Collisions In The Digital Paradigm
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| Author | : David John Harvey |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 424 |
| Release | : 2017-03-23 |
| Genre | : Law |
| ISBN | : 1509906517 |
It has been said that the only asset that a lawyer has is time. But the reality is that a lawyer's greatest asset is information. The practice and the business of law is all about information exchange. The flow of information travels in a number of different directions during the life of a case. A client communicates certain facts to a lawyer. The lawyer assimilates those facts and seeks out specialised legal information which may be applicable to those facts. In the course of a generation there has been a technological revolution which represents a paradigm shift in the flow of information and communication. Collisions in the Digital Paradigm is about how the law deals with digital information technologies and some of the problems that arise when the law has to deal with issues arising in a new paradigm.
| Author | : Bassan, Fabio |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 168 |
| Release | : 2021-11-17 |
| Genre | : Law |
| ISBN | : 1800889437 |
Digital Platforms and Global Law focuses on digital platforms and identifies their relevant legal profiles in terms of transnational and international law. It qualifies digital platforms as private legal orders, which exercise the legislative, executive, and (para)jurisdictional power within them. Starting from this assumption, the author studies the relationship between these orders and state, transnational, and international orders and concludes that the power of states to impose rules on platforms is different in terms of their external (in relation to other platforms and states) and internal (in their own legal system) action.
| Author | : Althaf Marsoof |
| Publisher | : Routledge |
| Total Pages | : 434 |
| Release | : 2019-06-05 |
| Genre | : Law |
| ISBN | : 1351208497 |
Despite the apparent advantages of the internet, there is little debate that it facilitates intellectual property infringements, including infringements of trade mark rights. Infringers not only remain hidden by the anonymity the internet provides but also take advantage of its increasing reach and the associated challenges with regard to cross-border enforcement of rights. These factors, among others, have rendered the internet a growing source of counterfeit and other infringing products. It has, therefore, become necessary for right holders to shift their focus from individual infringers to internet intermediaries, such as Internet Service Providers (ISPs), hosts and navigation providers, which are responsible in numerous ways for making content promoting infringements available to internet users. In light of these developments, this book conducts a comprehensive analysis of the liability of such intermediaries for trade mark infringements and considers the associated issues and challenges in the diverging approaches under which liability may be imposed. At present, however, neither UK trade mark law nor English common-law principles relating to accessorial liability provide a basis to hold internet intermediaries liable for trade mark infringements. As such, this book considers approaches adopted in some of the Continental European countries and the US in order to propose reforms aimed at addressing gaps in the existing legal framework. This book also examines alternative remedies, such as notice and takedown and injunctions, and discusses the associated shortcomings of each of these remedies.
| Author | : Pedro De Miguel Asensio |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 561 |
| Release | : 2024-05-02 |
| Genre | : Law |
| ISBN | : 1035315130 |
In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.
| Author | : Anne Wagner |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 517 |
| Release | : 2023-11-03 |
| Genre | : Law |
| ISBN | : 1802207260 |
This comprehensive Research Handbook explores the wide variety of work conducted in legal semiotics to provide a broad understanding of how the law works through signs and symbols. Demonstrating that law is a strategical system of fluctuating signs, contributors critically analyse the ever-evolving conceptualisations of law and legal discourse.
| Author | : Anthony Larsson |
| Publisher | : Taylor & Francis |
| Total Pages | : 315 |
| Release | : 2022-08-31 |
| Genre | : Business & Economics |
| ISBN | : 1000636054 |
Are pandemics the end of cities? Or, do they present an opportunity for us to reshape cities in ways making us even more innovative, successful and sustainable? Pandemics such as COVID-19 (and comparable disruptions) have caused intense debates over the future of cities. Through a series of investigative studies, Designing Smart and Resilient Cities for a Post-Pandemic World: Metropandemic Revolution seeks to critically discuss and compare different cases, innovations and approaches as to how cities can utilise nascent and future digital technology and/or new strategies in order to build stronger resilience to better tackle comparable large-scale pandemics and/or disruptions in the future. The authors identify ten separate societal areas where future digital technology can impact resilience. These are discussed in individual chapters. Each chapter concludes with a set of proposed "action points" based on the conclusions of each respective study. These serve as solid policy recommendations of what courses of action to take, to help increase the resilience in smart cities for each designated area. Securing resilience and cohesion between each area will bring about the metropandemic revolution. This book features a foreword by Nobel laureate Peter C. Doherty and an afterword by Professor of Urban Technologies, Carlo Ratti. It provides fresh and unique insights on smart cities and futures studies in a pandemic context, offers profound reflections on contemporary societal functions and the needs to build resilience and combines lessons learned from historical pandemics with possibilities offered by future technology.
| Author | : Kriangsak Kittichaisaree |
| Publisher | : Springer |
| Total Pages | : 401 |
| Release | : 2017-02-28 |
| Genre | : Law |
| ISBN | : 3319546570 |
This compact, highly engaging book examines the international legal regulation of both the conduct of States among themselves and conduct towards individuals, in relation to the use of cyberspace. Chapters introduce the perspectives of various stakeholders and the challenges for international law. The author discusses State responsibility and key cyberspace rights issues, and takes a detailed look at cyber warfare, espionage, crime and terrorism. The work also covers the situation of non-State actors and quasi-State actors (such as IS, or ISIS, or ISIL) and concludes with a consideration of future prospects for the international law of cyberspace. Readers may explore international rules in the areas of jurisdiction of States in cyberspace, responsibility of States for cyber activities, human rights in the cyber world, permissible responses to cyber attacks, and more. Other topics addressed include the rules of engagement in cyber warfare, suppression of cyber crimes, permissible limits of cyber espionage, and suppression of cyber-related terrorism. Chapters feature explanations of case law from various jurisdictions, against the background of real-life cyber-related incidents across the globe. Written by an internationally recognized practitioner in the field, the book objectively guides readers through on-going debates on cyber-related issues against the background of international law. This book is very accessibly written and is an enlightening read. It will appeal to a wide audience, from international lawyers to students of international law, military strategists, law enforcement officers, policy makers and the lay person.
| Author | : Uta Kohl |
| Publisher | : Cambridge University Press |
| Total Pages | : 333 |
| Release | : 2021-07-29 |
| Genre | : Law |
| ISBN | : 1108875890 |
The most fascinating and profitable subject of predictive algorithms is the human actor. Analysing big data through learning algorithms to predict and pre-empt individual decisions gives a powerful tool to corporations, political parties and the state. Algorithmic analysis of digital footprints, as an omnipresent form of surveillance, has already been used in diverse contexts: behavioural advertising, personalised pricing, political micro-targeting, precision medicine, and predictive policing and prison sentencing. This volume brings together experts to offer philosophical, sociological, and legal perspectives on these personalised data practices. It explores common themes such as choice, personal autonomy, equality, privacy, and corporate and governmental efficiency against the normative frameworks of the market, democracy and the rule of law. By offering these insights, this collection on data-driven personalisation seeks to stimulate an interdisciplinary debate on one of the most pervasive, transformative, and insidious socio-technical developments of our time.
| Author | : Richard L Abel |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 704 |
| Release | : 2022-05-05 |
| Genre | : Law |
| ISBN | : 1509931236 |
This book presents an invaluable collection of essays by eminent scholars from a wide variety of disciplines on the main issues currently confronting legal professions across the world. It does this through a comparative analysis of the data provided by the reports on 46 countries in its companion volume: Lawyers in 21st-Century Societies: Vol. 1: National Reports (Hart 2020). Together these volumes build on the seminal collection Lawyers in Society (Abel and Lewis 1988a; 1988b; 1989). The period since 1988 has seen an acceleration and intensification of the global socio-economic, cultural and political developments that in the 1980s were challenging traditional professional forms. Together with the striking transformation of the world order as a result of the fall of the Soviet bloc, neo-liberalism, globalisation, the financialisation of capitalism, technological innovations, and the changing demography of lawyers, these developments underscored the need for a new, comparative exploration of the legal professional field. This volume deepens the insights in volume 1, with chapters on legal professions in Africa, Latin America, the Islamic world, emerging economies, and former communist regimes. It also addresses theoretical questions, including the sociology of lawyers and other professions (medicine, accountancy), state production, the rule of law, regional bodies, large law firms, access to justice, technology, casualisation, cause lawyering, diversity (gender, race, and masculinity), corruption, ethics regulation, and legal education. Together with volume 1, it will inform and challenge conceptions of the contemporary profession, and stimulate and support further research.
| Author | : Christian Twigg-Flesner |
| Publisher | : Routledge |
| Total Pages | : 276 |
| Release | : 2021-08-04 |
| Genre | : Law |
| ISBN | : 1317434390 |
Foundations of International Commercial Law provides a fresh analysis of both the contextual features of International Commercial Law and a range of different International Commercial Law instruments. This text covers the various elements which comprise International Commercial Law, the academic debates about the lex mercatoria and harmonisation, as well as a discussion of selected conventions and other instruments. International Commercial Law is concerned with commercial transactions which have an international dimension, for example contracts between parties from multiple jurisdictions. As an area of study, it is characterised by the interaction of a wide range of national and international legal sources which all shape the overall context within which international commercial contracts are made and performed. This book focuses on the international legal sources in particular. It first explores all the different elements which together comprise the context of international commercial transactions, before examining the process of making International Commercial Law. Specific instruments of International Commercial Law discussed in the book include the conventions on the international sale of goods, agency, financial leasing, factoring, receivables financing and secured interests in mobile equipment, together with the UNIDROIT Principles of International Commercial Contracts and documentary credits. There are separate chapters on private international law and international commercial arbitration, and a final chapter exploring the existing and potential impact of the digital economy on International Commercial Law. Offering a detailed overview of the main themes and key aspects of International Commercial Law, this book is for readers who are new to the subject, whether undergraduate or postgraduate students, legal scholars, practitioners or policymakers.
