be hybridizing our justice system with entertainment channels? Is there any upside to this that makes it worth the potential risks?

Categories
Current Projects Integration into Community

Project Legal Link for legal-social service coordination

Project Legal Link - coordinating social and legal services - open law lab - Screen Shot 2015-04-24 at 10.34.04 PM
I’m excited to see the development of Project Legal Link, a new type of resource that links social & legal services together in the Bay Area.

I was introduced to it last year by the woman who is making it happen — Sacha Steinberger. Sacha is a lawyer, & and decided to focus on the problem of how people other than lawyers can get the right legal help for their clients and users who have come for help on other kinds of social issues. She noticed that it’s hard for non-lawyers to figure out who to be reaching out to, how to make an effective referral, and how to get the right info from group to group.

The Tipping Point Community is funding her work & it is wonderful to see how the site has developed in a short time. She has built a visually appealing, uncluttered & graphic way to help non-lawyers figure out legal options for their clients. There is enormous value in building a system that ensures more holistic care for people with life problems (legal & otherwise) and coordinates warm hand-offs and info-sharing among different service providers.

Here is how the project is officially described, and then find some more screenshots of the site:

In partnership with Tipping Point Community, Project Legal Link assists social service providers to help their clients access legal services. Specifically, we train and equip caseworkers at social service organizations to identify legal issues and refer clients to the appropriate legal resources. We organize the legal landscape so caseworkers don’t have to, and we assist caseworkers in understanding and navigating it.

WHAT WE DO: Our work takes three primary forms:

Train: we train caseworkers to identify and refer legal issues;

Refer: we provide curated referrals for clients’ issues; and

Support: we provide support to caseworkers with questions such as whether a legal issue exists and what to do about it.

Ours is not a one-size-fits-all approach. We get to know each organization, we tailor our services to its staffs’ and clients’ needs, and we support the organization’s work by focusing on the removal of their clients’ legal barriers.

WHY WE DO IT: At Project Legal Link we know that:

The need for legal services is great: low-income households face an average of one to three legal issues each year. If unresolved, these issues are a barrier to meeting basic needs.

The legal system is not intuitive: the legal world is cumbersome, intimidating, and hard to navigate.

Social and legal services rarely coexist: on the social service side, most organizations lack tools such as legal screening devices, referral lists, and trainings related to the legal world.

Caseworkers are the link: caseworkers often become trusted advisors for low-income individuals. In a network of support, the relationship between caseworkers and clients are among the strongest.

Our bet is that caseworkers are a critical bridge between low-income people and the legal services they need. Project Legal Link aims to build on the trust between the caseworker and the client and assist caseworkers in moving their clients out of poverty.

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Categories
Current Projects Procedural Guide

The National Expungement Project: a web app for crim law procedure

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The National Expungement Project. is a Maryland-based effort to guide people with a criminal record through an eligibility check (can I expunge my record) and then direct them to how they can follow through on this procedure (where can I find good — and maybe even free — legal help?). Right now, there is a Beta version of a Maryland-based version (ExpungeMaryland.org) and there are plans for more states’ versions.

National Expungment Project - ExpungeMaryland - crim justice app - Screen Shot 2015-04-06 at 1.58.15 PM

The project is run by two JD/technologists based in Baltimore — Jon Tippens & Jason Tashea. Their vision:

In search of a better way, we created ExpungeMaryland.org for a local non-profit. It’s a web app that connects people who need an expungement with volunteer lawyers.

Since creating ExpungeMaryland, bar associations, legal service providers, and even a state supreme court have asked us about using tech to improve access to expungement in their states. Our experience building ExpungeMaryland and other projects makes us adept at scaling this project nationally.

Our vision is to bring expungement apps to 25 states by partnering with local stakeholders. This will capture 80 percent of the U.S. population, and 75 percent of its annual arrests. We will also make the code available to any other states interested in replicating the project.

Here are the interface flows —

National Expungment Project - ExpungeMaryland - crim justice app - Screen Shot 2015-04-06 at 1.56.51 PM National Expungment Project - ExpungeMaryland - crim justice app - Screen Shot 2015-04-06 at 1.57.01 PM National Expungment Project - ExpungeMaryland - crim justice app - Screen Shot 2015-04-06 at 1.57.07 PM National Expungment Project - ExpungeMaryland - crim justice app - Screen Shot 2015-04-06 at 1.57.15 PM National Expungment Project - ExpungeMaryland - crim justice app - Screen Shot 2015-04-06 at 1.57.22 PM National Expungment Project - ExpungeMaryland - crim justice app - Screen Shot 2015-04-06 at 1.57.31 PM National Expungment Project - ExpungeMaryland - crim justice app - Screen Shot 2015-04-06 at 1.57.43 PM National Expungment Project - ExpungeMaryland - crim justice app - Screen Shot 2015-04-06 at 1.57.50 PM

Categories
Current Projects Integration into Community

The DOJ’s Legal Aid Interagency Roundtable Toolkit

Last week I was at a symposium at the Univ. of South Carolina Law School, all about access to justice and doing more empirical, data-driven research about how to create better & more impactful access initiatives. Karen Lash, the Deputy Director of the DOJ’s Access to Justice Initiative, presented on what the federal government is doing to address civil legal needs in the US.

In 2012, the White House Domestic Policy Council & the DOJ launched a working group (the Legal Aid Interagency Roundtable) that would explore how diverse federal agencies could include civil legal aid needs in their agendas, to help improve their specific objectives. The driving insight is that legal aid can help all kinds of problems not typically thought of as “legal problems” — like health, housing, education employment, family stability, and community-building.
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The Roundtable group has released an online Toolkit, that provides a roadmap to ways in which legal services can be used by other — not specifically ‘legal’ groups — to serve vulnerable & underserved groups. The toolkit is available on the DOJ’s website — here are some of the pages & resources covered.Open Law Lab - doj - legal aid interagency roundtable toolkit - Screen Shot 2015-03-29 at 3.26.25 PM

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And here are photos of the Toolkit as printed out in a hard copy. It has lots of explanations, stories, and resources to begin thinking about legal aid in a more holistic way — how legal processes can help a person with other ‘social service’ problems.

DOJ civil legal aid toolkit

DOJ civil legal aid toolkit

I am excited by this multilateral, collaborative approach to civil legal aid. Since most people don’t think of their problems as ‘legal problems’ (even though they could use legal means to address them) — and since many social service providers & government workers don’t understand the power of legal channels to address root causes of other social problems — we as legal professionals need to be better at explaining how legal aid can help them in their mission to serve their clients. And we need to give clear, procedural ways for them to access legal support for their clients.

Categories
Current Projects Training and Info

Cartoon interventions for legal engagement, from Jim Greiner

Some quick sketchnotes of a talk from Jim Greiner of Harvard Law School, speaking with Univ. of South Carolina Law School about how to engage people in debt procedures — how to get them to show up in court. They tried to reach out to people in debt proceedings with paper-based, cartoon-based interventions. They created a cartoon character and storyboards to explain the coming proceedings & try to orient and activate the litigants.
Open Law Lab - Margaret Hagan - Legal Services - Jim Greiner Open Law Lab - Margaret Hagan - Legal Services - Jim Greiner  2

Categories
Current Projects Integration into Community

Integrated Legal-Medical care at health centers

The National Center for Medical-Legal Partnership has a New issue brief on medical-legal partnership and health centers. Marsha Regenstein, PhD, Joel Teitelbaum, JD, LLM, Jessica Sharac, MSc, MPH, and Ei Phyu authored the piece “Medical-Legal Partnership and Health Centers: Addressing Patients’ Health-Harming Civil Legal Needs as Part of Primary Care.” You can download it as a PDF here.

The brief explores the link between social & economic issues — like income, housing, education, employment, legal status, and personal/family stability– and how civil legal aid and health care can combine to provide positive impact on these issues.

Civil legal aid becomes an ‘enabling services’ that allows people who have come in as medical patients to a health care facility to get the appropriate government services and support. Legal aid supplements and reinforces the medical care, by addressing root issues that have led to medical problems. Legal help in hospital help patients to deal with health-harming civil legal needs, like those around housing and utilities.

Medical-legal partnerships train clinicians and health care staff to know enough about the law to spot when a patient has a potential legal issue. Then this health care worker can hand the patient off to an in-house legal worker (who may be part-time or permanently at the facility) to get the legal support for their problem. Sometime the lawyer comes into the medical exam room, sometimes they may schedule a follow up off site.

The majority of patients seen at health centers are living at or below the poverty level, and because of this, they have unmet legal needs — related to housing, public benefits, education — that negatively impact their health. Medical-legal partnership is an approach to health that integrates the expertise of health care, public health and legal professionals and staff to address and prevent these health-harming civil legal needs for patients, clinics and populations. There are currently 60 FQHCs and Look-A-Like health centers that operate medical-legal partnerships with civil legal aid agencies across the United States. In the fall of 2014, HRSA released guidance, which clarified that civil legal aid services may be included in the range of enabling services that health centers may choose to provide to meet the primary care needs of their patients.

This issue brief explores the medical-legal partnership approach to health in the context of health centers. It is intended to help health centers understand the benefits – to patients and to their institutions – of partnerships with civil legal aid agencies, and to introduce additional resources that can help health centers implement these programs.

Categories
Current Projects Training and Info

Ideas for Know Your Rights redesigned

Last night, I helped organize a group of lawyers & designers to kick off a longer design process, about reimagining how we convey Know Your Rights materials to lay people. We had a great mix of people who work on Know Your Rights initiatives as a part of community law groups, legal aid groups, and advocacy orgs. And we had a few designers who are interested in making legal services better.

It was an introductory session — introducing the participants to the design process & the mission of user-centered legal design. But we got to start through developing some new ideas for Know Your Rights initiatives, focusing on certain users, use cases & needs — and then brainstorming out some initial ideas.

I will write up a fuller report later — for now, here are some of the brainstorms!

Picture Picture Picture Picture Picture Picture

Categories
Current Projects Dispute Resolution

Court Innovations: tech-based platform for improving court users’ experience

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There is an interesting court redesign organization that’s come out of the University of Michigan Law School.  There is an Online Court Project that Univ. of Michigan has funded, and developed through the company Court Innovations, Inc.

I had written about it previously when my colleague Briane had mentioned an initial write-up of it on University of Michgan’s site.  Now the project has been piloted in two different Michigan courts, after having spun out of the Law School into the start-up Court Innovations.

The project is building a tech-based platform for litigants to resolve their problems online, rather than having to come into court.

Court Innovations is developing and implementing online negotiation systems for courts and constituents.

Court Innovations’ online solutions enable you to extend your court to:

Provide fast, efficient, online resolution options for litigants charged with relatively minor offenses.

Help litigants with outstanding issues to understand their options and navigate the court online without needing to hire an attorney.

We are setting up our technology in courts today – contact us to learn more about how our innovative approach can extend your court to increase access to justice in your community.

The platform will use Online Dispute Resolution patterns to have litigants interact with the court using online technology.  People who face relatively small charges can contact judges and prosecutors to try to resolve their case without having to come physically to court.Court Innovations - On;ine court project - open law lab - Screen Shot 2014-12-19 at 2.00.22 PM

Right now, the Project lets the user try to negotiate a warrant or a traffic ticket.

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If the user doesn’t want to negotiate, they can pay the fine directly, or opt to go to court.  They can also learn more about their options to make better choices & prep.

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Michigan Law’s publication The Law Quandrangle has posted an article, “Transforming What It Means to ‘Go to Court’.” describing the formation of the Project & its development.

By Jared Wadley and Katie Vloet

What if your day in court didn’t have to be in court?

That’s the idea that led Michigan Law Professor J.J. Prescott and Ben Gubernick, ’11, his former student, to invent a first-of-its-kind technology that helps people who have been charged with minor offenses interact with courts online, at any time of day, without needing to hire an attorney.

The software provides a way for litigants with issues ranging from unpaid fines to minor criminal or civil infractions, including traffic tickets, to communicate directly with judges and prosecutors to find mutually agreeable ways to resolve their cases.

Ben Gubernick, ‘11; CEO MJ Cartwright; and Prof. J.J. Prescott.

“When you look at how many cases courts process, you realize online interaction and resolution is the next frontier. Courts have so much potential to influence people’s lives for the better,” Prescott says. “The challenge is removing barriers to access while making the most of judicial and prosecutorial wisdom and experience. We wanted to make sure the software wouldn’t interfere with everything good that courts are already doing.”

Many people’s jobs don’t give them the flexibility to go to court during regular business hours, Prescott points out. And appearing in court for a minor infraction is time-consuming for judges, prosecutors, and the person charged with an infraction. “A typical scenario is that you wait four hours to see someone and you exchange five words,” he says.

While the online technology saves time for everyone involved, it conversely gives judges and prosecutors more time to learn about the person before making a ruling. Is the defendant, say, very likely or only somewhat likely to get another speeding ticket in the next year? “In the virtual environment, we can give prosecutors and judges more information than they would normally have within their reach about a person, and it can inform their decision making,” Gubernick says.

In-person interaction, of course, remains necessary for a lot of work courts do, Gubernick says. “This technology targets only those cases where online interaction can be faster, fairer, and less costly for everyone involved.

“Our goal is really to increase access to justice.”

“Proof that entrepreneurial ideas are flourishing at Michigan Law””

The project is part of the Global Challenges arm of U-M’s Third Century Initiative, a $50 million, five-year program that is leveraging the University’s interdisciplinary expertise to tackle some of society’s most pressing problems—while also creating learning opportunities for students.

ent_court_innovations_screengrab

The technology is being piloted at the 14A District Court in Michigan’s Washtenaw County and the 74th District Court in Bay County. Response from the technology’s users has been positive. “This system is working so well for our court that I would like to see it expanded to all the other courts,” says Thomas Truesdell, magistrate of 14A District Court and a board member of the Michigan Association of District Court Magistrates.

With funding through U-M’s Third Century Initiative in place for the next two years, Prescott’s team is preparing to scale the technology. However, the team is thinking far beyond the next few years. Prescott already has worked with U-M Technology Transfer to create Court Innovations Inc., a startup that will provide support and maintenance for the software during the project and grow the business opportunities generated going forward.

The developers and U-M believe the technology can go national. “Court Innovations was founded to ensure post-project sustainability,” says MJ Cartwright, the company’s CEO. “Our job over the next two years is to work with courts and state government groups to lay the foundation for the technology’s complete transition from U-M-based research and development into a commercial solution that can continue to scale and grow in Michigan and across the nation.”

Ken Nisbet, associate vice president for research at U-M Technology Transfer, says the company has leveraged Tech Transfer’s Venture Center, including the Venture Accelerator, to create a compelling value proposition to improve the court system. “This new venture is proof,” Nisbet says, “that entrepreneurial ideas are flourishing at Michigan Law.”

Prescott is pleased with the support from the Law School and the University as a whole. “At the Law School, we’re really expanding in the entrepreneurial arena,” Prescott says. “The great thing about being at a major research institution like U-M is that we are able to work closely with top people in all of the fields that matter to the success of the project—the statistics department, the Ross School of Business, the School of Information, the Ford School of Public Policy—about data modeling, increasing court efficiency, improving the user experience, and ensuring that litigants come away from the process understanding it and feeling that they’ve been fairly treated. It’s great to see the University not just supporting the hard sciences but also broadly interdisciplinary efforts like ours that emerge from the social sciences.”

Gubernick says the entrepreneurial aspects attracted him to the project. “I liked the idea of finding a solution to a problem in the real world,” he says. “And, really, that’s what entrepreneurship is all about—recognizing a problem, and finding a solution that no one has thought of.”

Here’s an article from Washetenaw County in Michigan, about one of the programs — an online dispute system for resolving traffic tickets.

By Jo Mathis, Legal News, October 2014

If you’ve ever spent an entire morning sitting in a packed courtroom to negotiate an outstanding parking or traffic ticket, you’ll appreciate a new system intended to nudge the courts closer to modern times.
The Online Court Project, funded by the University of Michigan and developed by Court Innovations, Inc., allows citizens who’ve received minor civil infractions or traffic tickets to seek reduced charges or other solutions to their problems online.
The program is currently being piloted in 14-A1 District Court, which covers Pittsfield Township. Eligible individuals simply go to the Court Innovations’ website at https://www.courtinnovations.com/14A1/traffic14A1/index, type in the information, and wait for the prosecutor and court decision-makers at the other end to examine their driving record and make a decision.
“The goal is to make the whole process easier for everybody on both sides, and at the same time, ensure that people are able to access the courts if they have concerns,” said Michigan Law Professor J.J. Prescott, who led the team that designed the new system. “That’s what courts are there for—to resolve disputes while at the same time making sure that people get a fair opportunity to have their concerns addressed.”
In-person meetings with a judge or magistrate are not only time-consuming, intimidating, and confusing—they’re often unnecessary, and requiring them can be counterproductive, if people decide not to use the courts as a result, Prescott said. And while litigants can already pay fines online, those with concerns about their case must go to court and face a tedious process that involves travel, parking, and taking time off work.
“We’re providing a platform that allows litigants and decision-makers to negotiate in a very efficient and effective way. For many minor court issues, a face-to-face meeting with a judge or prosecutor simply doesn’t improve the outcome for either side. Just as ATM machines allow you to skip seeing a bank teller during business hours, technology can help streamline and improve much of what courts do,” said Prescott.
At 14-A District Court, Magistrate A. Thomas Truesdell approves or denies the litigants’ requests after the Pittsfield Township police do the same. Truesdell, who says he typically follows the recommendation of police, is a big fan of the new Online Court Project, which has been in place for six months now.
The bottom-line goal, he said, is to reduce some of the tickets down to “impeding traffic,” which adds no points and therefore, does not cause an increase in car insurance.
“We were doing this by having an officer—an officer, not the one who wrote the ticket—come out to the court on several different tickets and see if they’d reduce it down to impeding traffic,” he said. “But of course, you’re still paying for one officer to come out, and you’re still paying for court time.”
He said the idea to allow an electronic pre-hearing conference makes sense.
“It’s a win-win for everybody because number one, with the way budgets are these days, the police do not have to show up, which means they can do it from their office if they have to do anything,” he said. “It eliminates the court time which means we don’t have to put that on our docket. And it also frees up time for the magistrate, of course. It also has a convenient factor for the defendant.”
The ease of paying the fee online is another advantage for both the defendant and court, he said.
Tickets for traffic crashes will not be reduced because they affect other parties.
The three charges that are eligible—and in the vast majority of cases are granted a reduction to “impeding traffic”—are speeding, disobeying a traffic control device, and failure to stop at a stop sign. The project is funded by the University of Michigan’s Third Century Initiative grant program. The grant is being used primarily to develop the software and implement pilots, with the hope of bringing the service to courts throughout Michigan and beyond. Over the two-year grant period, the use of the scalable software will transition away from a pilot implementation and be supported by courts and stakeholders.
“Courts affect many thousands of people every day,” said Prescott. “Most people have spent at least some time dealing with a traffic ticket through what seems to be an antiquated process. Often, people can’t figure out what they’re supposed to be doing and they are unable to hire a lawyer to help them.”
The software is specifically designed for each court so that the magistrates, clerks, and judges have at their disposal the information they need to grant or deny each request.
“In the case of traffic tickets, a lot of this has to do with your record,” said Prescott. “Not surprisingly, when the software reveals a poor driving history, judges are much less likely to offer a reduction.”
Prescott, who is also the co-director of the Empirical Legal Studies Center and the Law and Economics Program at Michigan Law, noted that while appearing before a judge with expertise and discretion is necessary in serious cases, most of what clogs the courts now are minor infractions that can be better handled online.
He recalls a time he waited in court four hours to have his ticket reduced from “evading a traffic device” to “impeding traffic” after a 30 second negotiation with the prosecutor. Many people can’t take that time off from work to wait in court, and sometimes decision-makers can be influenced by irrelevant considerations, like a person’s appearance. An on-line request levels the playing field, he said.
The program is expanding in Bay County this month to include the online mediation of outstanding warrants. Prescott believes the program has great potential to reduce the thousands of outstanding warrants for individuals who inadvertently missed a court date for a minor infraction or didn’t have the money to pay a fine. In many cases, these individuals simply don’t know how to resolve their warrant, but are too intimidated to walk into a court, even if they could take a day off work, for fear of being arrested.
Later this fall, the Online Court Project will expand into Ypsilanti, Northfield Township, and Saline.
Truesdell sees only positive results.
 “It’s worked wonderfully,” he said. “It’s a win-win.”
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Immigration Game: Toma El Paso

Game design - legal game - Toma El Paso - Make a Move

Communication professor Lien Tran of the Univ. of Miami has developed an offline game for users of the US immigration system — called Toma el Paso, or Make  a Move.  It uses a familiar board game structure to present the legal system to the youth who are currently proceeding through it.  She developed it along with an immigration attorney, Shalyn Fluharty, and is rolling it out in the Immigrant Children’s Affirmative Network in Florida.

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The game is specifically geared for youth from Central America who have arrived in the US and ended up in detention.  It challenges the players to navigate the legal system in order to get out of detention. Here’s the description from Lien Tran’s site:

Of the 8,000+ children detained within the U.S. each year, many are eligible for legal relief but are not guaranteed legal counsel. Immigration law is one of the most complex legal codes in the U.S., and it’s unjust that a child should have to navigate this labyrinth by himself without legal guidance. Games can make complex legal information accessible to a child so he can make more informed decisions and ask questions specific to his case.

In Toma El Paso (Make aMove in English), a game that teaches youth about the release from detention process, the mechanics provide tacit lessons detained youth do not always learn and yet should apply in real life.

Details on the game: it comes in English & Spanish language, it is comprised of the board game and a card deck, and it takes the players through the 3 possible pathways that a detained immigrant youth may go through to get released from detention: reunification, federal foster care, and voluntary departure.  The players have to interact with the same kind of people they will in real life, like lawyers and case managers.

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An August 2014 article from the Univ. of Miami also interviewed different stakeholders from the law school and the legal services community about the potential of the game:

Last Monday, Tran visited “His House Children’s Home” in Miami Gardens, where 166 children between 11 and 17 years of age reside, to train 20 resident counselors who work with the minors how to use the game.

“This is a good way to engage kids with complicated information,” said Tran. “You can play with the children at any time.”

Available in English and Spanish, the game was first introduced at the shelter in April as part of the Immigrant Children Affirmative Network (ICAN), a youth program developed by faculty and students in the School of Education and Human Development that has been used for seven years to promote resilience and hope among unaccompanied immigrant minors in South Florida. To date, dozens of the youngsters have played the game.

“Professor Tran has created a remarkable tool to help educate these youth and bring joy to their lives at the same time,” said Etiony Aldarondo, associate dean for research at the school and director of  ICAN. “Most of us would be overwhelmed if we had to deal with the complex legal and social challenges faced by unaccompanied immigrant minors in this country. This game turns the stress of figuring out the uncertain pathways that lie ahead for these kids into a fun opportunity to learn.”….

The complexity of the legal process came as a surprise to Eddy, a 22-year-old FIU student who works with the detainees.

“This game helps us be more empathetic to their plight,” Eddy said. “We realize what they have to go through.”

Gina, a Haitian-American counselor who has worked with detainees for many years, said the game simplifies the legal process and can help minors cope with their situation.

“Many of the children are under a lot of stress,” she said. “Many come into this country escorted by strangers, and some are abused by these strangers. It is important for us to be vigilant to their needs and make sure they know that they are in a safe environment.”

You can purchase a copy of the game here at the Game Crafter site.