University Of Illinois Journal Of Law Technology Policy

The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation. This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.

"This book presents a theoretical, historical and empirical account of the relationship between intellectual property rights, organizational type and market structure. Patents expand transactional choice by enabling smaller R&D-intensive firms to compete against larger firms that wield difficult-to-replicate financing, production and distribution capacities. In particular, patents enable upstream firms that specialize in innovation to exchange informational assets with downstream firms that specialize in commercialization, lowering capital and technical requirements that might otherwise impede entry. These theoretical expectations track a novel organizational history of the U.S. patent system during 1890-2006. Periods of strong patent protection tend to support innovation ecosystems in which smaller innovators can monetize R&D through financing, licensing and other relationships with funding and commercialization partners. Periods of weak patent protection tend to support innovation ecosystems in which innovation and commercialization mostly take place within the end-to-end structures of large integrated firms. The proposed link between IP rights and organizational type tracks evidence on historical and contemporary patterns in IP lobbying and advocacy activities. In general, larger and more integrated firms (outside pharmaceuticals) tend to advocate for weaker patents, while smaller and less integrated firms (and venture capitalists who back those firms) tend to advocate for stronger patents. Contrary to conventional assumptions, the economics, history and politics of the U.S. patent system suggest that weak IP rights often shelter large incumbents from the entry threat posed by smaller R&D-specialist entities"--

The gap between the rich and poor is widening across the globe. This book explores whether this major societal challenge of our time can be addressed by the means of competition law. The primary goal of today's competition law is to ensure that market power does not lead to an inefficient production of goods and services. Nevertheless, even such efficiency-oriented curbing of market power may arguably contribute to the reduction of differences in how much people own and earn. Furthermore, many competition law regimes do take into account distributive considerations too. The chapters investigate the relationship between competition law and economic (in)equality from philosophical, historical, and economic perspectives. Their inquiries concern the conceptual foundations of competition law and doctrinal frameworks of individual jurisdictions, as well as specific problems and markets. As such, the book provides a novel and comprehensive overview of whether and how competition law can contribute to more equality in both developed and developing countries. The book is a must-read for researchers, public officials, judges, and practitioners within the competition law community. It will also appeal to anyone more broadly interested in issues of inequality and economic policy.

This book presents 12 essays that focus on the analysis of the problems prompted by cyber operations (COs). It clarifies and discusses the ethical and regulatory problems raised by the deployment of cyber capabilities by a state’s army to inflict disruption or damage to an adversary’s targets in or through cyberspace. Written by world-leading philosophers, ethicists, policy-makers, and law and military experts, the essays cover such topics as the conceptual novelty of COs and the ethical problems that this engenders; the applicability of existing conceptual and regulatory frameworks to COs deployed in case of conflicts; the definition of deterrence strategies involving COs; and the analysis of models to foster cooperation in managing cyber crises. Each essay is an invited contribution or a revised version of a paper originally presented at the workshop on Ethics and Policies for Cyber Warfare, organized by the NATO Cooperative Cyber Defence Centre of Excellence in collaboration with the University of Oxford. The volume endorses a multi-disciplinary approach, as such it offers a comprehensive overview of the ethical, legal, and policy problems posed by COs and of the different approaches and methods that can be used to solve them. It will appeal to a wide readership, including ethicists, philosophers, military experts, strategy planners, and law- and policy-makers.

The first edition of this work, published in 1993, refuted the notion that administrative ethics could not be studied empirically. In this second edition, Frederickson (public administration, University of Kansas) and Ghere (political science, University of Dayton) expand their scope to include both the managerial and individual/moral dimensions of ethical behavior, and add a new section on administrative ethics and globalization. Other sections cover organizational designs that support ethical behavior, market forces that compromise administrative ethics, and unintended outcomes of anticorruption reforms. The book is appropriate for a graduate course in public sector ethics.

This important book systematically analyses the private international law issues regarding private antitrust damages claims which arise out of transnational competition law infringements. It identifies those problems that need to be considered by injured parties, defendants, judges and policy-makers when dealing with cross-border private antitrust damages claims in a global context. It considers the post-Brexit landscape and the implications in cross border private proceedings before the English courts and suggests how the legal landscape should be developed. It also sets out how private international law techniques could play an increasingly important role in private antitrust enforcement. Comprehensive and rigorous, this is required reading for scholars of both competition litigation and private international law.

Bringing together insights from political economy, public policy, science, technology and legal scholarship, this book explores the role of public procurement in digital technology regulation.