LSN: Legal Information Scholarship (Topic)最新文献

{"title":"Artificial Intelligence and Trade","authors":"Anupam Chander","doi":"10.1017/9781108919234.008","DOIUrl":"https://doi.org/10.1017/9781108919234.008","url":null,"abstract":"Artificial Intelligence is already powering trade today. It is crossing borders, learning, making decisions, and operating cyber-physical systems. It underlies many of the services that are offered today – from customer service chatbots to customer relations software to business processes. The chapter considers AI regulation from the perspective of international trade law. It argues that foreign AI should be regulated by governments – indeed that AI must be ‘locally responsible’. The chapter refutes arguments that trade law should not apply to AI and shows how the WTO agreements might apply to AI using two hypothetical cases . The analysis reveals how the WTO agreements leave room for governments to insist on locally responsible AI, while at the same time promoting international trade powered by AI.","PeriodicalId":212777,"journal":{"name":"LSN: Legal Information Scholarship (Topic)","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122764372","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}

{"title":"It’s Not What It Looks Like: How Claims of Self-Publishing Bias in Legal Scholarship Are Exaggerated","authors":"Michael Conklin","doi":"10.2139/ssrn.3588957","DOIUrl":"https://doi.org/10.2139/ssrn.3588957","url":null,"abstract":"The unique transparency in law journal submissions invites criticism for both letterhead bias and self-publication bias. Letterhead bias is when editors use information about an author—prior publications, reputation, prestige of affiliated institution, etc.—as a proxy for article quality, thus adjusting the level of consideration given to their submission accordingly. Self-publishing bias is when student editors give preferential treatment to the submissions received by law professors at their same institution. Studies as early as 1983 have consistently and conclusively found that self-publishing rates among elite law schools can surpass 20%. However, the existence of high self-publishing rates does not necessarily prove self-publishing bias. This Article presents numerous, alternative explanations that do not implicate self-publishing bias. Unfortunately, current scholarship on the subject largely ignores these alternative explanations. <br><br>This Article also highlights problems with self-publication proponents’ claims. These include how claiming “disproportionate” self-publishing levels is flawed because there is no “correct” self-publishing level from which to judge a deviation, the implication that the merits of submissions are objectively measurable, how the alleged harms from self-publishing are frequently overstated, and how proposed reforms would be largely ineffective at addressing these problems. The novel arguments provided in this Article serve to fill glaring gaps in the literature, thus providing a more complete view of the issue.","PeriodicalId":212777,"journal":{"name":"LSN: Legal Information Scholarship (Topic)","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121084518","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}

{"title":"The Emergence of Computational Legal Studies: An Introduction","authors":"Ryan Whalen","doi":"10.4337/9781788977456.00005","DOIUrl":"https://doi.org/10.4337/9781788977456.00005","url":null,"abstract":"This volume arrives at an important inflection point in the relationship between law and computation. Technological, scientific, and methodological developments are increasingly allowing computation to provide not just efficiencies in the traditional ways we practice or study the law, but new perspectives on the law and potential paradigmatic shifts in how we think about and understand it. These developments have already been major factors in the recent evolution of many other academic fields, as evidenced for example by the rise of computational social science, computational biology, the digital humanities, and many more emerged and still-emerging subdisciplines. Although law has perhaps lagged somewhat behind its peer disciplines in adopting and adapting computational research methods, that has begun to change in recent years as more-and-more legal scholars have begun applying computational methods in the course of their research. This volume explores this emergence of computational legal studies by presenting a variety of research that is either representative of, or in conversation with, the field.","PeriodicalId":212777,"journal":{"name":"LSN: Legal Information Scholarship (Topic)","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127544749","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}

{"title":"Imposing Regulation on Advanced Algorithms","authors":"F. Fitsilis","doi":"10.1007/978-3-030-27979-0","DOIUrl":"https://doi.org/10.1007/978-3-030-27979-0","url":null,"abstract":"","PeriodicalId":212777,"journal":{"name":"LSN: Legal Information Scholarship (Topic)","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124135091","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}

{"title":"Towards Scientific Guidelines for Interdisciplinary Research in the Field of Law","authors":"Nikita Punchoo","doi":"10.2139/ssrn.3303396","DOIUrl":"https://doi.org/10.2139/ssrn.3303396","url":null,"abstract":"This paper sets out to explore the absence of criteria in the field of law, to guide the legal researcher’s choice to use interdisciplinary knowledge to explain or clarify certain types of subject-matter, under consideration in the field of law. It advances the view that interdisciplinary research proves desirable because it allows for connections and delineations to be made between different disciplines in an integrated way, that serve to clarify, broaden or benefit legal knowledge about a subject-matter in the field of law. This is particularly important for the legal researcher, when considering subject-matter in the field of law that requires insights from other disciplines, to bolster its legal understanding. However, assessing the appropriateness of the choice to use interdisciplinary knowledge, in a research context to clarify or explain subject-matter in the field of law could require that the use of interdisciplinary knowledge not be made. Even in such circumstances, it is an exemplar of interdisciplinary knowledge, informing research in the field of law.","PeriodicalId":212777,"journal":{"name":"LSN: Legal Information Scholarship (Topic)","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128252884","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}

{"title":"Alternative Business Structures' 'Charity Step' to Ending the General Practitioner","authors":"Ken Chasse","doi":"10.2139/SSRN.3020489","DOIUrl":"https://doi.org/10.2139/SSRN.3020489","url":null,"abstract":"Alternative Business Structures (ABS investors owning law firms), could hasten the end of the general practitioner throughout Canada. Investors, not being lawyers, would have to be granted an exception to law society bylaws in regard to the offence of “unauthorized practice of law,” (UPL). If so, so should the commercial producers of legal services — producers such as, LegalZoom, RocketLawyer, and LegalX. In the U.S., they have shown that they can rapidly eat into the market of the general practitioner. And they have begun to have a presence in Canada; see: LegalZoom.ca; and, MaRS launches LegalX. \u0000But because law societies in Canada have done nothing to try to solve the unaffordable legal services problem (“the problem”), they have undercut their ability to prosecute them for the UPL offence. And, ABSs cannot solve or lessen the problem because any improvement they might finance cannot produce affordable legal services for middle and lower income people because the method of producing legal services is very obsolete. Law societies’ refusal to try to solve the problem, will remain as an obstacle to UPL prosecutions of the commercial producers who can serve middle and lower income people with their legal services, particularly so when they have a large clientele of many thousands of customers. \u0000In September 2017, the law society in the province of Ontario (the Law Society of Ontario (LSO)), approved in principle the “charity ABSs,” i.e., to allow lawyers and paralegals to deliver legal services through various non-profit civil society organizations (CSOs), to clients of such organizations, allegedly to facilitate access to justice. \u0000It has reactivated a long existing debate between those lawyers whose clients can be ABS investors, and those whose clients are “of the people and small business and institutions,” i.e., the clients of the general practitioner, the solo practitioner, and the small unspecialized law office. It is feared that allowing such ABSs will definitely lead to all other forms of ABSs being allowed. The purpose of such investors is to “corner the market” for routine legal services — services readily automated or that can be substantially assisted by automation. That is a large threat to general practitioners and to “personal injury” lawyers. However, the experience had in England and Australia has shown that ABSs cannot have significant impact upon the problem of unaffordable legal services. \u0000Law firms who have such investor-clients, particularly so the large corporate-commercial law firms, can potentially earn millions of dollars in legal fees representing such investors in hundreds of negotiations with individual law firms. Because the unaffordable legal services problem has left middle and lower income people able to afford only routine legal services at most, and as a result, the majority of law firms very short of clients, this is a particularly opportune time to be ready to represent such investors who offer to finance autom","PeriodicalId":212777,"journal":{"name":"LSN: Legal Information Scholarship (Topic)","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128851962","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}

{"title":"Regdata 3.0 User's Guide","authors":"P. McLaughlin, Oliver Sherouse, Daniella Francis, Michael Gasvoda, Jonathan Nelson, S. Strosko, Tyler Richards","doi":"10.2139/ssrn.3044802","DOIUrl":"https://doi.org/10.2139/ssrn.3044802","url":null,"abstract":"We describe RegData 3.0, a database released by the RegData Project at the Mercatus Center at George Mason University on August 31, 2017, for the purpose of facilitating third-party usage. We explain the primary features of the database, describe the methodology used to build it, and list the pre-made datasets available for download from the RegData 3.0 database.","PeriodicalId":212777,"journal":{"name":"LSN: Legal Information Scholarship (Topic)","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132103310","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}

{"title":"Empirical Studies of Copyright Registration","authors":"Dotan Oliar","doi":"10.4337/9781789903997.00068","DOIUrl":"https://doi.org/10.4337/9781789903997.00068","url":null,"abstract":"Despite the blossoming of copyright law and authorship theories over the past decades, there has thus far been very little in terms of empirical research to either affirm or refute any. Fortunately, the Copyright Office is home to the largest and oldest running registry of copyright claims worldwide, whose contents give a sense of the rate and direction of the production of literature, music, theatre, dance, the fine arts, movies and other original and expressive works of authorship in the U.S. over time. In recent years, a small yet growing body of literature has started to look at registration records in order to inform copyright policy. \u0000This essay provides a survey of the empirical literature on copyright registration to date. Chronologically, the literature has come to rely on better data over time. Initial studies used registration data that were noisy in significant ways; later studies composed their statistics by aggregating the contents of individual registration records scoured from the Copyright Office’s website; current studies rely on accurate data obtained directly from the Office. Registration data have been used to provide descriptive statistics about authors, the authorship process and the rate and direction of authorial creativity; to challenge accepted premises of copyright and authorship theories; to assess the prudence of particular copyright reforms and to assess the overall performance of the copyright system. The forthcoming public release of registration data is likely to contribute to their further scholarly analysis.","PeriodicalId":212777,"journal":{"name":"LSN: Legal Information Scholarship (Topic)","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128358013","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}

{"title":"Privacy in Online Markets: A Welfare Analysis of Demand Rotations","authors":"Daniel P. O'Brien, Doug Smith","doi":"10.2139/ssrn.2477052","DOIUrl":"https://doi.org/10.2139/ssrn.2477052","url":null,"abstract":"We compare the private and social incentives for privacy when sellers can commit to transparent privacy policies that are understood by consumers. The purpose is to establish a baseline for how well markets perform when firms' privacy policies are common knowledge. In this setting, if the market is competitive, the outcome is first best or firms provide too much privacy. For monopolized markets, we obtain new results for the welfare effects of demand rotations when preferences over the good and privacy are drawn from the location-scale family, which includes the normal (probit) and logistic (logit) models of demand. We discuss the nature of the distortions and implications for policy toward privacy and the market provision of product attributes generally.","PeriodicalId":212777,"journal":{"name":"LSN: Legal Information Scholarship (Topic)","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132542345","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}

{"title":"The 2010-11 Survey of Applied Legal Education","authors":"R. Kuehn, David A. Santacroce","doi":"10.2139/SSRN.3397322","DOIUrl":"https://doi.org/10.2139/SSRN.3397322","url":null,"abstract":"This report presents the results of the 2010-11 Center for the Study of Applied Legal Education (CSALE) “Survey of Applied Legal Education.” The Survey was composed of four parts – a Master Survey that was directed to each of the 194 ABA fully-accredited U.S. law schools; Live-Client Clinics and Field Placement Program Sub-Surveys that were distributed by the schools to the persons responsible for each distinct law clinic or field placement program at the school; and a Faculty Sub-Survey that was distributed by the schools to each applied legal educator at its school. The results provide valuable insight into the state of applied legal education in areas such as program design, capacity, administration, funding, pedagogy, program challenges, and the role of applied legal education and educators in the legal academy. This is the second triennial survey, following up on the initial survey in 2007-08.","PeriodicalId":212777,"journal":{"name":"LSN: Legal Information Scholarship (Topic)","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122967184","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}