IRPN: Other Innovation & Law & Policy (Topic)最新文献

The Illusory Promise of Free Enterprise: A Primer for Promoting Racially Diverse Entrepreneurship 自由企业的虚幻承诺:促进种族多元化创业的入门

IRPN: Other Innovation & Law & Policy (Topic) Pub Date : 2020-11-18 DOI: 10.2139/ssrn.3732998

Mirit Eyal-Cohen

{"title":"The Illusory Promise of Free Enterprise: A Primer for Promoting Racially Diverse Entrepreneurship","authors":"Mirit Eyal-Cohen","doi":"10.2139/ssrn.3732998","DOIUrl":"https://doi.org/10.2139/ssrn.3732998","url":null,"abstract":"The U.S. Census reports that minority business ownership exceeds the corresponding racial makeup of U.S. demographics. Based on these figures, the principle of free enterprise seems to be acting on equal grounds. Could entrepreneurship be the social panacea for abolishing racial biases and the inequality gap? \u0000 \u0000This Essay argues that this parity of minority entrepreneurship is misleading. The Kaufman Foundation and Small Business Administration most recently reported that Black-owned firms represent only 7% of all U.S. businesses, Asian-owned firms represent only 4.3%, and Hispanic-owned firms represent only 10.6%. These businesses typically do not grow or expand, leaving the number of people employed by them relatively constant. Overall, minority-owned firms experience more business failure, turnover, and job loss than traditional businesses. This disparity in American free enterprise is, in and of itself, a source of systemic racism and social injustice. \u0000 \u0000Seemingly, American minority entrepreneurs are given a false hope of economic independence. In fact, This Essay illustrates that current legal programs destine many of them for insolvency, bad credit, debt accumulation, or, at best, being rendered small and meaningless in the marketplace without the proper tools and opportunities to increase equity and wealth. \u0000 \u0000The Essay concludes by proposing new legal methods to increase dedicated access to capital, networking, guidance, and education for racially diverse entrepreneurs. Specifically, it proposes relaxing bureaucracy, fixing biases in lending, forming racially inclusive networks, and cultivating the role of lawyers as social agents who can inform minorities about impediments and opportunities to accumulate wealth and economic growth. Such methods may, in turn, reduce systemic inequities caused by racism.","PeriodicalId":180020,"journal":{"name":"IRPN: Other Innovation & Law & Policy (Topic)","volume":"146 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126187502","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Disruptive Innovation and Sunset Clauses: The Case of Uber and Other on Demand Transportation Networks 颠覆性创新和日落条款:优步和其他按需交通网络的案例

IRPN: Other Innovation & Law & Policy (Topic) Pub Date : 2019-07-01 DOI: 10.2139/ssrn.3417083

Antonios Kouroutakis

{"title":"Disruptive Innovation and Sunset Clauses: The Case of Uber and Other on Demand Transportation Networks","authors":"Antonios Kouroutakis","doi":"10.2139/ssrn.3417083","DOIUrl":"https://doi.org/10.2139/ssrn.3417083","url":null,"abstract":"Uber and other on-demand transportation network companies, such as Lyft and Cabify, have brought significant change in the transportation industry within cities. Calling a taxi was never so simple and easy, while the payment transaction was never so fast and convenient. However, such ride sharing platforms brought significant disruption within the taxi business. Nowadays, ride-sharing platforms operate in the vast majorities of the big cities; in some cities like New York, cars affiliated with on-demand ridesharing platforms have not only outnumbered taxis but also and more importantly have taken away millions of rides from taxi drivers. Due to the noticeable drop in passengers, the value of taxi licences has drastically reduced. According to anecdotal references, in 2013, a taxi licence in New York was worth as much as $1.3 million, however, nowadays the price has dropped down to as low as $200,000. As a result, such disruption in the taxi business has brought protests from taxi drivers around the world, and has created challenges to policy makers on how to resolve the conflicting interests and resolve the tension. Such challenges are expected to rise with the spread of the autonomous cars in the future. This chapter aims to examine the utility of sunset clauses in order to resolve this issue. It will use the progressive abolition of roaming changes as a pilot case, which took place with a number of laws subject to sunset clauses, in order to show how such clauses may with temporary regulations to deregulate the taxi industry by creating a predictable business environment for all parties involved. ","PeriodicalId":180020,"journal":{"name":"IRPN: Other Innovation & Law & Policy (Topic)","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132240438","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Artificial Intelligence and the Future of Law Practice in Africa 人工智能与非洲法律实践的未来

IRPN: Other Innovation & Law & Policy (Topic) Pub Date : 2018-12-15 DOI: 10.2139/SSRN.3301937

Ademola Adeyoju

{"title":"Artificial Intelligence and the Future of Law Practice in Africa","authors":"Ademola Adeyoju","doi":"10.2139/SSRN.3301937","DOIUrl":"https://doi.org/10.2139/SSRN.3301937","url":null,"abstract":"Law is the only self-regulated profession on earth. It has not changed much since the industrial revolution. \u0000 \u0000It enjoys substantial immunity from outside challengers, particularly in comparison to other professions. This immunity is safeguarded by the enactment of protectionist professional rules and guidelines which govern civility, ethics, and protect lawyers from overthrow. But it appears very likely that law — though shielded by regulations and imbued in tradition — might not be able to withstand the sweeping influence of the digital revolution for long. “Carefully erected protections sheltering the legal profession from disruption is now being eroded”, and the foundation of the monopoly over legal work and the ‘practice of law’ is beginning to crumble. \u0000 \u0000Traditionally and historically, only lawyers can legally engage in the practice of law. But things are beginning to change. In the landmark case of Lola v Skadden, the Court held that “tasks that could otherwise be performed entirely by a machine cannot be said to engage in the practice of law,” meaning that once some task can be entirely performed by a machine, that task can no longer be considered to be ‘the practice of law’ \u0000 \u0000Just as Salomon v Salomon revolutionized corporate law, the decision in Lola v Skadden may soon spark a global trend. Predictions already abound. According to Deloitte, over 100,000 thousand jobs will be automated in the legal sector in the UK alone by 2025, and companies that fail to adopt AI are fated to be left behind. Law is no longer safe from AI. And a single rock from the agile and fluid AI’s sling may knock down the highly regulated, heavily armored, and greatly encumbered legal profession.","PeriodicalId":180020,"journal":{"name":"IRPN: Other Innovation & Law & Policy (Topic)","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130464463","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Company Law is Bananas 公司法是香蕉

IRPN: Other Innovation & Law & Policy (Topic) Pub Date : 2018-09-27 DOI: 10.2139/SSRN.3265199

K. J. Berg, M. Kawakami

引用次数: 0

Convergence in Public and Private Law Doctrines - The Case of Public Contracts 公法与私法学说的趋同——以公共合同为例

IRPN: Other Innovation & Law & Policy (Topic) Pub Date : 2015-11-14 DOI: 10.2139/SSRN.2690935

J. McLean

引用次数: 1

Economic Efficiency and the Law: Distinguishing Form from Substance 经济效率与法律:区分形式与实质

IRPN: Other Innovation & Law & Policy (Topic) Pub Date : 2015-11-04 DOI: 10.2139/ssrn.2686422

R. Wagner

引用次数: 0

Bankruptcy Risk Exposure of Serbian Hotels in the Period 2008-2012 2008-2012年塞尔维亚酒店破产风险暴露

IRPN: Other Innovation & Law & Policy (Topic) Pub Date : 2015-09-29 DOI: 10.15308/SITCON-2015-164-167

Vule Mizdraković, G. Knežević, Nenad Stanić

{"title":"Bankruptcy Risk Exposure of Serbian Hotels in the Period 2008-2012","authors":"Vule Mizdraković, G. Knežević, Nenad Stanić","doi":"10.15308/SITCON-2015-164-167","DOIUrl":"https://doi.org/10.15308/SITCON-2015-164-167","url":null,"abstract":"The purpose of this paper is to determine the indebtedness level of hotels operating in the Republic of Serbia during the period from 2008-2012. It is presumed that the weakened worldwide economy resulted in the decrease of general business solvency and increase of bankruptcy probability in all industries. Service providers have certainly not been left out, and hotels have been in the focus of this paper. We have collected available financial statements of hotels operating in the Republic of Serbia for the period from 2008-2012. We have calculated several bankruptcy prediction models including: Altman’s Z’ and Z’’-score, M-score, Kralicek’s df score and Z-score for hospitality industry. The results show that the average implicated bankruptcy probability increased in 2010 and 2011, and reached its peak value in 2011. When comparing 2008 and 2011, the average Altman’s scores recorded decrease of approximately 70% and other scores confirm the same results. Therefore, it can be concluded that hotel industry in Serbia recorded the weakest results and has been insolvent and had the greatest risk of going bankrupt in 2010, and especially in 2011.","PeriodicalId":180020,"journal":{"name":"IRPN: Other Innovation & Law & Policy (Topic)","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124818760","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6

Organizational Innovations: The Intersection of Constitutional Rights and Economics of Intellectual Property Law 组织创新:宪法权利与知识产权法经济学的交集

IRPN: Other Innovation & Law & Policy (Topic) Pub Date : 2015-06-26 DOI: 10.2139/ssrn.2623721

S. R. Eftekhari

{"title":"Organizational Innovations: The Intersection of Constitutional Rights and Economics of Intellectual Property Law","authors":"S. R. Eftekhari","doi":"10.2139/ssrn.2623721","DOIUrl":"https://doi.org/10.2139/ssrn.2623721","url":null,"abstract":"It is a permanent question whether the traditional copyright law should recognize novelties and research activities and protect them as individual rights along with organizational achievements as intellectual property. As suggested by some scholars, conventional wisdom holds that patents contribute to progress. However, both current IPR systems including powerful ones such as USA’s, and international agreements overlooked two constitutionally recognized rights. The first is the huge bulk of research and production efforts by human resources and their creative ideas behind these, and the second is the common idea of consumers’ welfare around the world. As a result, one unsettled point is how personal works and achievements, practically produced within organizational research programs or by individual innovations can be legitimate sources of only exclusive rights of those organizations. We pose the question whether personal research and working innovations a person makes, while he is bond with organizational obligations should be organization’s assets or are they under his personal patent rights? Patents normally protect research products in scientific areas entailing huge investments such as HIV drugs, agricultural products, pharmaceutics and informational items as they are intellectual property that belong to corresponding operating bodies. Organizations today depend heavily on personal innovations of their human resources to develop new products and technologies. We, referring to some IP research and legal models, suggest that the ideas and innovative thoughts behind these copy righted products are subsidiary in relation to human resources. Conventional IP law has not yet come to the stand that local and global policies should take into account a kind of differentiation between these two factors as organizational assets.","PeriodicalId":180020,"journal":{"name":"IRPN: Other Innovation & Law & Policy (Topic)","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133423187","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Online Gambling as a Game Changer to Money Laundering? 在线赌博是洗钱的变革者?

IRPN: Other Innovation & Law & Policy (Topic) Pub Date : 2013-04-30 DOI: 10.2139/ssrn.2261266

Ingo Fiedler

引用次数: 16

Law, Finance, and Venture Capital: The Cost of Capital for High-Tech Firms 法律、金融与风险投资:高科技企业的资本成本

IRPN: Other Innovation & Law & Policy (Topic) Pub Date : 2006-09-01 DOI: 10.2139/ssrn.1071644

T. Hall

引用次数: 7