法　学 — 全 下位分類

Examining the constitutional context within which the Internet is regulated, and the policies that have informed this regulation over the years, Andrej Savin explores recent policy documents on illegal and harmful content online, communications on platforms and the 2020 Digital Single Market strategy, as well as further developments in the case law of the Court of Justice of the European Union. He also investigates key issues such as electronic commerce, jurisdiction, content regulation, intellectual property, consumer protection, criminal regulation, and recent developments in GDPR.

This third edition of EU Internet Law will be a crucial read for academics, students, and practitioners working at the intersections of the Internet, technology, and commercial, economic and information law across the EU and beyond.

The jurisdictions examined are Australia, Canada, China, Croatia, England and Wales, India, Italy, Japan, the Netherlands, Nigeria, Poland, South Africa, and the United States. The core findings are four-fold. First, the norms and practices of each discipline regime differ in ways that reflect distinct social, political, and cultural contexts. Second, some jurisdictions are doing better than others in responding to challenges of designing a nuanced and normatively defensible regime. Third, no jurisdiction has yet managed to construct a regime that can be said to adequately promote public confidence. Finally, important lessons can be learned through analysis of, and critically constructive engagement with, other jurisdictions.

The first comprehensive comparative collection on judicial discipline systems, Disciplining Judges, will inspire new conversations among academics, students, judges, governmental officials and political scientists.

How much power does a monarch really have? How much autonomy do they enjoy? Who regulates the size of the royal family, their finances, the rules of succession? These are some of the questions considered in this edited collection on the monarchies of Europe.

The book is written by experts from Belgium, Denmark, Luxembourg, the Netherlands, Norway, Spain, Sweden and the UK. It considers the constitutional and political role of monarchy, its powers and functions, how it is defined and regulated, the laws of succession and royal finances, relations with the media, the popularity of the monarchy and why it endures.

No new political theory on this topic has been developed since Bagehot wrote about the monarchy in The English Constitution (1867). The same is true of the other European monarchies. 150 years on, with their formal powers greatly reduced, how has this ancient, hereditary institution managed to survive and what is a modern monarch's role? What theory can be derived about the role of monarchy in advanced democracies, and what lessons can the different European monarchies learn from each other?

The public look to the monarchy to represent continuity, stability and tradition, but also want it to be modern, to reflect modern values and be a focus for national identity. The whole institution is shot through with contradictions, myths and misunderstandings. This book should lead to a more realistic debate about our expectations of the monarchy, its role and its future. The contributors are leading experts from all over Europe: Rudy Andeweg, Ian Bradley, Paul Bovend'Eert, Axel Calissendorff, Frank Cranmer, Robert Hazell, Olivia Hepsworth, Luc Heuschling, Helle Krunke, Bob Morris, Roger Mortimore, Lennart Nilsson, Philip Murphy, Quentin Pironnet, Bart van Poelgeest, Frank Prochaska, Charles Powell, Jean Seaton, Eivind Smith.

This book explores convergences of legal doctrine despite jurisdictional, cultural and political barriers, as well as divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading experts from all continents, its 26 chapters present a comparative analysis of cutting-edge legal issues of the 21st century.

While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. Several of the chapters show how, in addition to state normative production and state adjudication, a growing panoply of non-state instruments and non-state adjudication are becoming more and more central to the legal field.

This book is a key addition to the library of any scholar wanting to keep abreast of the major trends in contemporary law. Representing the current state of law in a vast range of areas, it covers each topic from a comparative perspective.

Cet ouvrage, en examinant des sujets d'une importance vitale pour les juristes contemporains, traite des convergences de la doctrine juridique malgre les barrieres juridictionnelles, culturelles et politiques ainsi que des divergences dues a ces barrieres. Ecrits par d'eminents universitaires de tous les continents, ses 26 chapitres presentent une analyse comparative de sujets juridiques majeurs du 21e siecle.

Dans un monde technologiquement avance, bien que chaque pays analyse dans cet ouvrage demeure autonome en tant qu'Etat souverain, l'ensemble des systemes disparates presente neanmoins des strategies comparables pour traiter des questions juridiques complexes. En outre, plusieurs chapitres montrent comment, en plus de la production normative et de la resolution des differends etatiques, la panoplie croissante de differents types d'instruments non etatiques et de resolution nonetatique des differends devient de plus en plus centrale dans la sphere juridique.

Cet ouvrage est un ajout essentiel a la bibliotheque de tout universitaire souhaitant se tenir au courant des principales tendances du droit contemporain. Il couvre un vaste domaine de sujets traites d'un point de vue comparatif et represente l'etat actuel du droit dans chaque domaine.

This book discusses how technological innovations have affected the resolution of disputes arising from electronic commerce in the European Union, UK and China. Online dispute resolution (ODR) is a form of alternative dispute resolution in which information technology is used to establish a process that is more effective and conducive to resolving the specific types of dispute for which it was created.

In closing, the book draws on the latest legislation in the field of e-commerce law and dispute resolution in order to make recommendations for future ODR design, such as the EU Platform-to-Business Regulation on Promoting Fairness and Transparency for Business Users of Online Intermediation Services (2019) and the United Nations Convention on International Settlement Agreements Resulting from Mediation (2018), which provide the legal basis for ODR's future development.

Exploring potential scenarios of artificial intelligence regulation which prevent automated reality harming individual human rights or social values, this book reviews current debates surrounding AI regulation in the context of the emerging risks and accountabilities. Considering varying regulatory methodologies, it focuses mostly on EU's regulation in light of the comprehensive policy making process taking place at the supranational level.

Taking an ethics and humancentric approach towards artificial intelligence as the bedrock of future laws in this field, it analyses the relations between fundamental rights impacted by the development of artificial intelligence and ethical standards governing it. It contains a detailed and critical analysis of the EU's Ethic Guidelines for Trustworthy AI, pointing at its practical applicability by the interested parties. Attempting to identify the most transparent and efficient regulatory tools that can assure social trust towards AI technologies, the book provides an overview of horizontal and sectoral regulatory approaches, as well as legally binding measures stemming from industries' self-regulations and internal policies.

How are new technologies changing the practice of law?

With examples and explanations drawn from the UK, US, Canada, Australia and other common law countries, as well as from China and Europe, this book considers the opportunities and implications for lawyers as artificial intelligence systems become commonplace in legal service delivery. It examines what lawyers do in the practice of law and where AI will impact this work. It also explains the important continuing role of the lawyer in an AI world.

This book is divided into three parts:

Part A provides an accessible explanation of AI, including diagrams, and contrasts this with the role and work of lawyers.

Part B focuses on six different aspects of legal work (litigation, transactional, dispute resolution, regulation and compliance, criminal law and legal advice and strategy) where AI is making a considerable impact and looks at how this is occurring.

Part C discusses how lawyers and law firms can best utilise the promise of AI, while also acknowledging its limitations. It also discusses ethical and regulatory issues, including the lawyer's role in upholding the rule of law.

What does computable law mean for the autonomy, authority, and legitimacy of the legal system? Are we witnessing a shift from Rule of Law to a new Rule of Technology? Should we even build these things in the first place?

This unique volume collects original papers by a group of leading international scholars to address some of the fascinating questions raised by the encroachment of Artificial Intelligence (AI) into more aspects of legal process, administration, and culture. Weighing near-term benefits against the longer-term, and potentially path-dependent, implications of replacing human legal authority with computational systems, this volume pushes back against the more uncritical accounts of AI in law and the eagerness of scholars, governments, and LegalTech developers, to overlook the more fundamental - and perhaps 'bigger picture' - ramifications of computable law.

With contributions by Simon Deakin, Christopher Markou, Mireille Hildebrandt, Roger Brownsword, Sylvie Delacroix, Lyria Bennet Moses, Ryan Abbott, Jennifer Cobbe, Lily Hands, John Morison, Alex Sarch, and Dilan Thampapillai, as well as a foreword from Frank Pasquale.

In this book, expert contributors explore how problems ranging from disinformation to hate speech to copyright violations are framed and tackled though legislation, codes of conduct and judicial interpretation. The chapters discuss positive law developments in the intersection of intermediary liability and rights, considering both the history and current intellectual debates surrounding European and US legislative initiatives. In addition to examining how the European Union and individual European nations regulate speech online, the book also analyses the e-Commerce Directive, the case law of the European Court of Human Rights and principles established under the United Nations. It concludes that content regulation online is best captured by the notion of 'speech curation', involving both private and public actors.

Taking a human rights approach to online speech regulation, this timely book will be critical reading for academics and students of law, particularly those with an interest in internet law, information law and human rights. Its exploration of intermediary liability and fundamental rights will also be beneficial for legal practitioners working in online rights protection.

Shines a light on the emerging field of law dedicated to responding to and resolving the crises of the twenty-first century
In an increasingly globalized world, a complex and interlocking web of nations, governments, non-state actors, laws, and rules affect human behavior. When crisis hits-whether that be extrajudicial detention, unprompted deportation, pandemics, or natural disasters-lawyers are increasingly among the first responders, equipped with the knowledge necessary to navigate the regulations of this ever more complex world.
Crisis Lawyering explores this phenomenon and attempts to identify and define what it means to engage in the practice of law in crisis situations. In so doing, it hopes to sketch out the contours of the emerging field of crisis lawyering. Contributors to this volume explore cases surrounding domestic violence; dealing with immigrants in detention and banned from travel; policing in Ferguson, Missouri; the kidnapping of journalists; and climate change, among other crises. Their analysis not only serves as guidance to lawyers in such situations, but also helps others who deal with crises understand those crises-and the role of lawyers in them-better so that they may respond to them more effectively, efficiently, collaboratively and creatively.
Crisis Lawyering shines a light on the emerging field of law dedicated to responding to and resolving the complex crises of the twenty-first century.