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Author: David Mangan
Publisher: Edward Elgar Publishing
ISBN: 1785364510
Category : Computers
Languages : en
Pages : 341
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Book Description
Social media enables instant access to individual self-expression and the sharing of information. Social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from public and private law perspectives and outlines how the law, in various legal sub-disciplines and with varying success, has endeavoured to adapt existing tools to social media.
Author: David Mangan
Publisher: Edward Elgar Publishing
ISBN: 1785364510
Category : Computers
Languages : en
Pages : 341
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Book Description
Social media enables instant access to individual self-expression and the sharing of information. Social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from public and private law perspectives and outlines how the law, in various legal sub-disciplines and with varying success, has endeavoured to adapt existing tools to social media.
Author: Patricia Margaret Sterns
Publisher: Springer
ISBN: 3319270877
Category : Law
Languages : en
Pages : 294
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Book Description
The law of outer space is rapidly evolving to adapt to changes in the economic drivers as well as advancements in technological capabilities. The contents of this book are a reflection of this changing environment as evidenced in the writings of the second and third generations of space lawyers. Theoretical aspects of space law are explored by chapters relating to fundamental concepts central to the corpus juris spatialis. Practical aspects of space law are probed by examinations into international and domestic regulation of commercial activities, with particular emphasis on African, Asian, and European perspectives. International policy considerations are scrutinized in relation to military uses of outer space. The scientific Search for Extraterrestrial Intelligence (SETI) is the subject of a concise history of the discipline vis-a-vis the role of the SETI Permanent Committee of the International Academy of Astronautics (IAA), and also of a study of the policy and other ramifications of social media in the event of the discovery of intelligent extraterrestrial beings. The book concludes with the republication of the seminal and highly influential Relations With Alien Intelligences The Scientific Basis of Metalaw by Dr. Ernst Fasan, first published in 1970. Scholar, author, and attorney Ernst Fasan was among the original space lawyers, a small, pioneering group of visionaries who recognized that the movement of man into space must be accomplished without the shackles of history and in an environment free from the threat of the use of space as an instrument of armed aggression. The influence of Dr. Fasan has extended beyond the international legal community to the broader scientific community, especially to the field of astrobiology, as he pursued groundbreaking investigations into what could be the ultimate in legal relationships - metalaw - the interaction of sentient beings from different planets. The contributors to this Liber Amicorum are among those who can trace their own work to the foundations of space law placed in part by Ernst Fasan.
Author: Ernest Lim
Publisher: Cambridge University Press
ISBN: 1108988253
Category : Law
Languages : en
Pages : 986
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Book Description
AI appears to disrupt key private law doctrines, and threatens to undermine some of the principal rights protected by private law. The social changes prompted by AI may also generate significant new challenges for private law. It is thus likely that AI will lead to new developments in private law. This Cambridge Handbook is the first dedicated treatment of the interface between AI and private law, and the challenges that AI poses for private law. This Handbook brings together a global team of private law experts and computer scientists to deal with this problem, and to examine the interface between private law and AI, which includes issues such as whether existing private law can address the challenges of AI and whether and how private law needs to be reformed to reduce the risks of AI while retaining its benefits.
Author: Valerie C. Brannon
Publisher: Independently Published
ISBN: 9781092635158
Category : Law
Languages : en
Pages : 50
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Book Description
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Author: Anders Etgen Reitz
Publisher: Kluwer Law International B.V.
ISBN: 9041168257
Category : Law
Languages : en
Pages : 883
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Book Description
In the last few years, social media has become the primary way of communicating, not only among friends and colleagues but also between employers and employees and between companies and consumers. For employers, the phenomenon offers great opportunities, but also concomitant dangers due primarily to use of social media by employees and employees' representatives. Written in the context of employment laws as well as privacy laws, this book surveys the state of the law in over thirty key jurisdictions, including most of the developed countries of Europe, Asia, and North America and major developing countries worldwide. The publication arose from a seminar prepared by the editors and others at which it was clearly identified that internationally operating employers need a comprehensive and user-friendly multinational summary on employment and labour law questions arising in connection with the use of social media. The book is divided into country chapters, each written by a known local specialist. In order to easily 'navigate' through the issues for each country, the chapters follow a uniform structure, covering the applicable statutory regimes, case law, useful checklists, and recommendations. Among the issues and topics dealt with are the following: - employees' entitlement to use social media at the workplace; - whether employers can require the use of social media by employees; - right of employers to monitor employees' use of social media outside the workplace; - employers' potential liability for employees' misuse of social media; - right of employee representatives to use employers' equipment for social media purposes; - employers' remedies against misuse of social media by employees and employee representatives; - development and drafting of a social media policy; and - role of social media in employer–employee disputes. No other publication exists providing interested parties with a practical and strategic guide to legal issues affecting the use of social media in the workplace. With its easy-to-use country-by-country format and its expert recommendations, this unique resource will prove itself as an incomparable handbook for lawyers, human resources professionals, and in-house counsel advising or working for internationally operating businesses. It will also be of inestimable value for academics and policymakers concerned with the legal ramifications of social media use in the workplace.
Author: Damian Clifford
Publisher: Bloomsbury Publishing
ISBN: 150996603X
Category : Law
Languages : en
Pages : 301
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Book Description
This collection examines one of the fastest growing fields of regulation: data rights. The book moves debates about data beyond data and privacy protecting statutes. In doing so, it asks what private law may have to say about these issues and explores how private law may influence the interpretation and the form of legislation dealing with data. Over five parts it: sets out an overview of the themes and problems; explores theoretical justifications and challenges in understanding data; considers data through the perspective of cognate private law doctrines; assesses the contribution of private law in understanding individual rights; and finally examines the potential of private law in providing individual remedies for wrongful data use, supplementing the work of regulators. The contributors are specialists in their respective fields of private law with long-standing expertise in the challenges to data privacy posed by emerging digital technologies.
Author: Gary Chan Kok Yew
Publisher: Bloomsbury Publishing
ISBN: 1509946853
Category : Law
Languages : en
Pages : 368
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Book Description
This book examines the interconnections between artificial intelligence, data governance and private law rules with a comparative focus on selected jurisdictions in the Asia-Pacific region. The chapters discuss the myriad challenges of translating and adapting theory, doctrines and concepts to practice in the Asia-Pacific region given their differing circumstances, challenges and national interests. The contributors are legal experts from the UK, Israel, Korea, and Singapore with extensive academic and practical experience. The essays in this collection cover a wide range of topics, including data protection and governance, data trusts, information fiduciaries, medical AI, the regulation of autonomous vehicles, the use of blockchain technology in land administration, the regulation of digital assets and contract formation issues arising from AI applications. The book will be of interest to members of the judiciary, policy makers and academics who specialise in AI, data governance and/or private law or who work at the intersection of these three areas, as well as legal technologists and practising lawyers in the Asia-Pacific, the UK and the US.
Author: Gary Low
Publisher: Cambridge University Press
ISBN: 1108679269
Category : Law
Languages : en
Pages : 589
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Book Description
There have been an increasing need for greater integration of many Asian economies, either within the confines of ASEAN or on a more geo-economically strategic scale including major Asian jurisdictions like China, Japan, and Korea. A number of key personalities within the regional legal fraternity have advanced views that such integration ought to occur through the harmonization of legal rules, arguing that in doing so, uncertainty and other transaction costs would be reduced and commercial confidence within the region concomitantly increased. This edited volume brings together eminent and promising scholars and practitioners to investigate what convergence and divergence means in their respective fields and for Asia. Interwoven in the details of each tale of convergence is whether and how convergence ought to take place, and in so choosing, what are the attendant consequences for that choice.
Author: Ugo Mattei
Publisher: Edward Elgar Publishing
ISBN: 1786435187
Category : Law
Languages : en
Pages : 262
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Book Description
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
Author: Adam Talanda
Publisher: Instytut Prawa Gospodarczego Sp. z o.o.
ISBN: 8366922189
Category : Law
Languages : en
Pages : 221
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Book Description
Once again, we are pleased to present this book which is the result of the conference held in Katowice in 2022 and the effect of the international cooperation between the Research Group of the Commercial Law acting at the Faculty of Law and Administration of the University of Silesia in Katowice and representatives of foreign university departments of private law from the Czech Republic, Slovakia, and Ukraine. The publication is the continuation of the international cooperation that began in 2014. The idea of the sixth collective publication was to analyze the directions of legislative changes in the field of private law in individual countries. In this edition, the entire publication consists of fourteen articles devoted to the issues of company law, commercial contract law, including the development contract, capital market issues, and bankruptcy law. This publication is dedicated primarily to civil and commercial law academics, but it also addresses the issues relevant to legal practice. The presented papers may, to a large extent, constitute material for comparative research.
