Academic Writing

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Inefficiently Automated Law Enforcement

Author(s): 
Woodrow Hartzog
Publication Date: 
May 4, 2016
Publication Type: 
Academic Writing

For some crimes the entire law enforcement process can now be automated. No humans are needed to detect the crime, identify the perpetrator, or impose punishment. While automated systems are cheap and efficient, governments and citizens must look beyond these obvious savings as manual labor is replaced by robots and computers.

Digital Piracy Debunked: a Short Note on Digital Threats and Intermediary Liability

Author(s): 
Giancarlo Frosio
Publication Date: 
March 23, 2016
Publication Type: 
Academic Writing
In the last two decades, the industry has deployed endlessly the rhetoric of the “digital threat” in order to demand harsher measures against digital piracy. Recently, the “digital threat” discourse called for enhanced liability of online intermediaries, especially those whose platforms may be used to infringe copyright. This short paper shows that the “digital threat” discourse is based on shaky grounds. Two related arguments might run against this approach. First, market conditions might incentivise piracy.

Mapping War Crimes in Syria

Author(s): 
Beth Van Schaack
Publication Date: 
March 16, 2016
Publication Type: 
Academic Writing

This paper maps the range of war crimes being committed in Syria with reference to the applicable treaty and customary international law and prospects for prosecution. It begins by presenting the international legal framework employed to determine when an armed conflict began in Syria, how this conflict is classified under international law, and which multilateral treaties and customary rules are operative. This framework underlies the determination of which war crimes can be prosecuted, which tribunals might have jurisdiction, and which perpetrators may be made subject to indictment.

Trademark Use Doctrine in the European Union and Japan

Author(s): 
Martin Husovec
Publication Date: 
March 4, 2016
Publication Type: 
Academic Writing

Trademark Use Doctrine in the European Union and Japan

Martin Husovec 

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT); Tilburg Law and Economics Center (TILEC); Stanford University - Stanford Law School Center for Internet and Society

March 4, 2016

Robots in American Law

Author(s): 
Ryan Calo
Publication Date: 
February 24, 2016
Publication Type: 
Academic Writing

Abstract:      

Trusting Big Data Research

Author(s): 
Neil Richards
Woodrow Hartzog
Publication Date: 
January 18, 2016
Publication Type: 
Academic Writing

Abstract:      

Operationalizing Cybersecurity Due Diligence: A Transatlantic Comparative Case Study

Author(s): 
Scott Shackelford
Publication Date: 
January 12, 2016
Publication Type: 
Academic Writing

Although much work has been done on applying the law of warfare to cyber attacks, far less attention has been paid to defining a law of cyber peace applicable below the armed attack threshold. Among the most important unanswered questions is what exactly nations’ due diligence obligations are to one another and to the private sector, as well as how these obligations should be translated into policy.

The Building Blocks of Hybrid Justice

Author(s): 
Beth Van Schaack
Publication Date: 
December 17, 2015
Publication Type: 
Academic Writing

The commission of mass atrocities — genocide, crimes against humanity, and war crimes — inevitably generates clarion calls for accountability from a range of international actors, including civil society organizations, governments, and United Nations bodies. These demands often center on an appeal that the situation be taken up by the International Criminal Court (ICC) via a Security Council referral or action by the Prosecutor herself. Although the ICC is now fully operational, its jurisdiction remains incomplete and its resources limited.

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