Monthly Archives: October, 2020

Lee Bygrave, ‘Machine Learning, Cognitive Sovereignty and Data Protection Rights with Respect to Automated Decisions’

ABSTRACT Human behaviour is increasingly governed by automated decisional systems based on machine learning (ML) and ‘Big Data’. While these systems promise a range of benefits, they also throw up a congeries of challenges, not least for our ability as humans to understand their logic and ramifications. This chapter maps the basic mechanics of such […]

Christina Angelopoulos, ‘European Copyright and Human Rights in the Digital Sphere’

ABSTRACT For a long time, copyright and human rights took little account of each other. The emergence of digital technology, however, has forced a more intimate interaction. This interaction raises questions about both the nature of copyright and its relationship with other interests: is copyright a human right and, if so, how can clashes with […]

Joshua Fershee, ‘This, I Believe: A New Look at Corporate Purpose, Director Primacy and the Business Judgment Rule’

ABSTRACT I believe in the theory of Director Primacy. I believe in the Business Judgment Rule as an abstention doctrine, and I believe that Corporate Social Responsibility is choice, not a mandate. I believe in long-term planning over short-term profits, but I believe that directors get to choose either one to be the focus of […]

Matthew Marinett, ‘The Race to the Bottom: Comity and Cooperation in Global Internet Takedown Orders’

ABSTRACT In Google v Equustek, the Supreme Court of Canada upheld an injunction requiring Google to delist certain websites from its search results worldwide. The decision raised the spectre of nations using their domestic laws to control information available to Internet users around the globe. The possibility that the case could set a precedent to […]

Lee Anne Fennell, ‘Remixing Resources’

ABSTRACT This essay, part of a symposium on new challenges for law and economics, argues for an approach to resource access that connects rather than separates questions of efficiency and distribution. It proceeds from the premise that putting together the most valuable combinations of resources – including human capital – is of central and increasing […]

‘Book review: The Reasonable Robot, Artificial Intelligence and the Law

“In the description of The Reasonable Robot, Artificial Intelligence and the Law by Ryan Abbott (University of Surrey) it says: ‘Abbott argues that the law should not discriminate between AI and human behaviour and proposes a new legal principle that will ultimately improve human well-being.’ This Kat was intrigued to find out more! The book […]

‘GDPR Compliance in Light of Heavier Sanctions to Come – at Least in Theory’

“Ridiculously low ceilings on administrative fines hindered the effectiveness of EU data protection law for over twenty years. US tech giants may have seen these fines as a cost of doing business. Now, over two years after the commencement of the European Union’s widely heralded General Data Protection Regulation (GDPR), the anticipated billion-euro sanctions of […]

James Nehf, ‘A Comparative Analysis of the Regulation of Unfair Terms in Asia’

ABSTRACT This paper examines the regulation of unfair terms in consumer contracts, as reported by consumer law experts in more than a dozen Asian countries. The comparative analysis proceeds in four parts and draws some comparisons to the regulation of unfair terms in the United States. The first part examines the role of general doctrines […]

James Nehf, ‘Regulation of Unfair Terms in Consumer Contracts – An American Perspective’

ABSTRACT In the typical merchant-consumer transaction, standard terms are of course the norm. Consumer transactions are documented by contracts of adhesion where most, if not all, of the terms are drafted by the merchant and are not negotiable. Even if they were negotiable, the vast majority of consumers will either not be aware of this […]

van der Velden, Contino, Akkermans and Das, ‘Victims of Medical Errors and the Problems They Face: A Prospective Comparative Study Among the Dutch Population’

ABSTRACT Background: A large number of studies are devoted to medical errors, but only a few focused on the problem’s victims of these errors face. Prospective comparative studies on this topic are absent. The aim of this prospective comparative study is to fill this gap of scientific knowledge that may help to improve the care […]