Algorithms and Law

Algorithms and Law
Author: Martin Ebers
Publisher: Cambridge University Press
Total Pages: 321
Release: 2020-07-23
Genre: Computers
ISBN: 1108424821

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Exploring issues from big-data to robotics, this volume is the first to comprehensively examine the regulatory implications of AI technology.

The Cambridge Handbook of the Law of Algorithms

The Cambridge Handbook of the Law of Algorithms
Author: Woodrow Barfield
Publisher: Cambridge University Press
Total Pages: 1327
Release: 2020-11-05
Genre: Law
ISBN: 1108663184

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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.

The Threats of Algorithms and AI to Civil Rights, Legal Remedies, and American Jurisprudence

The Threats of Algorithms and AI to Civil Rights, Legal Remedies, and American Jurisprudence
Author: Alfred R. Cowger
Publisher: Rowman & Littlefield
Total Pages: 277
Release: 2020-10-06
Genre: Law
ISBN: 1793622922

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The Threats of Algorithms and A.I. to Civil Rights, Legal Remedies, and American Jurisprudence addresses the many threats to American jurisprudence caused by the growing use of algorithms and artificial intelligence (A.I.). Although algorithms prove valuable to society, that value may also lead to the destruction of the foundations of American jurisprudence by threatening constitutional rights of individuals, creating new liabilities for business managers and board members, disrupting commerce, interfering with long-standing legal remedies, and causing chaos in courtrooms trying to adjudge lawsuits. Alfred R. Cowger, Jr. explains these threats and provides potential solutions for both the general public and legal practitioners. Scholars of legal studies, media studies, and political science will find this book particularly useful.

Law by Algorithm

Law by Algorithm
Author: Horst Eidenmüller
Publisher:
Total Pages: 284
Release: 2021-11
Genre:
ISBN: 9783161575082

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Digitization, blockchain technology and Artificial Intelligence (AI) are fundamentally changing the fabric of societies, influencing lawmaking, legal scholarship and legal practice. The authors of this volume investigate the real-world developments that can be observed in this process, how established legal doctrines are being challenged, the regulatory issues societies face as a result, and how AI can be used in lawmaking and adjudication. By analyzing these four interrelated areas, the authors discuss conceptual issues of regulating AI, examine the impact of new technologies on commercial transactions and corporate governance, investigate civil liability rules for AI applications and explore key features and problems of digital dispute resolution. A recurring theme is that although Law by Algorithm might massively increase overall societal welfare, it runs the significant risk of benefitting only a few. To make it work for the good of all is a mammoth task - and one this volume hopes to contribute to.

Algorithmic Governance and Governance of Algorithms

Algorithmic Governance and Governance of Algorithms
Author: Martin Ebers
Publisher: Springer Nature
Total Pages: 174
Release: 2020-10-08
Genre: Law
ISBN: 3030505596

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Algorithms are now widely employed to make decisions that have increasingly far-reaching impacts on individuals and society as a whole (“algorithmic governance”), which could potentially lead to manipulation, biases, censorship, social discrimination, violations of privacy, property rights, and more. This has sparked a global debate on how to regulate AI and robotics (“governance of algorithms”). This book discusses both of these key aspects: the impact of algorithms, and the possibilities for future regulation.

Just Algorithms

Just Algorithms
Author: Christopher Slobogin
Publisher: Cambridge University Press
Total Pages: 183
Release: 2021-07-29
Genre: Law
ISBN: 1108996809

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Statistically-derived algorithms, adopted by many jurisdictions in an effort to identify the risk of reoffending posed by criminal defendants, have been lambasted as racist, de-humanizing, and antithetical to the foundational tenets of criminal justice. Just Algorithms argues that these attacks are misguided and that, properly regulated, risk assessment tools can be a crucial means of safely and humanely dismantling our massive jail and prison complex. The book explains how risk algorithms work, the types of legal questions they should answer, and the criteria for judging whether they do so in a way that minimizes bias and respects human dignity. It also shows how risk assessment instruments can provide leverage for curtailing draconian prison sentences and the plea-bargaining system that produces them. The ultimate goal of Christopher Slobogin's insightful analysis is to develop the principles that should govern, in both the pretrial and sentencing settings, the criminal justice system's consideration of risk.

Constitutional Challenges in the Algorithmic Society

Constitutional Challenges in the Algorithmic Society
Author: Hans-W. Micklitz
Publisher: Cambridge University Press
Total Pages: 341
Release: 2021-12-02
Genre: Law
ISBN: 1108906923

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New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal response to new technologies and their market applications, as well as the state's own use of new technology. In particular, the development of data collection, data mining, and algorithmic analysis by public and private actors present unique challenges to public law at the doctrinal as well as the theoretical level. This collection, aimed at legal scholars and practitioners, describes the constitutional challenges created by the algorithmic society. It offers an important synthesis of the state of play in law and technology studies, addressing the challenges for fundamental rights and democracy, the role of policy and regulation, and the responsibilities of private actors. This title is also available as Open Access on Cambridge Core.

The Black Box Society

The Black Box Society
Author: Frank Pasquale
Publisher: Harvard University Press
Total Pages: 320
Release: 2015-01-05
Genre: Law
ISBN: 0674967100

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Every day, corporations are connecting the dots about our personal behavior—silently scrutinizing clues left behind by our work habits and Internet use. The data compiled and portraits created are incredibly detailed, to the point of being invasive. But who connects the dots about what firms are doing with this information? The Black Box Society argues that we all need to be able to do so—and to set limits on how big data affects our lives. Hidden algorithms can make (or ruin) reputations, decide the destiny of entrepreneurs, or even devastate an entire economy. Shrouded in secrecy and complexity, decisions at major Silicon Valley and Wall Street firms were long assumed to be neutral and technical. But leaks, whistleblowers, and legal disputes have shed new light on automated judgment. Self-serving and reckless behavior is surprisingly common, and easy to hide in code protected by legal and real secrecy. Even after billions of dollars of fines have been levied, underfunded regulators may have only scratched the surface of this troubling behavior. Frank Pasquale exposes how powerful interests abuse secrecy for profit and explains ways to rein them in. Demanding transparency is only the first step. An intelligible society would assure that key decisions of its most important firms are fair, nondiscriminatory, and open to criticism. Silicon Valley and Wall Street need to accept as much accountability as they impose on others.

The Algorithmic Society

The Algorithmic Society
Author: Marc Schuilenburg
Publisher: Routledge
Total Pages: 177
Release: 2020-12-29
Genre: Political Science
ISBN: 0429536992

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We live in an algorithmic society. Algorithms have become the main mediator through which power is enacted in our society. This book brings together three academic fields – Public Administration, Criminal Justice and Urban Governance – into a single conceptual framework, and offers a broad cultural-political analysis, addressing critical and ethical issues of algorithms. Governments are increasingly turning towards algorithms to predict criminality, deliver public services, allocate resources, and calculate recidivism rates. Mind-boggling amounts of data regarding our daily actions are analysed to make decisions that manage, control, and nudge our behaviour in everyday life. The contributions in this book offer a broad analysis of the mechanisms and social implications of algorithmic governance. Reporting from the cutting edge of scientific research, the result is illuminating and useful for understanding the relations between algorithms and power.Topics covered include: Algorithmic governmentality Transparency and accountability Fairness in criminal justice and predictive policing Principles of good digital administration Artificial Intelligence (AI) in the smart city This book is essential reading for students and scholars of Sociology, Criminology, Public Administration, Political Sciences, and Cultural Theory interested in the integration of algorithms into the governance of society.

Research Handbook on the Law of Artificial Intelligence

Research Handbook on the Law of Artificial Intelligence
Author: Woodrow Barfield
Publisher: Edward Elgar Publishing
Total Pages: 736
Release: 2018-12-28
Genre: Computers
ISBN: 1786439050

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The field of artificial intelligence (AI) has made tremendous advances in the last two decades, but as smart as AI is now, it is getting smarter and becoming more autonomous. This raises a host of challenges to current legal doctrine, including whether AI/algorithms should count as ‘speech’, whether AI should be regulated under antitrust and criminal law statutes, and whether AI should be considered as an agent under agency law or be held responsible for injuries under tort law. This book contains chapters from US and international law scholars on the role of law in an age of increasingly smart AI, addressing these and other issues that are critical to the evolution of the field.