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This Research Handbook inspires a new vision of contracts, with
practical illustrations of how they should be designed, rather than
just drafted. The contributors offer a proactive approach, merged
with innovative design, to show how contracts can be both
user-friendly and legally functional. This ground-breaking work
goes beyond the initial drafting and formation of contracts to
cover implementation and integration with business infrastructure -
including digital processes. Drawing on a multi-disciplinary
perspective, it highlights all aspects of the contract lifecycle,
using both theoretical and practical scenarios. As well as improved
design and communication, the Handbook takes a creative view of the
role of emerging technologies, including AI, and how they can
increase contract functionality and visualisation. The goals are
simplification, clarity about rights and obligations, and the
prevention of unnecessary legal problems. Providing an up-to-date
analysis of current trends in contract design thinking and
practice, this Handbook will be an excellent resource for contract
and legal professionals, scholars and practitioners. Entrepreneurs,
procurement and sales managers, information designers and
technologists will also find the forward-thinking, human-centred
approach in this book illuminating and informative.
This innovative book proposes new theories on how the legal system
can be made more comprehensible, usable and empowering for people
through the use of design principles. Utilising key case studies
and providing real-world examples of legal innovation, the book
moves beyond discussion to action. It offers a rich set of
examples, demonstrating how various design methods, including
information, service, product and policy design, can be leveraged
within research and practice. Providing a forward-thinking outlook,
this book presents an in-depth examination of how a human-centred,
visual and participatory design approach can improve legal services
and outcomes. Spanning numerous fields of legal practice, from
education, housing and contracts to intellectual property, it
highlights how visuals, information design and better communication
can help prevent and solve legal problems. Chapters explore a new
vision of lawyering and its potential to encompass a more creative
and collaborative approach to legal practice. Legal Design will be
of benefit to students and scholars seeking an up-to-date analysis
of current trends related to legal design thinking and execution.
It will also be a key resource for legal practitioners,
policy-makers, government officials and business professionals
looking to deepen their understanding of the field and improve
their own design tools.
The exponential growth of disruptive technology is changing our
world. The development of cloud computing, big data, the internet
of things, artificial intelligence, machine learning, deep
learning, and other related autonomous systems, such as
self-driving vehicles, have triggered the emergence of new products
and services. These significant technological breakthroughs have
opened the door to new economic models such as the sharing and
platform-based economy. As a result, companies are becoming
increasingly data- and algorithm-driven, coming to be more like
"decentralized platforms". New transaction or payment methods such
as Bitcoin and Ethereum, based on trust-building systems using
Blockchain, smart contracts, and other distributed ledger
technology, also constitute an essential part of this new economic
model. The sharing economy and digital platforms also include the
everyday exchange of goods allowing individuals to commodify their
surplus resources. Information and innovation technologies are used
in order to then match these resources with existing demand in the
market. Online platforms such as Airbnb, Uber, and Amazon reduce
information asymmetry, increase the value of unused resources, and
create new opportunities for collaboration and innovation.
Moreover, the sharing economy is playing a major role in the
transition from exclusive ownership of personal assets toward
access-based exploitation of resources. The success of online
matching platforms depends not only on the reduction of search
costs but also on the trustworthiness of platform operators. From a
legal perspective, the uncertainties triggered by the emergence of
a new digital reality are particularly urgent. How should these
tendencies be reflected in legal systems in each jurisdiction? This
book collects a series of contributions by leading scholars in the
newly emerging fields of sharing economy and Legal Tech. The aim of
the book is to enrich legal debates on the social, economic, and
political meaning of these cutting-edge technologies. The chapters
presented in this edition attempt to answer some of these lingering
questions from the perspective of diverse legal backgrounds.
Two of the most important developments of this new century are the
emergence of cloud computing and big data. However, the
uncertainties surrounding the failure of cloud service providers to
clearly assert ownership rights over data and databases during
cloud computing transactions and big data services have been
perceived as imposing legal risks and transaction costs. This lack
of clear ownership rights is also seen as slowing down the capacity
of the Internet market to thrive. Click-through agreements drafted
on a take-it-or-leave-it basis govern the current state of the art,
and they do not allow much room for negotiation. The novel
contribution of this book proffers a new contractual model
advocating the extension of the negotiation capabilities of cloud
customers, thus enabling an automated and machine-readable
framework, orchestrated by a cloud broker. Cloud computing and big
data are constantly evolving and transforming into new paradigms
where cloud brokers are predicted to play a vital role as
innovation intermediaries adding extra value to the entire life
cycle. This evolution will alleviate the legal uncertainties in
society by means of embedding legal requirements in the user
interface and related computer systems or its code. This book
situates the theories of law and economics and behavioral law and
economics in the context of cloud computing and takes database
rights and ownership rights of data as prime examples to represent
the problem of collecting, outsourcing, and sharing data and
databases on a global scale. It does this by highlighting the legal
constraints concerning ownership rights of data and databases and
proposes finding a solution outside the boundaries and limitations
of the law. By allowing cloud brokers to establish themselves in
the market as entities coordinating and actively engaging in the
negotiation of service-level agreements (SLAs), individual
customers as well as small and medium-sized enterprises could
efficiently and effortlessly choose a cloud provider that best
suits their needs. This approach, which the author calls "plan-like
architectures," endeavors to create a more trustworthy cloud
computing environment and to yield radical new results for the
development of the cloud computing and big data markets.
The emergence of digital platforms and the new application economy
are transforming healthcare and creating new opportunities and
risks for all stakeholders in the medical ecosystem. Many of these
developments rely heavily on data and AI algorithms to prevent,
diagnose, treat, and monitor diseases and other health conditions.
A broad range of medical, ethical and legal knowledge is now
required to navigate this highly complex and fast-changing space.
This collection brings together scholars from medicine and law, but
also ethics, management, philosophy, and computer science, to
examine current and future technological, policy and regulatory
issues. In particular, the book addresses the challenge of
integrating data protection and privacy concerns into the design of
emerging healthcare products and services. With a number of
comparative case studies, the book offers a high-level, global, and
interdisciplinary perspective on the normative and policy dilemmas
raised by the proliferation of information technologies in a
healthcare context.
This book brings together a series of contributions by leading
scholars and practitioners to examine the main features of smart
contracts, as well as the response of key stakeholders in
technology, business, government and the law. It explores how this
new technology interfaces with the goals and content of contract
law, introducing and evaluating several mechanisms to improve the
'observability' and reduce the costs of verifying contractual
obligations and performance. It also outlines various 'design
patterns' that ensure that end users are protected from themselves,
prevent cognitive accidents, and translate expectations and values
into more user-oriented agreements. Furthermore, the chapters map
the new risks associated with smart contracts, particularly for
consumers, and consider how they might be alleviated. The book also
discusses the challenge of integrating data protection and privacy
concerns into the design of these agreements and the broad range of
legal knowledge and skills required. The case for using smart
contracts goes beyond 'contracts' narrowly defined, and they are
increasingly used to disrupt traditional models of business
organisation. The book discusses so-called decentralised autonomous
organisations and decentralised finance as illustrations of this
trend. This book is designed for those interested in looking to
deepen their understanding of this game-changing new legal
technology.
The exponential growth of disruptive technology is changing our
world. The development of cloud computing, big data, the internet
of things, artificial intelligence, machine learning, deep
learning, and other related autonomous systems, such as
self-driving vehicles, have triggered the emergence of new products
and services. These significant technological breakthroughs have
opened the door to new economic models such as the sharing and
platform-based economy. As a result, companies are becoming
increasingly data- and algorithm-driven, coming to be more like
"decentralized platforms". New transaction or payment methods such
as Bitcoin and Ethereum, based on trust-building systems using
Blockchain, smart contracts, and other distributed ledger
technology, also constitute an essential part of this new economic
model. The sharing economy and digital platforms also include the
everyday exchange of goods allowing individuals to commodify their
surplus resources. Information and innovation technologies are used
in order to then match these resources with existing demand in the
market. Online platforms such as Airbnb, Uber, and Amazon reduce
information asymmetry, increase the value of unused resources, and
create new opportunities for collaboration and innovation.
Moreover, the sharing economy is playing a major role in the
transition from exclusive ownership of personal assets toward
access-based exploitation of resources. The success of online
matching platforms depends not only on the reduction of search
costs but also on the trustworthiness of platform operators. From a
legal perspective, the uncertainties triggered by the emergence of
a new digital reality are particularly urgent. How should these
tendencies be reflected in legal systems in each jurisdiction? This
book collects a series of contributions by leading scholars in the
newly emerging fields of sharing economy and Legal Tech. The aim of
the book is to enrich legal debates on the social, economic, and
political meaning of these cutting-edge technologies. The chapters
presented in this edition attempt to answer some of these lingering
questions from the perspective of diverse legal backgrounds.
Two of the most important developments of this new century are the
emergence of cloud computing and big data. However, the
uncertainties surrounding the failure of cloud service providers to
clearly assert ownership rights over data and databases during
cloud computing transactions and big data services have been
perceived as imposing legal risks and transaction costs. This lack
of clear ownership rights is also seen as slowing down the capacity
of the Internet market to thrive. Click-through agreements drafted
on a take-it-or-leave-it basis govern the current state of the art,
and they do not allow much room for negotiation. The novel
contribution of this book proffers a new contractual model
advocating the extension of the negotiation capabilities of cloud
customers, thus enabling an automated and machine-readable
framework, orchestrated by a cloud broker. Cloud computing and big
data are constantly evolving and transforming into new paradigms
where cloud brokers are predicted to play a vital role as
innovation intermediaries adding extra value to the entire life
cycle. This evolution will alleviate the legal uncertainties in
society by means of embedding legal requirements in the user
interface and related computer systems or its code. This book
situates the theories of law and economics and behavioral law and
economics in the context of cloud computing and takes database
rights and ownership rights of data as prime examples to represent
the problem of collecting, outsourcing, and sharing data and
databases on a global scale. It does this by highlighting the legal
constraints concerning ownership rights of data and databases and
proposes finding a solution outside the boundaries and limitations
of the law. By allowing cloud brokers to establish themselves in
the market as entities coordinating and actively engaging in the
negotiation of service-level agreements (SLAs), individual
customers as well as small and medium-sized enterprises could
efficiently and effortlessly choose a cloud provider that best
suits their needs. This approach, which the author calls "plan-like
architectures," endeavors to create a more trustworthy cloud
computing environment and to yield radical new results for the
development of the cloud computing and big data markets.
This book brings together a series of contributions by leading
scholars and practitioners to examine the main features of smart
contracts, as well as the response of key stakeholders in
technology, business, government and the law. It explores how this
new technology interfaces with the goals and content of contract
law, introducing and evaluating several mechanisms to improve the
'observability' and reduce the costs of verifying contractual
obligations and performance. It also outlines various 'design
patterns' that ensure that end users are protected from themselves,
prevent cognitive accidents, and translate expectations and values
into more user-oriented agreements. Furthermore, the chapters map
the new risks associated with smart contracts, particularly for
consumers, and consider how they might be alleviated. The book also
discusses the challenge of integrating data protection and privacy
concerns into the design of these agreements and the broad range of
legal knowledge and skills required. The case for using smart
contracts goes beyond 'contracts' narrowly defined, and they are
increasingly used to disrupt traditional models of business
organisation. The book discusses so-called decentralised autonomous
organisations and decentralised finance as illustrations of this
trend. This book is designed for those interested in looking to
deepen their understanding of this game-changing new legal
technology.
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