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AI for public good: reorientating fairness, accountability and uncertainty in public sector governance
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Algorithmic enforcement tools: governing opacity with due process
No full textThis chapter explores the complex interplay between Artificial Intelligence (AI), algorithmic enforcement tools and digital forensics in the context of online content moderation. As AI-driven algorithms increasingly perform roles traditionally reserved for human experts, questions of transparency, accountability and due process take centre stage. The allure of automated efficiency often clashes with the imperative for transparency, particularly when algorithms function as opaque ‘black boxes,’ unamenable to public scrutiny or legal review. Instead, algorithmic enforcement tools for online moderation need to meet both technical and legal standards, akin to DNA tools in forensics. These algorithms require transparent decision-making logs and must withstand scrutiny for accuracy and bias. Failure to do so may lead to inability to lawfully implement algorithmic enforcement tools. This chapter critically analyses the rising phenomenon of ‘private ordering,’ where online intermediaries take on roles akin to law enforcement agencies, embedding policy decisions into algorithms and affecting online behaviour beyond mere legal compliance. Shifting the liability to online intermediaries has sparked a new form of private law enforcement but also raises concerns about ‘machine-made justice’, thereby necessitating a careful examination under frameworks such as the European Convention of Human Rights. The chapter also critically evaluates the ethical and legal challenges this presents, including the potential for over-enforcement and the erosion of fundamental human rights like due process, privacy, freedom of speech, and freedom to conduct a business. It interrogates existing and emerging regulatory frameworks such as the Digital Services Act (DSA). The DSA, with its emphasis on algorithmic transparency, accountability, and risk assessment, offers a potential pathway to balance technological advancements with fundamental human rights
The importance of empirical research in contemporary intellectual property rights academia (Book review of Research handbook on empirical studies in intellectual property law Estelle Derclaye (Ed.) )
No full textNormative analysis of the law, also known as black letter law, has long dominated legal studies. However, when it comes to the application thereof, empirical research has become increasingly important in contemporary legal academia. Similarly, there is a trend in the field of IP research toward an increased amount of empirical study that is both quantitative and qualitative. Therefore, Professor Estelle Derclaye’s contribution is pertinent. The book seeks to bring together diverse IP scholars to participate in a discourse about their current and, in most instances, ongoing research and experiences with empirical research approaches in the field of IP law. This is accomplished through the arrangement of 19 chapters divided into 5 sections.Patent law, specifically, has seen an increase in the number and quality of empirical studies conducted by commercial entities, academic institutions and international organizations alike. It is therefore no surprise that out of the five parts in the book, two parts are dedicated to patent law discussions
The expression of compassion in leadership in intercultural organizational situations: the case of Japanese leaders in India
No full textIn this paper, we examine the role played by compassion in leadership in intercultural situations. Focusing on the growing and important economic context of Indo-Japanese business, we develop a model that identifies contingent factors that affect Japanese leaders' expressions of compassion in intercultural organizational contexts. We engage with the spiritual capital construct and analyse leaders' lived experiences leading to a novel extension of the well-established Nested Spheres Model of Culture. By adopting an inductivist and social constructivist approach, semistructured interviews with Japanese business leaders operating in India are employed to generate data. The empirical data show how changes in time and place cause deeply embedded cultural values (such as compassion) to surface and become more explicit in leadership. The study also underlines the need to explore the wider spatial, temporal, and economic contingencies that affect both the dynamics of compassion in “intercultural” business situations and spiritual leadership in intercultural contexts.<br/
Music and hope in Irish working-class recession writing: Roddy Doyle’s <i>The Commitments</i> and Emmet Kirwan’s <i>Dublin Oldschool</i>
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Introduction: Disability and digital marketing
No full textDespite having the right to full social inclusion, people with disabilities face multiple everyday trials. These challenges are further compounded through persisting narratives of stigma, prejudice and discrimination. Disabled voices tend to be carried by others, originating from more formal positions, where the medical model assumes precedence. Acknowledging the frailties and the need to break down impediments to exorcising voice needs further cultivating and holds potential to transfigure the disability scape, enabling appreciation and recognition of lives lived, in all their volubility. Consumer researchers’ immersion (physically and virtually) in wider fields of disability offers rich and interactive insights into disabled consumers’ lives, from carefully curated, shared voice-making. Silenced voices of disabled consumers are often understood as one of choices-the wanting to remain marginalized, reinforced by illness and stigma. Marketplace exclusion disrupts everyday life, and in its wake, associated challenges of non-acceptance persist. These cannot be negotiated from the basis of ostensible vulnerability, veiled in misunderstanding. While disabled consumers face many barriers to communing in the online space, Internet usage nonetheless offers potential both to participate in society more fully and to create alternatives to experiencing wider exclusion, utilizing the arts and activism as forms of empowering expression and understanding of disability culture.</p
