The Rule of Law and Automated Decision-Making

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Author :
Publisher : Springer Nature
ISBN 13 : 3031301420
Total Pages : 222 pages
Book Rating : 4.0/5 (313 download)

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Book Synopsis The Rule of Law and Automated Decision-Making by : Markku Suksi

Download or read book The Rule of Law and Automated Decision-Making written by Markku Suksi and published by Springer Nature. This book was released on 2023-07-24 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents observations concerning automated decision-making from a general point of view at the same time as it analyses the manner in which praxis in some jurisdictions has evolved as concerns automated decision-making and how the requirements that are placed by the legal orders on it are formulated. The principle of the rule of law should apply in the context of automated decision-making of public authorities just as much as when the decision-makers are physical persons. In sync with increasing automatization of decision-making in public authorities, problematizing questions about the appropriate legal basis for algorithmic decision-making have started emerge. How should the principle of the rule of law apply within the area of automated decision-making, how should automated decision-making be regulated so that it satisfies the requirements created by the principle of the rule of law, and how should the principle of the rule of law be made concrete in decision-making that is based on algorithms? The proposal for an AI Act launched by the European Commission in April 2021, including an identification of high-risk uses of algorithmic techniques, raises further questions concerning practices and interpretations related to automated decision-making. The state based on the rule of law proceeds from the maxim that public powers are exercised within a legal frame that makes the exercise of public powers foreseeable in light of legal norms. Also, a state based on the rule of law requires that the contents of the exercise of public powers is regulated by legal norms, which means that the citizens must be able to know everything that is relevant about how the powers will be exercised, not only who it is that will exercise the powers. Because of rules and principles of this kind, including non-discrimination and proportionality, the exercise of powers will not become arbitrary.

Governmental Automated Decision-Making and Human Rights

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Publisher : Springer Nature
ISBN 13 : 3031481259
Total Pages : 312 pages
Book Rating : 4.0/5 (314 download)

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Book Synopsis Governmental Automated Decision-Making and Human Rights by : Stefan Schäferling

Download or read book Governmental Automated Decision-Making and Human Rights written by Stefan Schäferling and published by Springer Nature. This book was released on 2024-01-08 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growing capabilities of artificial intelligence, governments are integrating AI technologies into administrative and even judicial decision-making, aiding and in some cases even replacing human decision-makers. Predictive policing, automated benefits administration, and automated risk assessment in criminal sentencing are but a few prominent examples of a general trend. While the turn towards governmental automated decision-making promises to reduce the impact of human biases and produce efficiency gains, reducing the human element in governmental decision-making also entails significant risks. This book analyses these risks through a comparative constitutional law and human rights lens, examining US law, German law, and international human rights law. It also highlights the structural challenges that automation poses for legal systems built on the assumption of exclusively human decision-making. Special attention is paid to the question whether existing law can adequately address the lack of transparency in governmental automated decision-making, its discriminatory processes and outcomes, as well as its fundamental challenge to human agency. Building on that analysis, it proposes a path towards securing the values of human dignity and agency at the heart of democratic societies and the rule of law in an increasingly automated world. This book will be of interest to researchers and scholars focusing on the evolving relationship of law and technology as well as human rights scholars. Further, it represents a valuable contribution to the debate on the regulation of artificial intelligence and the role human rights can play in that process.

The Oxford Handbook of Comparative Administrative Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0198799985
Total Pages : 1169 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Oxford Handbook of Comparative Administrative Law by : Peter Cane

Download or read book The Oxford Handbook of Comparative Administrative Law written by Peter Cane and published by Oxford University Press, USA. This book was released on 2021-01-17 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.

Parliament

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509906444
Total Pages : 321 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Parliament by : Alexander Horne

Download or read book Parliament written by Alexander Horne and published by Bloomsbury Publishing. This book was released on 2016-06-02 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by leading academics, lawyers, parliamentarians and parliamentary officials provides a critical assessment of the UK Parliament's two main constitutional roles-as a legislature and as the preeminent institution for calling government to account. Both functions are undergoing change and facing new challenges. Part 1 (Legislation) includes chapters on Parliament's emerging responsibilities for pre-legislative scrutiny of government Bills and for evaluating proposed legislation against explicit constitutional standards. The impact on legislation of the European Union and the growing influence of the House of Lords are also examined. Part 2 (Accountability) investigates how Parliament operates to scrutinise areas of executive action previously often shielded from effective parliamentary oversight, including national security, war-making powers and administrative justice. There are also chapters on parliamentary reform, including analysis of the House of Commons 'Wright reforms', parliamentary sovereignty, privilege and the European Convention on Human Rights, Euroscepticism, and parliamentary sovereignty and the regulation of lobbyists. The book will be of interest to anyone who is curious about the work of Parliament and is aimed at legal academics, practitioners and political scientists.

The Cambridge Handbook of the Law of Algorithms

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Publisher : Cambridge University Press
ISBN 13 : 1108663184
Total Pages : 1327 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Cambridge Handbook of the Law of Algorithms by : Woodrow Barfield

Download or read book The Cambridge Handbook of the Law of Algorithms written by Woodrow Barfield and published by Cambridge University Press. This book was released on 2020-11-05 with total page 1327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Algorithms are a fundamental building block of artificial intelligence - and, increasingly, society - but our legal institutions have largely failed to recognize or respond to this reality. The Cambridge Handbook of the Law of Algorithms, which features contributions from US, EU, and Asian legal scholars, discusses the specific challenges algorithms pose not only to current law, but also - as algorithms replace people as decision makers - to the foundations of society itself. The work includes wide coverage of the law as it relates to algorithms, with chapters analyzing how human biases have crept into algorithmic decision-making about who receives housing or credit, the length of sentences for defendants convicted of crimes, and many other decisions that impact constitutionally protected groups. Other issues covered in the work include the impact of algorithms on the law of free speech, intellectual property, and commercial and human rights law.

Algorithms and Law

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Publisher : Cambridge University Press
ISBN 13 : 1108424821
Total Pages : 321 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Algorithms and Law by : Martin Ebers

Download or read book Algorithms and Law written by Martin Ebers and published by Cambridge University Press. This book was released on 2020-07-23 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring issues from big-data to robotics, this volume is the first to comprehensively examine the regulatory implications of AI technology.

Algorithmic Regulation

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Publisher : Oxford University Press
ISBN 13 : 0192575430
Total Pages : 304 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Algorithmic Regulation by : Karen Yeung

Download or read book Algorithmic Regulation written by Karen Yeung and published by Oxford University Press. This book was released on 2019-09-05 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the power and sophistication of of 'big data' and predictive analytics has continued to expand, so too has policy and public concern about the use of algorithms in contemporary life. This is hardly surprising given our increasing reliance on algorithms in daily life, touching policy sectors from healthcare, transport, finance, consumer retail, manufacturing education, and employment through to public service provision and the operation of the criminal justice system. This has prompted concerns about the need and importance of holding algorithmic power to account, yet it is far from clear that existing legal and other oversight mechanisms are up to the task. This collection of essays, edited by two leading regulatory governance scholars, offers a critical exploration of 'algorithmic regulation', understood both as a means for co-ordinating and regulating social action and decision-making, as well as the need for institutional mechanisms through which the power of algorithms and algorithmic systems might themselves be regulated. It offers a unique perspective that is likely to become a significant reference point for the ever-growing debates about the power of algorithms in daily life in the worlds of research, policy and practice. The range of contributors are drawn from a broad range of disciplinary perspectives including law, public administration, applied philosophy, data science and artificial intelligence. Taken together, they highlight the rise of algorithmic power, the potential benefits and risks associated with this power, the way in which Sheila Jasanoff's long-standing claim that 'technology is politics' has been thrown into sharp relief by the speed and scale at which algorithmic systems are proliferating, and the urgent need for wider public debate and engagement of their underlying values and value trade-offs, the way in which they affect individual and collective decision-making and action, and effective and legitimate mechanisms by and through which algorithmic power is held to account.

Robotics, AI and the Future of Law

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Author :
Publisher : Springer
ISBN 13 : 9811328749
Total Pages : 237 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis Robotics, AI and the Future of Law by : Marcelo Corrales

Download or read book Robotics, AI and the Future of Law written by Marcelo Corrales and published by Springer. This book was released on 2018-11-02 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Artificial intelligence and related technologies are changing both the law and the legal profession. In particular, technological advances in fields ranging from machine learning to more advanced robots, including sensors, virtual realities, algorithms, bots, drones, self-driving cars, and more sophisticated “human-like” robots are creating new and previously unimagined challenges for regulators. These advances also give rise to new opportunities for legal professionals to make efficiency gains in the delivery of legal services. With the exponential growth of such technologies, radical disruption seems likely to accelerate in the near future. This collection brings together a series of contributions by leading scholars in the newly emerging field of artificial intelligence, robotics, and the law. The aim of the book is to enrich legal debates on the social meaning and impact of this type of technology. The distinctive feature of the contributions presented in this edition is that they address the impact of these technological developments in a number of different fields of law and from the perspective of diverse jurisdictions. Moreover, the authors utilize insights from multiple related disciplines, in particular social theory and philosophy, in order to better understand and address the legal challenges created by AI. Therefore, the book will contribute to interdisciplinary debates on disruptive new AI technologies and the law.

Constitutional Challenges in the Algorithmic Society

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Publisher : Cambridge University Press
ISBN 13 : 1108843123
Total Pages : 341 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Constitutional Challenges in the Algorithmic Society by : Hans-W. Micklitz

Download or read book Constitutional Challenges in the Algorithmic Society written by Hans-W. Micklitz and published by Cambridge University Press. This book was released on 2021-12-02 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the law address the constitutional challenges of the algorithmic society? This volume provides possible solutions.

AI and the Rule of Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509963189
Total Pages : 330 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis AI and the Rule of Law by : Paul Burgess

Download or read book AI and the Rule of Law written by Paul Burgess and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the ways in which the concept of the Rule of Law will need to evolve in order to ensure that the exercise of power by Artificial Intelligence (AI) does not become arbitrary and does not proceed unchecked. It presents the Rule of Law and its impact on the past and the present; it considers what AI is, what it does, and what it might become in future; and it looks at how AI will need to be harnessed to allow power to be exercised more effectively in the future. The book argues that the Rule of Law has for centuries been the concept that protects against the arbitrary exercise of power. However, the exercise of power by AI unchecked by humans strains the concept's ability to provide this protection.

New Laws of Robotics

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Publisher : Harvard University Press
ISBN 13 : 0674975227
Total Pages : 345 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis New Laws of Robotics by : Frank Pasquale

Download or read book New Laws of Robotics written by Frank Pasquale and published by Harvard University Press. This book was released on 2020-10-27 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: AI is poised to disrupt our work and our lives. We can harness these technologies rather than fall captive to them—but only through wise regulation. Too many CEOs tell a simple story about the future of work: if a machine can do what you do, your job will be automated. They envision everyone from doctors to soldiers rendered superfluous by ever-more-powerful AI. They offer stark alternatives: make robots or be replaced by them. Another story is possible. In virtually every walk of life, robotic systems can make labor more valuable, not less. Frank Pasquale tells the story of nurses, teachers, designers, and others who partner with technologists, rather than meekly serving as data sources for their computerized replacements. This cooperation reveals the kind of technological advance that could bring us all better health care, education, and more, while maintaining meaningful work. These partnerships also show how law and regulation can promote prosperity for all, rather than a zero-sum race of humans against machines. How far should AI be entrusted to assume tasks once performed by humans? What is gained and lost when it does? What is the optimal mix of robotic and human interaction? New Laws of Robotics makes the case that policymakers must not allow corporations or engineers to answer these questions alone. The kind of automation we get—and who it benefits—will depend on myriad small decisions about how to develop AI. Pasquale proposes ways to democratize that decision making, rather than centralize it in unaccountable firms. Sober yet optimistic, New Laws of Robotics offers an inspiring vision of technological progress, in which human capacities and expertise are the irreplaceable center of an inclusive economy.

The Automated State

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Publisher :
ISBN 13 : 9781760022952
Total Pages : pages
Book Rating : 4.0/5 (229 download)

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Book Synopsis The Automated State by : Janina Boughey

Download or read book The Automated State written by Janina Boughey and published by . This book was released on 2021-06-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Artificial Intelligence and Legal Analytics

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Publisher : Cambridge University Press
ISBN 13 : 1107171504
Total Pages : 451 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Artificial Intelligence and Legal Analytics by : Kevin D. Ashley

Download or read book Artificial Intelligence and Legal Analytics written by Kevin D. Ashley and published by Cambridge University Press. This book was released on 2017-07-10 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes how text analytics and computational models of legal reasoning will improve legal IR and let computers help humans solve legal problems.

Regulating Artificial Intelligence

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Publisher : Springer Nature
ISBN 13 : 3030323617
Total Pages : 391 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Regulating Artificial Intelligence by : Thomas Wischmeyer

Download or read book Regulating Artificial Intelligence written by Thomas Wischmeyer and published by Springer Nature. This book was released on 2019-11-29 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the normative and practical challenges for artificial intelligence (AI) regulation, offers comprehensive information on the laws that currently shape or restrict the design or use of AI, and develops policy recommendations for those areas in which regulation is most urgently needed. By gathering contributions from scholars who are experts in their respective fields of legal research, it demonstrates that AI regulation is not a specialized sub-discipline, but affects the entire legal system and thus concerns all lawyers. Machine learning-based technology, which lies at the heart of what is commonly referred to as AI, is increasingly being employed to make policy and business decisions with broad social impacts, and therefore runs the risk of causing wide-scale damage. At the same time, AI technology is becoming more and more complex and difficult to understand, making it harder to determine whether or not it is being used in accordance with the law. In light of this situation, even tech enthusiasts are calling for stricter regulation of AI. Legislators, too, are stepping in and have begun to pass AI laws, including the prohibition of automated decision-making systems in Article 22 of the General Data Protection Regulation, the New York City AI transparency bill, and the 2017 amendments to the German Cartel Act and German Administrative Procedure Act. While the belief that something needs to be done is widely shared, there is far less clarity about what exactly can or should be done, or what effective regulation might look like. The book is divided into two major parts, the first of which focuses on features common to most AI systems, and explores how they relate to the legal framework for data-driven technologies, which already exists in the form of (national and supra-national) constitutional law, EU data protection and competition law, and anti-discrimination law. In the second part, the book examines in detail a number of relevant sectors in which AI is increasingly shaping decision-making processes, ranging from the notorious social media and the legal, financial and healthcare industries, to fields like law enforcement and tax law, in which we can observe how regulation by AI is becoming a reality.

Artificial Intelligence and the Legal Profession

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509931821
Total Pages : 407 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Artificial Intelligence and the Legal Profession by : Michael Legg

Download or read book Artificial Intelligence and the Legal Profession written by Michael Legg and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are new technologies changing the practice of law? With examples and explanations drawn from the UK, US, Canada, Australia and other common law countries, as well as from China and Europe, this book considers the opportunities and implications for lawyers as artificial intelligence systems become commonplace in legal service delivery. It examines what lawyers do in the practice of law and where AI will impact this work. It also explains the important continuing role of the lawyer in an AI world. This book is divided into three parts: Part A provides an accessible explanation of AI, including diagrams, and contrasts this with the role and work of lawyers. Part B focuses on six different aspects of legal work (litigation, transactional, dispute resolution, regulation and compliance, criminal law and legal advice and strategy) where AI is making a considerable impact and looks at how this is occurring. Part C discusses how lawyers and law firms can best utilise the promise of AI, while also acknowledging its limitations. It also discusses ethical and regulatory issues, including the lawyer's role in upholding the rule of law.

Model Rules of Professional Conduct

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Author :
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Data Protection Beyond Borders

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509940685
Total Pages : 260 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Data Protection Beyond Borders by : Federico Fabbrini

Download or read book Data Protection Beyond Borders written by Federico Fabbrini and published by Bloomsbury Publishing. This book was released on 2021-02-11 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.