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Full-Text Articles in Law

The Future Of American Legal Tech: Regulation, Culture, Markets, Benjamin H. Barton Feb 2023

The Future Of American Legal Tech: Regulation, Culture, Markets, Benjamin H. Barton

Book Chapters

America’s legal technology boom presents a puzzle. On the one hand, America’s market for legal services is among the most tightly regulated in the world, suggesting infertile ground for a legal technology revolution. America has the world’s most robustly protected lawyer monopoly. Its version of the prohibition against the unauthorized practice of law (UPL) is among the broadest and most aggressive in the world because it theoretically bans all non-lawyers from giving any “legal advice” in addition to the more typical bar against filing papers or appearing in court. Likewise, America’s barriers to entering the legal profession are exceedingly high: …


Science, Technology, Society, And Law, Paolo Davide Farah, Justo Corti Varela Jan 2023

Science, Technology, Society, And Law, Paolo Davide Farah, Justo Corti Varela

Book Chapters

Traditionally, science and technology have been granted as sources of knowledge and objective truth. However, much more recently, they are also seen as human activities, conducted in a social environment. This new approach focuses on the intersections between science, technology and society, and particularly their regulation by the law. Concerns on how to best regulate the interaction come up in modern societies, and when either their use or their impacts are global, international law and international organizations become involved. The impact of the fourfold relation is so high that science and technology are seen as one of the reasons for …


The Interlinkages Science-Technology-Law: Information And Communication Society, Knowledge-Based Economy And The Rule Of Law, Giovanni Bombelli, Paolo Davide Farah Jan 2023

The Interlinkages Science-Technology-Law: Information And Communication Society, Knowledge-Based Economy And The Rule Of Law, Giovanni Bombelli, Paolo Davide Farah

Book Chapters

This chapter focuses on the circular and complex relationship between science, technology, society, and law. The technology/society connection focuses on the democratic deficit issue. The democratic deficit would be a consequence of the lack of adaptability of western democracy to complex (information) societies, where technology (and the increasing access to data that it permits) is separating the connection between information and knowledge (as well as the classical legitimacy couple of democracy-truth) moving these societies towards a technocracy. On one hand, the technology-law circle deals with the progressive reduction of law to a normative technique (since the law is always late …


The Intersections Among Science, Technology, Policy And Law: In Between Truth And Justice, Paolo Davide Farah, Justo Corti Varela Jan 2023

The Intersections Among Science, Technology, Policy And Law: In Between Truth And Justice, Paolo Davide Farah, Justo Corti Varela

Book Chapters

Different visions on the interaction between science, technology, policy and law have been presented. As common axe, we can detect the continuous search for truth and justice. Science and Law as social constructs, the distinction between truths and opinions through procedural method based on evidence and rationality, or how natural science “things” became facts, and consequently “truth”, are examples of this search. The evidence-gathering process that integrates scientific evidence into trial (sometimes by procedure and other times by a more substantive approach) is another possible approach. Of course, that the game of mutual influence among the four elements creates contradictions …


Antitrust, Algorithmic Pricing And Tacit Collusion, Maurice Stucke, Ariel Ezrachi Oct 2022

Antitrust, Algorithmic Pricing And Tacit Collusion, Maurice Stucke, Ariel Ezrachi

Book Chapters

No abstract provided.


Antitrust Enforcement And Market Power In The Digital Age: Is Your Digital Assistant Devious?, Maurice Stucke, Ariel Ezrachi May 2022

Antitrust Enforcement And Market Power In The Digital Age: Is Your Digital Assistant Devious?, Maurice Stucke, Ariel Ezrachi

Book Chapters

No abstract provided.


Hamilton, Hip-Hop, And The Culture Of Dueling In America, Glenn Harlan Reynolds Oct 2020

Hamilton, Hip-Hop, And The Culture Of Dueling In America, Glenn Harlan Reynolds

Book Chapters

No abstract provided.


Why It's A Bad Idea To Let A Few Tech Companies Monopolize Our Data, Maurice Stucke Apr 2020

Why It's A Bad Idea To Let A Few Tech Companies Monopolize Our Data, Maurice Stucke

Book Chapters

No abstract provided.


The Millennial Job Market: Maintaining Confidence In The Face Of Rejection, Eliza Boles Jan 2018

The Millennial Job Market: Maintaining Confidence In The Face Of Rejection, Eliza Boles

Book Chapters

No abstract provided.


The Legal Aspects Of Crowdfunding And U.S. Law, Joan Macleod Heminway Jan 2014

The Legal Aspects Of Crowdfunding And U.S. Law, Joan Macleod Heminway

Book Chapters

No abstract provided.


State Legislative Efforts To Improve Access To Venture Capital, Brian K. Krumm Jan 2012

State Legislative Efforts To Improve Access To Venture Capital, Brian K. Krumm

Book Chapters

No abstract provided.


Comparative Federalism And The Role Of Judiciary, Daniel Halberstam Sep 2009

Comparative Federalism And The Role Of Judiciary, Daniel Halberstam

Book Chapters

The distinctive feature of federalism is to locate the central and constituent governments' respective claims of organizational autonomy and jurisdictional authority within a set of privileged legal norms that are beyond the arena of daily politics. For the most part, the debate about the role of the judiciary as federal umpire has taken place within two separate disciplinary compartments: comparative politics and law. Building on recent e��orts to bring these two disciplines closer, this article provides a fresh look at three common criticisms of granting the central judiciary power to protect federalism. It argues that political safeguards of federalism are …


North Carolina Colonial Legal Materials, Scott Childs, Melanie J. Dunshee Jan 2005

North Carolina Colonial Legal Materials, Scott Childs, Melanie J. Dunshee

Book Chapters

No abstract provided.


Comparative Federalism And The Issue Of Commandeering, Daniel Halberstam Jan 2001

Comparative Federalism And The Issue Of Commandeering, Daniel Halberstam

Book Chapters

Divided power systems, such as the United States, the European Union, and the Federal Republic of Germany, confront a common question: whether the central government may 'commandeer' its component States, that is, whether the central government may issue binding commands that force its component States to take regulatory action with respect to private parties. This chapter explores what may initially appear as a puzzling difference in the answers given. Whereas US constitutional jurisprudence currently prohibits commandeering, the founding charters of the EU and Germany permit such action. And all do so in the name of protecting the integrity and importance …