Mapping Legal Innovation

Mapping Legal Innovation
Author: Antoine Masson
Publisher: Springer Nature
Total Pages: 427
Release: 2021-03-01
Genre: Law
ISBN: 303047447X

The legal sector is being hit by profound economic and technological changes (digitalization, open data, blockchain, artificial intelligence ...) forcing law firms and legal departments to become ever more creative in order to demonstrate their added value. To help lawyers meet this challenge, this book draws on the perspectives of lawyers and creative specialists to analyze the concept and life cycle of legal innovations, techniques and services, whether related to legislation, legal engineering, legal services, or legal strategies, as well as the role of law as a source of creativity and interdisciplinary collaboration.

Technology Law

Technology Law
Author: Marcus Smith
Publisher: Cambridge University Press
Total Pages: 259
Release: 2021-07-29
Genre: Business & Economics
ISBN: 1108896693

The regulation of technology is an important and topical area of law, relevant to almost all aspects of society. Technology Law: Australian and International Perspectives presents a thorough exploration of the new legal challenges created by evolving technologies, from the use of facial recognition technology in criminal investigations to the rise and regulation of cryptocurrencies. A well-written and fascinating introduction to technology law in Australia and internationally, Technology Law provides thorough coverage of the theoretical perspectives, legislation, cases and developing issues where technology and the law interact. The text covers data protection and privacy, healthcare technology, criminal justice technology, commercial transactions, cybercrime, social media and intellectual property, and canvasses the future of technology and technology law. Written by leading experts in the field, Technology Law is an excellent resource for law students and legal professionals with an interest in the area.

Drafting Legislation

Drafting Legislation
Author: Helen Xanthaki
Publisher: Bloomsbury Publishing
Total Pages: 490
Release: 2014-10-16
Genre: Law
ISBN: 1782255087

This book constitutes the first thorough academic analysis of legislative drafting. By placing the study of legislation and its principles within the paradigm of Flyvberg's phronetic social sciences, it offers a novel approach which breaks the tradition of unimaginative past descriptive reiterations of drafting conventions. Instead of prescribing rules for legislation, it sets out to identify efficacy as the main aim of the actors in the policy, legislative and drafting processes, and effectiveness as the main goal in the drafting of legislation. Through the prism of effectiveness as synonymous with legislative quality, the book explores the stages of the drafting process; guides the reader through structure and sections in their logical sequence, and introduces rules for drafting preliminary, substantive and final provisions. Special provisions, comparative legislative drafting and training for drafters complete this thorough analysis of the drafting of legislation as a tool for regulation. Instead of teaching the reader which drafting rules prevail, the book explores the reasons why drafting rules have come about, thus encouraging readers to understand what goal is served by each rule and how each rule applies. The book is aimed at academics and practitioners who draft or use statutory law in the common or civil law traditions.

Legislating in the Dark

Legislating in the Dark
Author: James M. Curry
Publisher: University of Chicago Press
Total Pages: 288
Release: 2015-09-14
Genre: Political Science
ISBN: 022628185X

Political science scholar James M. Curry explores the inner workings of Congress’s House of Representatives in this thought-provoking analysis. The 2009 financial stimulus bill ran to more than 1,100 pages, yet it wasn’t even given to Congress in its final form until thirteen hours before debate was set to begin, and it was passed twenty-eight hours later. How are representatives expected to digest so much information in such a short time? The answer? They aren’t. With Legislating in the Dark, James M. Curry reveals that the availability of information about legislation is a key tool through which Congressional leadership exercises power. Through a deft mix of legislative analysis, interviews, and participant observation, Curry shows how congresspersons—lacking the time and resources to study bills deeply themselves—are forced to rely on information and cues from their leadership. By controlling their rank-and-file’s access to information, Congressional leaders are able to emphasize or bury particular items, exploiting their information advantage to push the legislative agenda in directions that they and their party prefer. Offering an unexpected new way of thinking about party power and influence, Legislating in the Dark will spark substantial debate in political science. “Curry brings fresh insight and a breadth of evidence to bear on the role of information in lawmaking, including extensive interviews with legislators and staff and in-depth case studies of several pieces of legislation. Engagingly written, the book will enhance our understandings of congressional lawmaking and leadership and will be of interest to scholars of legislative studies and public policy.” —Tracy Sulkin, University of Illinois at Urbana-Champaign

Digisprudence: Code As Law Rebooted

Digisprudence: Code As Law Rebooted
Author: Laurence Diver
Publisher: EUP
Total Pages: 276
Release: 2021-12-31
Genre:
ISBN: 9781474485326

Reboots the debate on 'code as law' to present a new cross disciplinary direction that sheds light on the fundamental issue of software legitimacy Whenever you use a smartphone, website, or IoT device, your behaviour is determined to a great extent by a designer. Their software code defines from the outset what is possible, with very little scope to interpret the meaning of those 'rules' or to contest them. How can this kind of control be acceptable in a democracy? If we expect legislators to respect values of legitimacy when they create the legal rules that govern our lives, shouldn't we expect the same from the designers whose code has a much more direct rule over us? In this book Laurence Diver combines insight from legal theory, philosophy of technology, and programming practice to develop a new theoretical and practical approach to the design of legitimate software. The book critically engages with the rule(s) of code, arguing that, like laws, these should exhibit certain formal characteristics if they are to be acceptable in a democracy. The resulting digisprudential affordances translate ideas of legitimacy from legal philosophy into the world of code design, to be realised through the 'constitutional' role played by programming languages, integrated development environments (IDEs), and agile development practice. The text interweaves theory and practice throughout, including many insights into real-world technologies, as well as case studies on blockchain applications and the Internet of Things. Laurence Diver is a postdoctoral researcher in COHUBICOL (Counting as a Human Being in the Era of Computational Law), a project in the Law, Science, Technology & Society research group (LSTS) at the Vrije Universiteit Brussel (VUB).

Recommended Principles to Guide Academy-Industry Relationships

Recommended Principles to Guide Academy-Industry Relationships
Author: American Association of University Professors American Association of University Professors
Publisher: University of Illinois Press
Total Pages: 370
Release: 2014-02-15
Genre: Education
ISBN: 0252096584

The reputation of a college or institution depends upon the integrity of its faculty and administration. Though budgets are important, ethics are vital, and a host of new ethical problems now beset higher education. From MOOCS and intellectual property rights to drug industry payments and conflicts of interest, this book offers AAUP policy language and best practices to deal with all the campus-wide challenges of today's corporate university: • Preserving the integrity of research and public respect for higher education • Eliminating and managing individual and institutional financial conflicts of interest • Maintaining unbiased hiring and recruitment policies • Establishing grievance procedures and due process rights for faculty, graduate students, and academic professionals • Mastering the complications of negotiations over patents and copyright • Assuring the ethics of research involving human subjects. In a time of dynamic change Recommended Principles to Guide Academy-Industry Relationships offers an indispensable and authoritative guide to sustaining integrity and tradition while achieving great things in twenty-first century academia.

Regulating Artificial Intelligence

Regulating Artificial Intelligence
Author: Thomas Wischmeyer
Publisher: Springer Nature
Total Pages: 391
Release: 2019-11-29
Genre: Law
ISBN: 3030323617

This book assesses the normative and practical challenges for artificial intelligence (AI) regulation, offers comprehensive information on the laws that currently shape or restrict the design or use of AI, and develops policy recommendations for those areas in which regulation is most urgently needed. By gathering contributions from scholars who are experts in their respective fields of legal research, it demonstrates that AI regulation is not a specialized sub-discipline, but affects the entire legal system and thus concerns all lawyers. Machine learning-based technology, which lies at the heart of what is commonly referred to as AI, is increasingly being employed to make policy and business decisions with broad social impacts, and therefore runs the risk of causing wide-scale damage. At the same time, AI technology is becoming more and more complex and difficult to understand, making it harder to determine whether or not it is being used in accordance with the law. In light of this situation, even tech enthusiasts are calling for stricter regulation of AI. Legislators, too, are stepping in and have begun to pass AI laws, including the prohibition of automated decision-making systems in Article 22 of the General Data Protection Regulation, the New York City AI transparency bill, and the 2017 amendments to the German Cartel Act and German Administrative Procedure Act. While the belief that something needs to be done is widely shared, there is far less clarity about what exactly can or should be done, or what effective regulation might look like. The book is divided into two major parts, the first of which focuses on features common to most AI systems, and explores how they relate to the legal framework for data-driven technologies, which already exists in the form of (national and supra-national) constitutional law, EU data protection and competition law, and anti-discrimination law. In the second part, the book examines in detail a number of relevant sectors in which AI is increasingly shaping decision-making processes, ranging from the notorious social media and the legal, financial and healthcare industries, to fields like law enforcement and tax law, in which we can observe how regulation by AI is becoming a reality.

Workforce Innovation and Opportunity Act, Public Law 113-128

Workforce Innovation and Opportunity Act, Public Law 113-128
Author: National Archives and Records Administration, Office of the Federal Register
Publisher: Government Printing Office
Total Pages: 298
Release: 2016-11-17
Genre: Business & Economics
ISBN: 9780160934810

This printed volume is a 2016 reprint of the 2013 Public Law originally published within the 113th Congress. The Workforce Innovation and Opportunity Act was created to amend the Workforce Investment Act of 1998 to strengthen the United States workforce development system through innovation in, and alignment and improvement of, employment, training, and education programs in the United States, and to promote individual and national economic growth, and for other purposes. WIOA is a landmark legislation that is designed to strengthen and improve our nation's public workforce system and help get Americans, including youth and those with significant barriers to employment, into high-quality jobs and careers and help employers hire and retain skilled workers. Audience: Students, Educators, Employers, and Employees would be interested in the amendments made to this act. Related products: United States Government Policy and Supporting Positions (Plum Book) 2016 is available for pre-order here: https://bookstore.gpo.gov/products/sku/052-070-07704-2 United States Government Policy and Supporting Positions 2012 (Plum Book) --Limited Supply-- Overstock Reduced list price while supplies last--( no further discount for this overstock product)- available here: https://bookstore.gpo.gov/products/sku/052-070-07648-8 Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, Public Law 111-312 is available here: https://bookstore.gpo.gov/products/sku/069-000-00198-0 Here Today, Jobs of Tomorrow: Opportunities in Information Technology is available here: https://bookstore.gpo.gov/products/sku/029-001-03313-3

Democratizing Innovation

Democratizing Innovation
Author: Eric Von Hippel
Publisher: MIT Press
Total Pages: 224
Release: 2006-02-17
Genre: Business & Economics
ISBN: 0262250179

The process of user-centered innovation: how it can benefit both users and manufacturers and how its emergence will bring changes in business models and in public policy. Innovation is rapidly becoming democratized. Users, aided by improvements in computer and communications technology, increasingly can develop their own new products and services. These innovating users—both individuals and firms—often freely share their innovations with others, creating user-innovation communities and a rich intellectual commons. In Democratizing Innovation, Eric von Hippel looks closely at this emerging system of user-centered innovation. He explains why and when users find it profitable to develop new products and services for themselves, and why it often pays users to reveal their innovations freely for the use of all.The trend toward democratized innovation can be seen in software and information products—most notably in the free and open-source software movement—but also in physical products. Von Hippel's many examples of user innovation in action range from surgical equipment to surfboards to software security features. He shows that product and service development is concentrated among "lead users," who are ahead on marketplace trends and whose innovations are often commercially attractive. Von Hippel argues that manufacturers should redesign their innovation processes and that they should systematically seek out innovations developed by users. He points to businesses—the custom semiconductor industry is one example—that have learned to assist user-innovators by providing them with toolkits for developing new products. User innovation has a positive impact on social welfare, and von Hippel proposes that government policies, including R&D subsidies and tax credits, should be realigned to eliminate biases against it. The goal of a democratized user-centered innovation system, says von Hippel, is well worth striving for. An electronic version of this book is available under a Creative Commons license.

EU Competition Law, Data Protection and Online Platforms: Data as Essential Facility

EU Competition Law, Data Protection and Online Platforms: Data as Essential Facility
Author: Inge Graef
Publisher: Kluwer Law International B.V.
Total Pages: 342
Release: 2016-10-17
Genre: Law
ISBN: 9041183256

All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.