Article
Law
Piet Van der Meer, Geert Angenon, Hans Bergmans, Hans JoErg Buhk, Sam Callebaut, Merijn Chamon, Dennis Eriksson, Godelieve Gheysen, Wendy Harwood, Penny Hundleby, Peter Kearns, Thomas Mcloughlin, Tomasz Zimny
Summary: This article analyzes the ruling of the Court of Justice of the European Union on whether organisms obtained through mutagenesis and directed mutagenesis techniques constitute GMOs. It provides historical and technical background and concludes that the resulting organisms must comply with the GMO definition and have genetic alterations not occurring naturally through mating or recombination.
EUROPEAN JOURNAL OF RISK REGULATION
(2023)
Article
Law
Ali Haif Abbas
Summary: This article critically examines the politicization and ideological use of COVID-19 news in media reports. Analyzing the reports from The New York Times and Global Times, the article found that the news of COVID-19 has been used for political and ideological purposes. The article emphasizes the importance of not politicizing pandemics and urges people to work together to save lives and maintain peace.
INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE
(2022)
Article
Law
Danielle Keats Citron, Daniel J. Solove
Summary: The requirement of harm has hindered the enforcement of privacy law. This study provides a typology of privacy harms and a framework for determining when harm should be required, aiming to tackle and remedy privacy violations effectively.
BOSTON UNIVERSITY LAW REVIEW
(2022)
Article
Law
Yves Steinebach
Summary: While there has been progress in understanding the effectiveness of environmental policies, there is still a lack of consensus on the determinants of environmental policy effectiveness. This article tackles this issue by examining the interaction between different instrument types and implementation structures using data on air pollutant emissions from 14 OECD countries over a 25-year period. The findings suggest that well-designed and well-equipped implementation structures are crucial for the effectiveness of command-and-control regulations in reducing air pollutant emissions, while softer new environmental policy instruments have no significant impact on the outcome variable regardless of their execution and enforcement.
REGULATION & GOVERNANCE
(2022)
Article
Law
Almut Schilling-Vacaflor, Andrea Lenschow
Summary: This article analyzes the policy-making process at the European Union level to reduce accountability gaps and highlights the challenges in enhancing corporate accountability.
REGULATION & GOVERNANCE
(2023)
Article
Law
Matthew Clair, Amanda Woog
Summary: This Article discusses the role of criminal courts in the contemporary struggle against racialized punitive systems and argues for their abolition. The article analyzes the injustices perpetuated by criminal courts and describes the principles of the abolition movement. It explores the possibilities of alternative institutions and non-reformist reforms in relation to the courts. The ultimate goal is to replace criminal courts with social institutions that do not legitimize police or operate as tools of oppression.
CALIFORNIA LAW REVIEW
(2022)
Article
Law
Rocco Bellanova, Marieke de Goede
Summary: This article contributes to the debates on algorithmic regulation in the context of security. It examines the implementation of algorithmic regulation through analyzing the transatlantic data infrastructures of the EU-U.S. Passenger Name Records and Terrorism Financing Tracking Program programs. The article explores how specific data are rendered transferable and meaningful in a security context and examines the integration of public values into international data infrastructures. Additionally, it highlights the emergence of new modes of standard setting and questions the practical effects of operationalizing public values through infrastructural choices.
REGULATION & GOVERNANCE
(2022)
Article
Law
Timo Seidl
Summary: This article examines the politics of regulatory response to platform companies and presents a theoretical framework that explains the reasons and outcomes of regulations. Through a case study on the regulation of Uber in New York, it finds that the success of regulations depends on the ability of actors to form broad coalitions, and narratives influence the composition of these coalitions.
REGULATION & GOVERNANCE
(2022)
Article
Law
Daria Gritsenko, Matthew Wood
Summary: This article explores the reconfiguration of governance modes through the use of algorithms in the governance process. It argues that the deployment of algorithmic systems leads to a design-based governance mode, where power is exercised through protocols and requires less commitment from governing actors. The analysis of three policy problems demonstrates that algorithms enhance efficiency but limit the discretion of governing actors. Additionally, the effects of algorithms in different governance modes are compared, and the sources of convergence and divergence are explored. The article suggests re-conceptualizing design-based governance modes that rely on algorithmic systems as algorithmic governance to account for the prevalence of algorithms and their significant effects.
REGULATION & GOVERNANCE
(2022)
Article
Law
Tobias D. Krafft, Katharina A. Zweig, Pascal D. Koenig
Summary: This paper presents a framework that differentiates regulatory requirements and ensures algorithmic accountability for various uses of ADM systems. By drawing on agency theory and considering accountability from the perspective of data subjects, it provides a systematic approach for evaluating ADM systems and selecting appropriate regulatory provisions.
REGULATION & GOVERNANCE
(2022)
Article
Law
Ben Green
Summary: As algorithms gain importance in government decision-making, policies requiring human oversight of algorithms suffer from flaws. First, evidence suggests that people are unable to effectively oversee algorithmic decision-making. Second, these policies legitimize the use of faulty algorithms without addressing their fundamental issues. Therefore, a shift to institutional oversight is proposed as a more effective mechanism for regulating government algorithms.
COMPUTER LAW & SECURITY REVIEW
(2022)
Article
Law
Reuben Binns
Summary: This article discusses arguments in favor of incorporating human judgment into algorithmic decision making and emphasizes that algorithmic systems cannot achieve individual justice, which can only be achieved through human judgment. The article also explores the relationship between individual justice and other dimensions of justice, and raises two challenges: how to reconcile individual justice with other dimensions of justice in human-in-the-loop socio-technical contexts, and how uneven application of human judgment in algorithmic contexts may result in inequities in individual justice.
REGULATION & GOVERNANCE
(2022)
Article
Law
K-Sue Park
Summary: This Article examines the impact of different versions of U.S. history on our understanding of property law. It argues that the historical role of laws and legal institutions in the production of expropriated lands and enslaved people has been largely overlooked in property law scholarship. By reintegrating these topics, the field can gain crucial insights into its legacies in the present legal system. The article provides a comprehensive study of the erasure of these histories in the property-law canon and analyzes the emergence of property law doctrines in relation to conquest and slavery. It further explores the role of discovery, labor, and possession in creating new markets for land and people in early America and highlights their connection to racial hierarchy and violence. This Article opens up a new inquiry into the suppressed histories of property law and their significance in understanding the unique characteristics and foundations of American property law today.
Article
Economics
Jose Miguel Rodriguez-Anton, Luis Rubio-Andrada, Maria Soledad Celemin-Pedroche, Soraya Maria Ruiz-Penalver
Summary: The paper examines the relationship between the European Union's circular economy strategy and the achievement of Sustainable Development Goals under the 2030 Agenda, presenting nine hypotheses and concluding through various analyses that SDGs do not fully measure the concept of sustainability, there are significant relationships between the EU's circular economy and SDGs, and the behavior of European countries is not homogeneous.
INTERNATIONAL ENVIRONMENTAL AGREEMENTS-POLITICS LAW AND ECONOMICS
(2022)
Article
Law
Yevhen Leheza, Karina Pisotska, Oleksandr Dubenko, Oleksandr Dakhno, Artur Sotskyi
Summary: The purpose of this research is to explore methodological approaches to understanding principles of law in the context of modern globalization transformations. By revealing the links between principles of law and human existence, science, and other ways of world perception, as well as the research's methodological basis, the classification and potential separation of principles of law were analyzed.
REVISTA JURIDICA PORTUCALENSE
(2022)
Article
Law
Yevhen Leheza, Iryna Yerko, Viacheslav Kolomiichuk, Mariia Lisniak
Summary: The research aims to reform legal education in Ukraine by covering international legal acts and standards in the provision of public services. Several directions for improving domestic legislation are proposed, including the development of public service theory, unifying administrative procedures, enhancing legal guarantees, and decentralization of power.
JURNAL CITA HUKUM-INDONESIAN LAW JOURNAL
(2022)
Article
Law
Banu Bargu
Summary: This article explores hunger striking and lip-sewing practices of migrants and refugees as a largely neglected form of protest that takes a silent exception from the exception. The author argues for an expanded conception of agency through analyzing these practices as processes of subjectivation and situating them within Foucault's problematic of parrhesiastic practice.
LAW CULTURE AND THE HUMANITIES
(2022)
Article
Law
Lena Ulbricht, Karen Yeung
Summary: This paper critically synthesizes the concept of algorithmic regulation, highlighting its importance in society, reflecting on its strengths, limitations, and its relationship with other research fields. The authors argue that this core concept is evolving and becoming an important bridge for promoting interdisciplinary development and analysis.
REGULATION & GOVERNANCE
(2022)
Article
Computer Science, Artificial Intelligence
Masha Medvedeva, Martijn Wieling, Michel Vols
Summary: This paper discusses previous research in automatic prediction of court decisions and defines the differences between outcome identification, outcome-based judgement categorisation, and outcome forecasting. It also emphasizes the importance of understanding the legal data being worked with to determine the tasks that can be performed. Finally, it reflects on the needs of the legal discipline regarding court judgement analysis.
ARTIFICIAL INTELLIGENCE AND LAW
(2023)
Article
Law
Jeremias Adams-Prassl, Reuben Binns, Aislinn Kelly-Lyth
Summary: Discriminatory bias in algorithmic systems is a well-documented issue. The law should respond to this problem by approaching it through the lens of indirect discrimination and focusing on the impact of algorithmic systems. However, this article argues that the narrow focus on indirect discrimination is both normatively undesirable and legally flawed in the context of machine learning algorithms. The article explores how certain forms of algorithmic bias in commonly used algorithms might constitute direct discrimination and the broader implications this poses to anti-discrimination law.
