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| Author | : Roger Brownsword |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 344 |
| Release | : 2008 |
| Genre | : Business & Economics |
| ISBN | : |
This title provides panoramic commentary on the dynamics of regulation in the face of the last century's technological revolutions. It examines how rapid technological change has transformed the relationship between regulators and wider society.
| Author | : M.Todd Henderson |
| Publisher | : Cambridge University Press |
| Total Pages | : 235 |
| Release | : 2019-08-15 |
| Genre | : Business & Economics |
| ISBN | : 1108494234 |
Traces the history of innovation and trust, demonstrating how the Internet offers new ways to rehabilitate and strengthen trust.
| Author | : Cass R. Sunstein |
| Publisher | : Harvard University Press |
| Total Pages | : 300 |
| Release | : 1990 |
| Genre | : Law |
| ISBN | : 9780674009097 |
In the twentieth century, American society has experienced a "rights revolution" a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.
| Author | : Jack A. Goldstone |
| Publisher | : Oxford University Press |
| Total Pages | : 177 |
| Release | : 2023 |
| Genre | : History |
| ISBN | : 0197666302 |
"In the 20th and 21st century revolutions have become more urban, often less violent, but also more frequent and more transformative of the international order. Whether it is the revolutions against Communism in Eastern Europe and the USSR; the "color revolutions" across Asia, Europe and North Africa; or the religious revolutions in Iran, Afghanistan, and Syria; today's revolutions are quite different from those of the past. Modern theories of revolution have therefore replaced the older class-based theories with more varied, dynamic, and contingent models of social and political change. This new edition updates the history of revolutions, from Classical Greece and Rome to the Revolution of Dignity in the Ukraine, with attention to the changing types and outcomes of revolutionary struggles. It also presents the latest advances in the theory of revolutions, including the issues of revolutionary waves, revolutionary leadership, international influences, and the likelihood of revolutions to come. This volume provides a brief but comprehensive introduction to the nature of revolutions and their role in global history"--
| Author | : Alexis de Tocqueville |
| Publisher | : |
| Total Pages | : 364 |
| Release | : 1856 |
| Genre | : History |
| ISBN | : |
| Author | : Ian Brown |
| Publisher | : MIT Press |
| Total Pages | : 289 |
| Release | : 2013-03-01 |
| Genre | : Law |
| ISBN | : 0262312956 |
The case for a smarter “prosumer law” approach to Internet regulation that would better protect online innovation, public safety, and fundamental democratic rights. Internet use has become ubiquitous in the past two decades, but governments, legislators, and their regulatory agencies have struggled to keep up with the rapidly changing Internet technologies and uses. In this groundbreaking collaboration, regulatory lawyer Christopher Marsden and computer scientist Ian Brown analyze the regulatory shaping of “code”—the technological environment of the Internet—to achieve more economically efficient and socially just regulation. They examine five “hard cases” that illustrate the regulatory crisis: privacy and data protection; copyright and creativity incentives; censorship; social networks and user-generated content; and net neutrality. The authors describe the increasing “multistakeholderization” of Internet governance, in which user groups argue for representation in the closed business-government dialogue, seeking to bring in both rights-based and technologically expert perspectives. Brown and Marsden draw out lessons for better future regulation from the regulatory and interoperability failures illustrated by the five cases. They conclude that governments, users, and better functioning markets need a smarter “prosumer law” approach. Prosumer law would be designed to enhance the competitive production of public goods, including innovation, public safety, and fundamental democratic rights.
| Author | : Maxwell Bloomfield |
| Publisher | : Harvard University Press |
| Total Pages | : 236 |
| Release | : 2000-09-15 |
| Genre | : History |
| ISBN | : 9780674003040 |
Few Americans understand the Constitution’s workings. Its real importance for the average citizen is as an enduring reminder of the moral vision that shaped the nation's founding. Maxwell Bloomfield looks at the broader appeal that constitutional idealism has always made to the American imagination through publications and films.
| Author | : Stephen F. Williams |
| Publisher | : Encounter Books |
| Total Pages | : 361 |
| Release | : 2017-11-07 |
| Genre | : History |
| ISBN | : 1594039542 |
Besides absolutists of the right (the tsar and his adherents) and left (Lenin and his fellow Bolsheviks), the Russian political landscape in 1917 featured moderates seeking liberal reform and a rapid evolution towards a constitutional monarchy. Vasily Maklakov, a lawyer, legislator and public intellectual, was among the most prominent of these, and the most articulate and sophisticated advocate of the rule of law, the linchpin of liberalism. This book tells the story of his efforts and his analysis of the reasons for their ultimate failure. It is thus, in part, an example for movements seeking to liberalize authoritarian countries today—both as a warning and a guide. Although never a cabinet member or the head of his political party—the Constitutional Democrats or “Kadets”—Maklakov was deeply involved in most of the political events of the period. He was defense counsel for individuals resisting the regime (or charged simply for being of the wrong ethnicity, such as Menahem Beilis, sometimes considered the Russian Dreyfus). He was continuously a member of the Kadets’ central committee and their most compelling orator. As a somewhat maverick (and moderate) Kadet, he stood not only between the country’s absolute extremes (the reactionary monarchists and the revolutionaries), but also between the two more or less liberal centrist parties, the Kadets on the center left, and the Octobrists on the center right. As a member of the Second, Third and Fourth Dumas (1907-1917), he advocated a wide range of reforms, especially in the realms of religious freedom, national minorities, judicial independence, citizens’ judicial remedies, and peasant rights.
| Author | : Christopher Heath |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 330 |
| Release | : 2020-05-22 |
| Genre | : Law |
| ISBN | : 9403522135 |
The convergence of various fields of technology is changing the fabric of society. Big data and data mining, Internet of Things, artificial intelligence and blockchains are already affecting business models and leading to a social and economic transformations that have been dubbed by the fourth industrial revolution. Focusing on the framework of intellectual property rights, the contributions to this book analyse how the technical background of this massive transformation affects intellectual property law and policy and how intellectual property is likely to change in order to serve the society. Well-known authorities in intellectual property law offer in-depth chapters on the roles in this revolution of such concepts and actualities as the following: power and role of data as the raw material of the revolution; artificial inventors and creators; trade marks in the dimension of avatars and fictional game characters; concept of inventive step change where the person skilled in the art is virtual; data rights versus intellectual property rights; transparency in the context of big data; interrelations of data, technology transfer and antitrust; self-executable and ‘smart’ contracts; redefining the balance among exclusive rights, development, technology transfer and contracts; and proprietary information versus the public domain. The chapters also provide complete analyses of how big data changes decision-making processes, how sustainable development requires redefinition, how technology transfer is re-emerging as technology diffusion and how the role of contracts and blockchain as instruments of monitoring and enforcement are being defined. Offering the first in-depth legal commentary and analysis of this highly topical issue, the book approaches the fourth industrial revolution from the perspectives of technical background, society and law. Its authoritative analysis of how the data-driven economy influences innovation and technology transfer is without peer. It will be welcomed by practicing lawyers in intellectual property rights and competition law, as well as by academics, think tanks and policymakers.
| Author | : Cass R. Sunstein |
| Publisher | : MIT Press |
| Total Pages | : 286 |
| Release | : 2019-09-24 |
| Genre | : Political Science |
| ISBN | : 0262538016 |
Why policies should be based on careful consideration of their costs and benefits rather than on intuition, popular opinion, interest groups, and anecdotes. Opinions on government policies vary widely. Some people feel passionately about the child obesity epidemic and support government regulation of sugary drinks. Others argue that people should be able to eat and drink whatever they like. Some people are alarmed about climate change and favor aggressive government intervention. Others don't feel the need for any sort of climate regulation. In The Cost-Benefit Revolution, Cass Sunstein argues our major disagreements really involve facts, not values. It follows that government policy should not be based on public opinion, intuitions, or pressure from interest groups, but on numbers—meaning careful consideration of costs and benefits. Will a policy save one life, or one thousand lives? Will it impose costs on consumers, and if so, will the costs be high or negligible? Will it hurt workers and small businesses, and, if so, precisely how much? As the Obama administration's “regulatory czar,” Sunstein knows his subject in both theory and practice. Drawing on behavioral economics and his well-known emphasis on “nudging,” he celebrates the cost-benefit revolution in policy making, tracing its defining moments in the Reagan, Clinton, and Obama administrations (and pondering its uncertain future in the Trump administration). He acknowledges that public officials often lack information about costs and benefits, and outlines state-of-the-art techniques for acquiring that information. Policies should make people's lives better. Quantitative cost-benefit analysis, Sunstein argues, is the best available method for making this happen—even if, in the future, new measures of human well-being, also explored in this book, may be better still.
