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Article

Access_open The Child’s Contact with Grandparents

Journal Family & Law, September 2021
Keywords Family life, Best interest of the child, Contact rights, Grandchildren, Grandparents
Authors prof. M. Holdgaard
AbstractAuthor's information

    Grandparents hand down their experiences, knowledge, traditions and values to their grandchildren. As a high level of grandparental involvement may play an important role in a child’s well-being, legal protection of that family relation may be in the best interest of a given child. There is a continuing interaction between family law, cultural and social norms of what constitutes a family and how family life should be, and actual family practices and structures. Due to changing family patterns combined with an increasing number of divorces and cohabiting couples with children splitting up grandparents now play an increasing role in their grandchildren’s lives. Children become members within other types of family structures, e.g. single parents (raising half-siblings), families with yours and/or mine (and joint) children etc. When a child’s family includes a step-parent with children and step-grandparents – as well as the biological parents and grandparents – a potential risk of conflict among the family members is high. Grandparents, therefore, risk losing contact or having less contact than they had previously. At first glance, there might appear to be little reason for society to regulate the practices of grandparents as providers of non-formalized childcare or to protect the rights of children in these relationships. However, due to the changing family practices and social norms, one could argue that the legal protection of contact between grandparents and grandchildren is an important legal topic in domestic law and in academic discussions in the coming years. This article articulates these issues by framing three articles that together create a thematic map in this journal on Spanish and Catalan law, and Scandinavian law as well as the grandparents’ right to maintain contact with their grandchildren under the European Convention on Human Rights seen in a context of the best interest of the child.


prof. M. Holdgaard
Marianne Holdgaard is Professor in family and inheritance law at the School of Law, Faculty of Social Sciences, University of Aalborg
Article

Performing the COVID-19 Crisis in Flemish Populist Radical-Right Discourse

A Case Study of Vlaams Belang’s Coronablunderboek

Journal Politics of the Low Countries, Issue 2 2021
Keywords populism, COVID-19, crisis, discourse
Authors Jens Meijen
AbstractAuthor's information

    In June 2020, the Flemish populist radical right party Vlaams Belang (VB) published the Corona Blunder Book (CBB; Coronablunderboek in Dutch), detailing the government’s mistakes in handling the COVID-19 crisis. Populist parties can ‘perform’ crisis by emphasising the mistakes made by opponents (Moffitt, 2015) and may use a specifically populist discursive style, consisting largely of aggressive and sarcastic language (Brubaker, 2017). This paper takes the CBB as a case study in the populist performance of crisis and the populist style, finding that the book is, first, a clear example of populist ‘everyman’ stylistics and the performance of crisis, and, second, that VB uses the book to shift the COVID-19 crisis from a public health crisis to a crisis of governance, seeking to blame Belgium’s federal structure for the government’s alleged mismanagement of the COVID-19 pandemic and hence arguing for Flemish independence, one of the party’s main agenda points.


Jens Meijen
Jens Meijen is a PhD candidate at Leuven International and European Studies (LINES) at KU Leuven. His research focuses on nationalism, populism, and diplomacy.
Article

Access_open Text-mining for Lawyers: How Machine Learning Techniques Can Advance our Understanding of Legal Discourse

Journal Erasmus Law Review, Issue 1 2021
Keywords text mining, machine learning, law, natural language processing
Authors Arthur Dyevre
AbstractAuthor's information

    Many questions facing legal scholars and practitioners can be answered only by analysing and interrogating large collections of legal documents: statutes, treaties, judicial decisions and law review articles. I survey a range of novel techniques in machine learning and natural language processing – including topic modelling, word embeddings and transfer learning – that can be applied to the large-scale investigation of legal texts


Arthur Dyevre
Arthur Dyevre is Professor at the KU Leuven Centre for Empirical Jurisprudence, Leuven, Belgium. arthur.dyevre@kuleuven.be.
Article

Access_open Teaching Technology to (Future) Lawyers

Journal Erasmus Law Review, Issue 1 2021
Keywords legal education, law and technology, legal analytics, technology education, technological literacy
Authors Mikołaj Barczentewicz
AbstractAuthor's information

    The article offers a reflection on how applications of computer technology (including data analytics) are and may be taught to (future) lawyers and what are the benefits and limitations of the different approaches. There is a growing sense among legal professionals and law teachers that the technological changes in the practice of law are likely to promote the kind of knowledge and skills that law graduates often do not possess today. Teaching computer technology can be done in various ways and at various depths, and those different ways and levels have different cost and benefit considerations. The article discusses four models of teaching technology: (1) teaching basic technological literacy, (2) more advanced but general technology teaching, (3) teaching computer programming and quantitative methods and (4) teaching a particular aspect of technology – other than programming (e.g. cybersecurity). I suggest that there are strong reasons for all current and future lawyers to acquire proficiency in effective uses of office and legal research software and standard means of online communication and basic cybersecurity. This can be combined with teaching of numerical and informational literacy. I also claim that advanced technology topics, like computer programming, should be taught only to the extent that this is justified by the direct need for such skills and knowledge in students’ future careers, which I predict to be true for only a minority of current lawyers and law students.


Mikołaj Barczentewicz
Mikołaj Barczentewicz is the Research Director, Surrey Law and Technology Hub, as well as Senior Lecturer (Associate Professor) in Law, University of Surrey School of Law. He is also a Research Associate of the University of Oxford Centre for Technology and Global Affairs.
Article

Access_open Big Data Ethics: A Life Cycle Perspective

Journal Erasmus Law Review, Issue 1 2021
Keywords big data, big data analysis, data life cycle, ethics, AI
Authors Simon Vydra, Andrei Poama, Sarah Giest e.a.
AbstractAuthor's information

    The adoption of big data analysis in the legal domain is a recent but growing trend that highlights ethical concerns not just with big data analysis, as such, but also with its deployment in the legal domain. This article systematically analyses five big data use cases from the legal domain utilising a pluralistic and pragmatic mode of ethical reasoning. In each case we analyse what happens with data from its creation to its eventual archival or deletion, for which we utilise the concept of ‘data life cycle’. Despite the exploratory nature of this article and some limitations of our approach, the systematic summary we deliver depicts the five cases in detail, reinforces the idea that ethically significant issues exist across the entire big data life cycle, and facilitates understanding of how various ethical considerations interact with one another throughout the big data life cycle. Furthermore, owing to its pragmatic and pluralist nature, the approach is potentially useful for practitioners aiming to interrogate big data use cases.


Simon Vydra
Simon Vydra is a Researcher at the Institute for Public Administration, Leiden University, the Netherlands.

Andrei Poama
Andrei Poama is Assistant Professor at the Institute for Public Administration, Leiden University, the Netherlands.

Sarah Giest
Sarah Giest is Assistant Professor at the Institute for Public Administration, Leiden University, the Netherlands.

Alex Ingrams
Alex Ingrams is Assistant Professor at the Institute for Public Administration, Leiden University, the Netherlands.

Bram Klievink
Bram Klievink is Professor of Digitization and Public Policy at the Institute for Public Administration, Leiden University, the Netherlands.

Chris Draper
Chris Draper, Ph.D., P.E., helps humans make fewer errors when using technology. This expertise was gained through a career of analysing and reducing the operational risk of how humans interface with technology systems in industries including automotive, aerospace, biofuels, petrochemical, commercial real estate, law enforcement and academia. Chris has been at the intersection of technology and dispute resolution since 2011 with roles including Managing Director of Trokt in Des Moines, Iowa, and as a Venture Partner with VU Venture Partners in San Francisco, California. With Trokt, Chris oversees the development and delivery of technologies that help equitably resolve and avoid disputes ranging from labour relations to construction arbitration, financial compliance to special needs education. As a Venture Partner, Chris evaluates the utility, viability and investability of innovative or unproven technologies as a partner to the FrontierTech evaluation team. Chris serves on numerous startup and non-profit boards, and has led initiatives that include his service as Chairman of the American Bar Association’s Online Dispute Resolution Task Force Working Group One, Co-Chair of the American Bar Association’s Section of Dispute Resolution Technology Committee and as a Fellow of the National Center for Technology and Dispute Resolution. Chris received a Bachelor of Science in Mechanical Engineering from the University of California at Berkeley and a Doctor of Philosophy from the University of Glasgow.
Article

Comments and Content from Virtual International Online Dispute Resolution Forum

1-2 March 2021, Hosted by the National Center for Technology and Dispute Resolution (NCTDR)

Journal International Journal of Online Dispute Resolution, Issue 1 2021
Authors David Allen Larson, Noam Ebner, Jan Martinez e.a.
Abstract

    For the past 20 years, NCTDR has hosted a series of ODR Forums in locations around the world. For 2021, the Forum was held virtually, with live presentation over a web video platform, and recorded presentations available to participants. A full recording of the sessions can be found through http://odr.info/2021-virtual-odr-forum-now-live/. The following items are narrative notes from some of the presentations:

    • David Allen Larson – ODR Accessibility

    • Noam Ebner – Human Touch

    • Jan Martinez & Amy Schmitz – ODR and Innovation

    • Frank Fowlie – Online Sport Dispute Resolution

    • Larry Bridgesmith – AI Introductory Notes

    • Julie Sobowale – AI and Systemic Bias

    • Clare Fowler – DEODRISE

    • Michael Wolf – ODR 2.0 System Design

    • Chris Draper – Algorithmic ODR

    • Zbynek Loebl – Open ODR


David Allen Larson

Noam Ebner

Jan Martinez

Amy Schmitz

Frank Fowlie

Larry Bridgesmith

Julie Sobowale

Clare Fowler

Michael Wolf

Chris Draper

Zbynek Loebl
Article

Access_open Bits and Bytes and Apps – Oh My!

Scary Things in the ODR Forest

Journal International Journal of Online Dispute Resolution, Issue 1 2021
Keywords access to justice, digital divide, Artificial Intelligence, algorithms, Online Dispute Resolution
Authors Daniel Rainey and Larry Bridgesmith
AbstractAuthor's information

    This article addresses three issues related to online dispute resolution (ODR) that offer promise, and may carry risks for those who develop, provide, and use technology to address disputes and confects. The authors offer some principles to guide the use of technology, and some predictions about the future of ODR.


Daniel Rainey
A version of this article will be published in Portuguese as a chapter in Processo Civil e Tecnologia: os impactos da virada tecnologia no mundo, Dierle Nunes, Paulo Lucon and Isadora Werneck, eds., Editora Juspodivm, Salvador/BA–Brazil, forthcoming 2021. Daniel Rainey is, among other things, a principal in Holistic Solutions, Inc., a Fellow of the National Center for Technology and Dispute Resolution (NCTDR), a founding Board Member of the International Council for Online Dispute Resolution (ICODR), Editor-in-Chief of the International Journal of Online Dispute Resolution (IJODR) and a Member of the Self-Represented Litigants Committee of the Access to Justice Commission of the Virginia Supreme Court.

Larry Bridgesmith
Larry Bridgesmith is, among other things, a practicing lawyer, professor of law at Vanderbilt Law School and co-founder of its Program on Law & Innovation, a Fellow of the International Association of Mediators, co-founder of LegalAlignment LLC, AccelerateInsite LLC and Lifefilz Inc., co-founder of the International Institute of Legal Project Management and Chair of the Tennessee Supreme Court Alternative Dispute Resolution Commission.
Article

What’s Good for ODR?

AI or AI

Journal International Journal of Online Dispute Resolution, Issue 1 2021
Keywords Augmented Intelligence, Artificial Intelligence, algorithms, ODR
Authors Graham Ross
AbstractAuthor's information

    Whilst the coronavirus epidemic saw mediators turn to web conferencing in numbers to ensure mediations continued to take place, it is believed that the rate at which individual mediators, as opposed to organizations handling volumes of disputes, began to use online dispute resolution (ODR)-specific tools and platforms remained comparatively slow. Mediators may have felt that, in using web conferencing, they had made the move to ODR. Another hurdle standing in the way of generating confidence in ODR-specific tools is that exciting developments used the less were powered by artificial intelligence (AI) and yet mention of AI and algorithms would create its own barrier, in no small part due to examples of shortcomings with AI and algorithms outside of ODR. The writer feels that the future lies in developments in ODR that benefit from AI. However that is less the traditional meaning of the acronym being Artificial Intelligence but more as Augmented Intelligence. The paper explains the difference with Artificial Intelligence leaving the machine in control whilst Augmented Intelligence retains control and decision-making with the human but assisted by the machine to a degree or in a format not possible by the human alone. The paper highlights examples of two ODR systems applying Augmented Intelligence.


Graham Ross
Graham Ross is a UK lawyer and mediator with over 20 years of experience in IT and the law. Graham is the author of lthe original QUILL egal application software (accounts and time recording) and the founder of LAWTEL, the popular webbased legal information update service. Graham co-founded the first ODR service in the UK, WeCanSettle, designing the blind bidding software at the heart of the system. Graham subsequently founded TheMediationRoom.com, for whom he designed their online mediation platform. Graham speaks regularly at international conferences on the application of technology to ADR. Graham was host of the 5th International Conference on Online Dispute Resolution held in Liverpool, UK, in 2007 and has organised two other ODR conferences. Graham was a member of the EMCOD project which created a tool for the European Union for the measurement of justice through ODR. Graham was a member of the UK Civil Justice Council’s Advisory Group on Online Dispute Resolution, whose recommendations led to the creation of an online court for small claims. Graham is a Board Member of ICODR. Graham is also a leading trainer in ODR having created the accredited distance training course at www.ODRtraining.com.
Article

Why an atmosphere of transhumanism undermines green restorative justice concepts and tenets

Journal The International Journal of Restorative Justice, Issue 1 2021
Keywords green restorative justice, transhumanism, technological progress, animals, bioethics
Authors Gema Varona
AbstractAuthor's information

    Arising from the notions of green criminology and green victimology, green restorative justice can be defined as a restorative justice focused on environmental harm. Harm in this case is understood as criminalised and non-criminalised, and as individual and collective behaviours damaging the ecosystems and the existence of human and non-human beings. Impacts of environmental harm affect health, economic, social and cultural dimensions, and will be experienced in the short, medium and long term. Within this framework, after linking restorative justice to green criminology and green victimology, I will argue that the current weight of the cultural and social movement of transhumanism constitutes an obstacle to the development of restorative justice in this field. The reason is that it fosters individual narcissism, together with the idea of an absence of limits in what is considered technological progress. This progress is seen as inevitable and good per se, and promotes the perception of a lack of social and moral accountability. This reasoning will lead to some final reflections on how restorative justice has to constantly reinvent itself in order to keep creating a critical and inclusive justice of ‘otherness’. By doing so, restorative justice must join the current interdisciplinary conversation on biopolitics and bioethics.


Gema Varona
Gema Varona is a Senior Researcher at the Basque Institute of Criminology, University of the Basque Country, Donostia/San Sebastián, Spain. Contact author: gemmamaria.varona@ehu.eus.
Article

Access_open COVID-19-Related Sanitary Crisis and Derogations under Article 15 of the Convention

Considerations in Estonia

Journal East European Yearbook on Human Rights, Issue 1 2020
Keywords human rights, emergency situation, COVID-19 and sanitary crisis, Article 15 of the European Convention on Human Rights, European Court of Human Rights (the ECtHR), Estonia
Authors Maris Kuurberg
AbstractAuthor's information

    During the COVID-19 pandemic, Estonia was one of the states that decided to inform the Secretary General of the Council of Europe of the health-related emergency situation in Estonia and noted, with reference to Article 15 of the European Convention on Human Rights, that some emergency measures may involve a derogation from certain obligations under the Convention. The Government’s considerations proceeded from the unprecedented scale of the sanitary crisis and the scope of extraordinary measures taken to tackle it. Importance was attached to the fact that the Court has never before assessed health-related exceptions allowed in some of the articles of the Convention in a situation which affects the whole nation – not to mention the articles of the Convention which do not set out any exceptions at all. Article 15 of the Convention, on the other hand, is designed to be applicable in public emergency situations threatening the life of the nation.


Maris Kuurberg
Maris Kuurberg (mag.iur.) has been the Estonian Government Agent before the European Court of Human Rights since 2008 (the views expressed are solely those of the author). She works in the Ministry of Foreign Affairs. She is also a member of the Bureau of the Council of Europe’s Steering Committee for Human Rights, as well as a member of the same steering committee and a member of the Committee of Experts on the System of the European Convention on Human Rights. Since 1999, she has been a member of the Estonian Bar Association but her activity as an Attorney at Law is suspended since she joined the Ministry of Foreign Affairs.
Article

Increased Uptake of Surveillance Technologies During COVID-19

Implications for Democracies in the Global South

Journal European Journal of Law Reform, Issue 4 2020
Keywords surveillance technology, platform economy, COVID-19, democracy, global south, belt and road initiative
Authors Alex Read
AbstractAuthor's information

    Social change and introduction of new technologies have historically followed crises such as pandemics, and COVID-19 has seen increasing public tracking through the use of digital surveillance technology. While surveillance technology is a key tool for enhancing virus preparedness and reducing societal risks, the speed of uptake is likely to raise ethical questions where citizens are monitored and personal data is collected. COVID-19 has occurred during a period of democratic decline, and the predominant surveillance-based business model of the ‘platform economy’, together with the development and export of artificial intelligence (AI)-powered surveillance tools, carries particular risks for democratic development in the countries of the Global South. Increased use of surveillance technology has implications for human rights and can undermine the individual privacy required for democracies to flourish. Responses to these threats must come from new regulatory regimes and innovations within democracies and a renewed international approach to the threats across democracies of the Global North and South.


Alex Read
Alex Read, democratic governance consultant for organisations including UNDP, Inter-Parliamentary Union, Westminster Foundation for Democracy.
Article

Towards Online Dispute Resolution-Led Justice in China

Journal International Journal of Online Dispute Resolution, Issue 2 2020
Keywords Online Dispute Resolution, smart court, internet court, access to justice, China
Authors Carrie Shu Shang and Wenli Guo
AbstractAuthor's information

    The use of online dispute resolution (ODR) in courts is a growing topic of interest. By focusing on the recent development of ODR-connected smart courts in China, this article explores ODR’s potential impact on Chinese legal systems from three aspects: role of courts and the legal profession, due process rights, and information safety. By focusing on changing dispute resolution theories – from emphasizing on conflict resolution to dispute prevention – the article argues that ODR-led court reforms rose to the centre because the reform caters to specific purposes of the recent series of reforms conducted under the auspices of the Rule of Law campaign, by prioritizing efficiency goals and attempting to enhance individualist justice experiences. In this article, we define the meaning of ODR in China and describe and categorize ODR technologies that are currently in use in China. Based on these general findings and promising technological options of ODR, we also recommend ways to better implement ODR in Chinese courts to take full advantage of technological advancements.


Carrie Shu Shang
Carrie Shu Shang, Assistant Professor, Coordinator, Business Law program, California State Polytechnic University, Pomona,

Wenli Guo
Wenli Guo, Ph.D., Assistant President, Beiming Software Co. Ltd., President, Internet Nomocracy Institute of Beiming Software Co. Ltd.,
Article

Smart Contracts and Smart Dispute Resolution

Just Hype or a Real Game Changer?

Journal International Journal of Online Dispute Resolution, Issue 2 2020
Keywords smart contracts, blockchain, arbitration, dispute resolution, contract law, distributed ledger technology, internet of things, cyber law, technology, innovation
Authors Mangal Chauhan
AbstractAuthor's information

    This article explains the functioning of smart contracts and technology underlying blockchain. This contribution aims to compare smart contracts with traditional contracts and discuss their situation under the present contract law. It further discusses possible issues that may arise out of the application of smart contracts, for instance, coding errors and programming defects. It studies the possible application of smart contracts to specific fields, such as e-commerce and consumer transactions and possible disputes arising out of this application. It divides the smart contracts into categories based on their form and discusses legal issues in regard to their application.
    Against the common perception that smart contracts will replace the judicial enforcement of traditional contracts, it argues that smart contracts will not replace the system but are rather another form of contracts to be governed by it. In fact, the interplay of smart contracts and contractual law creates possible legal issues as to their validity, recognition and enforcement. It provides possible solutions as to the legal issues arising out of the application of smart contracts under present contract law. The study concludes that a robust and ‘smart’ dispute resolution mechanism is required for dealing with disputes arising out of the application of new technology. Online or blockchain arbitration and other online dispute resolution mechanisms are argued to be better suited to dealing with such disputes.


Mangal Chauhan
Mangal Chauhan is Risk Analyst (Global Entity Management) at TMF Group, Amsterdam, Netherlands. Master of Laws (LL.M.) in Comparative and International Dispute Resolution from Queen Mary University of London, United Kingdom.
Article

Artificial Intelligence in the Courtroom

Increasing or Decreasing Access to Justice?

Journal International Journal of Online Dispute Resolution, Issue 1 2020
Keywords artificial intelligence, robojudge, separation of powers, algorithm, due proces
Authors Analisa Morrison
AbstractAuthor's information

    Jurisdictions around the world are experimenting with the use of artificially intelligent systems to help them adjudicate cases. With heavily overloaded dockets and cases that go on for years, many courts in the U.S. are eager to follow suit. However, American authorities should be slow to substitute human judges with automated entities. The uniqueness of the U.S. Constitution has demands that artificially intelligent “judges” may not be able to meet, starting with a machine’s lack of what may be called “true intelligence”. Philosopher John Searle wrote about the distinction between true intelligence and artificial intelligence in his famous “Chinese Room” analogy, which is applicable to the discussion of artificial intelligence in the courtroom. Former Navy Reserves officer, robotics engineer, and current patent lawyer Bob Lambrechts analyzed the idea of robots in court in his article, May It Please the Algorithm. Other scholars have started to explore it, too, but the idea of robots as judges remains a vast legal frontier that ought to be excavated thoroughly before it is inhabited by the American legal system.


Analisa Morrison
Juris Doctor Candidate, 2021, University of the Pacific, McGeorge School of Law
Article

Access_open De blinde vlek in praktijk en discussie rond orgaandonatie

Journal Netherlands Journal of Legal Philosophy, Issue 1 2020
Keywords organ donation, ethics of organ donation, symbolic nature of the human body, ethics and ritual, symbolic legislation theory
Authors Herman De Dijn
AbstractAuthor's information

    In countries like Belgium and The Netherlands, there seems to be overwhelming public acceptance of transplantation and organ donation. Yet, paradoxically, part of the public refuses post-mortal donation of their own organs or of those of family members. It is customary within the transplantation context to accept the refusal of organ donation by family members “in order to accommodate their feelings”. I argue that this attitude does not take seriously what is really behind the refusal of donation by (at least some) family members. My hypothesis is that even in very secularized societies, this refusal is determined by cultural-symbolic attitudes vis-à-vis the (dead) human body (and some of its parts). The blind spot for this reality, both in the practice of and discussions around organ donation, prevents understanding of what is producing the paradox mentioned.


Herman De Dijn
Herman De Dijn is emeritus hoogleraar wijsbegeerte aan de KU Leuven.

John Braithwaite
John Braithwaite is an Emeritus Professor, Australian National University, Canberra, Australia.
Article

Gender Neutrality in EU Legislative Drafting

Journal European Journal of Law Reform, Issue 1 2020
Keywords legislative drafting, EU legislation, EU treaties, multilingualism, gender neutrality
Authors William Robinson
AbstractAuthor's information

    In the English-speaking world the issue of gender-neutral drafting in legislation has been a much discussed topic for many years, and there are few legislative drafting manuals in the English-speaking world that do not address the issue.
    The EU and its institutions also attach great importance to gender issues, as is shown by the solemn commitments in EU texts to gender equality, by the establishment at the EU level of bodies or committees to focus on those issues, and by the EU actions and policies that seek to address them. But the issue of gender-neutral drafting in legislation is not even mentioned in the guidance drawn up by the legislative drafting experts of the EU institutions.
    This contribution, therefore, looks at how gender issues are dealt with in practice in the EU Treaties and in EU legislation. It finds signs of a traditional approach that is beginning to evolve but only slowly and somewhat unevenly.
    The contribution considers some of the reasons behind the approach taken by the EU institutions to gender neutrality in drafting and the impact of the important EU principles of multilingualism and multiculturalism before seeking to draw some conclusions.


William Robinson
Associate Research Fellow at the Institute of Advanced Legal Studies in London; formerly a coordinator in the Quality of Legislation Team of the European Commission Legal Service.
Article

Access_open On the Eve of Web-Harvesting and Web-Archiving for Libraries in Greece

Journal Erasmus Law Review, Issue 2 2019
Keywords web harvesting, data analysis, text & data mining, TDM: Proposal EU Copyright Directive
Authors Maria Bottis, Marinos Papadopoulos, Christos Zampakolas e.a.
AbstractAuthor's information

    This conference paper submitted on the occasion of the 8th International Conference on Information Law and Ethics (University of Antwerp, December 13-14, 2018) that focused on modern intellectual property governance and openness in Europe elaborates upon the Text and Data Mining (TDM) issue in the field of scientific research, which is still-by the time of composition of this paper-in the process of discussion and forthcoming voting before the European Parliament in the form of provision(s) included in a new Directive on Copyright in the Digital Single Market. TDM is included in the proposal for a Directive of the European parliament and of the Council on copyright in the Digital Single Market-Proposal COM(2016)593 final 2016/0280(COD) that was submitted to the European Parliament.


Maria Bottis
Associate Professor, Department of Archives, Library Science and Museology, Ionian University, Corfu, Greece.

Marinos Papadopoulos
Attorney-at-Law, Independent Researcher, PhD, MSc, JD, Athens, Greece.

Christos Zampakolas
Archivist/Librarian, Independent Researcher, PhD, MA, BA, Ioannina, Greece.

Paraskevi Ganatsiou
Educator, MA, BA, Prefecture of Ionian Islands, Corfu, Greece.
Article

Access_open Access and Reuse of Machine-Generated Data for Scientific Research

Journal Erasmus Law Review, Issue 2 2019
Keywords machine-generated data, Internet of Things, scientific research, personal data, GDPR
Authors Alexandra Giannopoulou
AbstractAuthor's information

    Data driven innovation holds the potential in transforming current business and knowledge discovery models. For this reason, data sharing has become one of the central points of interest for the European Commission towards the creation of a Digital Single Market. The value of automatically generated data, which are collected by Internet-connected objects (IoT), is increasing: from smart houses to wearables, machine-generated data hold significant potential for growth, learning, and problem solving. Facilitating researchers in order to provide access to these types of data implies not only the articulation of existing legal obstacles and of proposed legal solutions but also the understanding of the incentives that motivate the sharing of the data in question. What are the legal tools that researchers can use to gain access and reuse rights in the context of their research?


Alexandra Giannopoulou
Institute for Information Law (IViR) – University of Amsterdam.
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