Author: Miquel Martín-CasalsPublisher: Cambridge University Press
ISBN: 1107475805
Category : Law
Languages : en
Pages : 303
Book Description
A study of how established rules of tort law have responded to technological change.
The Development of Liability in Relation to Technological Change
Author: Miquel Martín-CasalsPublisher: Cambridge University Press
ISBN: 1107475805
Category : Law
Languages : en
Pages : 303
Book Description
A study of how established rules of tort law have responded to technological change.
Indirect Copyright Liability and Technological Innovation
Author: Peter S. MenellPublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
Over the past decade, numerous scholars and commentators have asserted that the indirect copyright liability standards applied in the Napster, Aimster, and Grokster decisions, among others, significantly chill technological innovation. This article examines this critical conjecture and offers both a broader framework for assessing the relationship between indirect copyright liability and technological innovation and some suggestive empirical results. The conceptual analysis demonstrates that the question of whether indirect copyright liability chills technological innovation inherently requires consideration of a broader range of social balances, market mechanisms, and roles for mediating institutions. Several countervailing forces, such as the relatively modest capital requirements associated with the technology at issue, the nature of the many established research environments, the philosophical and cultural orientation of many digital technology researchers, various liability-insulating institutions, the ability of investors and technology companies to manage risk, and the importance of technological advance in fields unaffected by copyright liability, suggest that the effects of indirect copyright liability on innovation in replication and distribution technologies will be less dire and more complex than the conjecture suggests. Moreover, the Chilled Innovation conjecture downplays the beneficial effects of indirect copyright liability on the development of balanced technologies (those that tend to balance incentives to create copyrighted works with advances in information dissemination) while ignoring the adverse effects of broad immunity, which fosters deployment of parasitic technologies that tend to drive out balanced technologies. To the extent that the Chilled Innovation conjecture has force, it is not at the basic research and development stages of the innovation pipeline, but rather at the commercialization stage - which is where in the innovation process such effects are most appropriately focused. This limits the effects of choking innovation in its infancy. The article also offers a partial test of the chilled innovation conjecture by examining academic research and patent data. The findings indicate that the Napster-Aimster-Grokster trilogy does not appear to have derailed technological innovation in the peer-to-peer field.
Keeping Pace with Change: Fintech and the Evolution of Commercial Law
Author: International Monetary FundPublisher: International Monetary Fund
ISBN: 1616358750
Category :
Languages : en
Pages : 31
Book Description
This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.
The Economics of Artificial Intelligence
Author: Ajay AgrawalPublisher: University of Chicago Press
ISBN: 0226833127
Category : Business & Economics
Languages : en
Pages : 172
Book Description
A timely investigation of the potential economic effects, both realized and unrealized, of artificial intelligence within the United States healthcare system. In sweeping conversations about the impact of artificial intelligence on many sectors of the economy, healthcare has received relatively little attention. Yet it seems unlikely that an industry that represents nearly one-fifth of the economy could escape the efficiency and cost-driven disruptions of AI. The Economics of Artificial Intelligence: Health Care Challenges brings together contributions from health economists, physicians, philosophers, and scholars in law, public health, and machine learning to identify the primary barriers to entry of AI in the healthcare sector. Across original papers and in wide-ranging responses, the contributors analyze barriers of four types: incentives, management, data availability, and regulation. They also suggest that AI has the potential to improve outcomes and lower costs. Understanding both the benefits of and barriers to AI adoption is essential for designing policies that will affect the evolution of the healthcare system.
Comparative Studies in the Development of the Law of Torts in Europe: General introduction Miquel Martin-Casals; 2. Technological change and the development of liability for fault in England and Wales Jonathan Morgan; 3. Technological change and the development of liability for fault in France Yvonne Salmon; 4. Technological change and the development of liability for fault in Germany Jens Scherpe; 5. Technological change and the development of liability for fault in Italy Chiara Favilli; 6. Technological change and the development of liability for fault in Spain Miquel Martín-Casals and Jordi Ribot. Volume 5. The Development of Traffic Liability: 1. General introduction Wolfgang Ernst; 2. The development of traffic liability in England and Wales Roderick Bagshaw; 3. The development of traffic liability in France Anne Guégan-Lécuyer; 4. The development of traffic liability in Germany Sebastian Lohsse; 5. The development of traffic liability in the Netherlands Cees van Dam and Gerrit van Maanen; 6. The development of traffic liability in Spain Isabel González Pacanowksa; 7. The development of traffic liability in Sweden Sandra Friberg and Bill W. Dufwa; Main code provisions cited. Volume 6. The Development and Making of Legal Doctrine: 1. The development of legal doctrine in Europe: extracontractual liability for fault Nils Jansen; 2. The tort of negligence in England David Ibbetson; 3. French doctrinal writing Jean-Louis Halpérin; 4. Developing legal doctrine: fault in the German law of delict Nils Jansen; 5. Fault in legal doctrine in the Netherlands Antoine Hol; 5. Liability for fault in Italian law: the development of legal doctrine from 1865 to the end of the twentieth century Michele Graziadei; 7. The development of legal doctrine on fault in Spanish tort law Miquel Martín-Casals and Albert Ruda; 8. Scandinavian exceptionalism: the development of modern Swedish tort law Kjell Å Modéer
Author: Ewoud HondiusPublisher:
ISBN: 9780521111430
Category :
Languages : en
Pages :
Book Description
This six-volume set contains the results of the first stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault. By bringing together experts with different disciplinary backgrounds - comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems - and getting them to work collaboratively, the books produce a more nuanced comparative legal history, and one which is theoretically better informed
The Changing Economics of Medical Technology
Author: Institute of MedicinePublisher: National Academies Press
ISBN: 030904491X
Category : Medical
Languages : en
Pages : 225
Book Description
Americans praise medical technology for saving lives and improving health. Yet, new technology is often cited as a key factor in skyrocketing medical costs. This volume, second in the Medical Innovation at the Crossroads series, examines how economic incentives for innovation are changing and what that means for the future of health care. Up-to-date with a wide variety of examples and case studies, this book explores how payment, patent, and regulatory policiesâ€"as well as the involvement of numerous government agenciesâ€"affect the introduction and use of new pharmaceuticals, medical devices, and surgical procedures. The volume also includes detailed comparisons of policies and patterns of technological innovation in Western Europe and Japan. This fact-filled and practical book will be of interest to economists, policymakers, health administrators, health care practitioners, and the concerned public.
The Economic Effects of the Liability System
Author: Daniel P. KesslerPublisher: Hoover Institution Press
ISBN: 9780817959623
Category : Insurance, Liability
Languages : en
Pages : 0
Book Description
Product Liability and Innovation
Author: National Academy of EngineeringPublisher: National Academies Press
ISBN: 0309051304
Category : Technology & Engineering
Languages : en
Pages : 214
Book Description
Product liability is a contentious issue. Proponents argue that American tort law promotes product safety. Manufacturers contend that lawsuits chill new product development. Product Liability and Innovation provides an overview and an engineering perspective on the product liability system. The volume offers studies of selected industries, exploring the effect of product liability on corporate product development decisions and on the creative opportunities and day-to-day work of engineers. The volume addresses the potential liability of the parts or materials supplier and discusses the impact of liability on the availability of insurance. It looks at "junk science" in the courtroom and analyzes opportunities to incorporate into product design what we know about human behavior and risk. The book also looks at current efforts at tort reform and compares U.S. injury claims handling with that of other countries. This volume will be important to policymakers, industrialists, attorneys, product engineers, and individuals concerned about the impact of product liability on the industrial future.
Mastering a New Role
Author: National Academy of EngineeringPublisher: National Academies Press
ISBN: 0309046467
Category : Political Science
Languages : en
Pages : 145
Book Description
This book examines the changing character of commercial technology development and diffusion in an integrated global economy and its implications for U.S. public policies in support of technological innovation. The volume considers the history, current practice, and future prospects for national policies to encourage economic development through both direct and indirect government support of technological advance.
Copyright in the Digital Era
Author: National Research CouncilPublisher: National Academies Press
ISBN: 0309278953
Category : Technology & Engineering
Languages : en
Pages : 103
Book Description
Over the course of several decades, copyright protection has been expanded and extended through legislative changes occasioned by national and international developments. The content and technology industries affected by copyright and its exceptions, and in some cases balancing the two, have become increasingly important as sources of economic growth, relatively high-paying jobs, and exports. Since the expansion of digital technology in the mid-1990s, they have undergone a technological revolution that has disrupted long-established modes of creating, distributing, and using works ranging from literature and news to film and music to scientific publications and computer software. In the United States and internationally, these disruptive changes have given rise to a strident debate over copyright's proper scope and terms and means of its enforcement-a debate between those who believe the digital revolution is progressively undermining the copyright protection essential to encourage the funding, creation, and distribution of new works and those who believe that enhancements to copyright are inhibiting technological innovation and free expression. Copyright in the Digital Era: Building Evidence for Policy examines a range of questions regarding copyright policy by using a variety of methods, such as case studies, international and sectoral comparisons, and experiments and surveys. This report is especially critical in light of digital age developments that may, for example, change the incentive calculus for various actors in the copyright system, impact the costs of voluntary copyright transactions, pose new enforcement challenges, and change the optimal balance between copyright protection and exceptions.