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ix | |
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x | |
Notes on Contributors |
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xi | |
Foreword: Algorithms and the Law |
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xix | |
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Preface |
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xxiii | |
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Acknowledgements |
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xxv | |
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xxvi | |
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PART I INTRODUCTION AND SETTING THE STAGE FOR A LAW OF ALGORITHMS |
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1 An Introduction to Law and Algorithms |
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3 | (13) |
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2 The Opinion of Machines |
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16 | (31) |
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3 Private Accountability in an Age of Artificial Intelligence |
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47 | (60) |
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107 | (14) |
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5 Understanding Transparency in Algorithmic Accountability |
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121 | (20) |
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PART II BUSINESS, REGULATIONS, AND DECISION-MAKING WITH ALGORITHMS |
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6 Algorithms and Contract Law |
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141 | (12) |
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7 Algorithms, Agreements, and Agency |
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153 | (9) |
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8 Algorithmic Governance and Administrative Law |
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162 | (20) |
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9 Discrimination in the Age of Algorithms |
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182 | (17) |
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10 Algorithmic Competition, Collusion, and Price Discrimination |
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199 | (10) |
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11 The Rule of Law and Algorithmic Governance |
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209 | (24) |
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12 Governance of Algorithms: Rethinking Public Sector Use of Algorithms for Predictive Purposes |
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233 | (18) |
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13 From Rule of Law to Statute Drafting: Legal Issues for Algorithms in Government Decision-Making |
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251 | (22) |
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14 Algorithmic Decision Systems: Automation and Machine Learning in the Public Administration |
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273 | (28) |
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15 From Legal Sources to Programming Code: Automatic Individual Decisions in Public Administration and Computers under the Rule of Law |
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301 | (38) |
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PART III INTELLECTUAL PROPERTY AND ALGORITHMS |
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16 Inventive Algorithms and the Evolving Nature of Innovation |
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339 | (35) |
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17 Software Patenting and Section 101's Gatekeeping Function |
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374 | (17) |
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18 Intellectual Property at a Crossroad: Awarding IP Protection for Algorithms |
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391 | (16) |
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PART IV CRIMINAL LAW, TORT ISSUES, AND ALGORITHMS |
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19 The Use of Algorithms in Criminal Adjudication |
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407 | (25) |
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20 Assessing the Risk of Offending through Algorithms |
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432 | (17) |
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449 | (22) |
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22 When Do Algorithmic Tortfeasors that Caused Damage Warrant Unique Legal Treatment? |
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471 | (22) |
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23 Tort-Law: Applying A "Reasonableness" Standard to Algorithms |
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493 | (24) |
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PART V CONSTITUTIONAL LAW, HUMAN RIGHTS, AND ALGORITHMS |
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24 Human Rights-Based Approach to AI and Algorithms: Concerning Welfare Technologies |
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517 | (26) |
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25 Four Modes of Speech Protection for Algorithms |
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543 | (15) |
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26 Algorithms and Freedom of Expression |
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558 | (21) |
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27 Artificial Minds in First Amendment Borderlands |
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579 | (27) |
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28 The First Amendment and Algorithms |
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606 | (26) |
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29 Algorithmic Analysis of Social Behavior for Profiling, Ranking, and Assessment |
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632 | (22) |
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30 Algorithmic Stages in Privacy of Data Analytics: Process and Probabilities |
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654 | (13) |
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PART VI APPLICATIONS AND FUTURE DIRECTIONS OF LAW AND ALGORITHMS |
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31 Moral Machines: The Emerging EU Policy on "Trustworthy AI" |
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667 | (24) |
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32 Law in Turing's Cathedral: Notes on the Algorithmic Turn of the Legal Universe |
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691 | (31) |
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33 Arguing over Algorithms: Mapping the Dilemmas Inherent in Operationalizing "Ethical" Artificial Intelligence |
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722 | (14) |
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Mariano-Florentino Cuellar |
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34 Embodiment and Algorithms for Human-Robot Interaction |
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736 | (21) |
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35 On Being Trans-Human: Commercial BCIs and the Quest for Autonomy |
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757 | (18) |
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Index |
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775 | |