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Research Handbook on the Law of Artificial Intelligence: Current and Future Directions 2nd ed

Edited by: Woodrow Barfield, Ugo Pagallo

ISBN13: 9781035316489
Previous Edition ISBN: 9781786439048
To be Published: June 2025
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £295.00
Paperback edition , ISBN13 9781035308545



This second edition provides a broad range of perspectives on the legal implications of artificial intelligence (AI) across different global jurisdictions. Contributors identify the potential threats that AI poses to the protection of fundamental rights and human wellbeing, anticipating future developments in technological and legal infrastructures.

Providing critical insights into risk-based regulations and governance, leading experts discuss the rapid growth in AI’s computational ability and the implications of its usage in consumer finance, law enforcement, business law and taxation. Chapters examine the rise of artificial creativity, the impact of AI on evidence inspection and criminal accountability, as well as the importance of responsible usage in the ever-changing AI landscape. Covering authorship, patents and copyright law as potential sites for misuse, this Research Handbook challenges notions of consumer autonomy and civil liability relating to damage caused by AI.

This Research Handbook will be an essential reference source for students and scholars interested in AI law and regulation and will greatly benefit practising attorneys and regulators of technology.

Subjects:
IT, Internet and Artificial Intelligence Law
Contents:
Preface xxi

PART I LAW’S GOVERNANCE OF AI'
1. A computational thinking approach for law and artificial intelligence 2'
Woodrow Barfield'
2. Control, influence and manipulation: AI has a power problem 13'
Michael Guihot'
3. AI Bill of Rights and creative lawmaking 36'
John Frank Weaver'
4. Three paradigms in the legal governance of AI: on power, convenience, and prestige 56'
Ugo Pagallo'
5. Compliance, Regtech, and smart legal ecosystems: a methodology for legal governance validation 72'
Pompeu Casanovas, Mustafa Hashmi, Louis de Koker, and Ho-Pun Lam
6. The Japanese perspective of regulation, management, and governance of artificial intelligence 105
Fumio Shimpo'
7. How artificial intelligence will affect the practice of law 122'
Yueh-Hsuan Weng and David Torabi'
8. Three years of evolution in AI law and governance: as the law catches up to AI 148'
Michael Simon and Andrew Pery

PART II THE INTERPLAY BETWEEN AI AND THE LAW'
9. Lawyers are from Mars, data scientists are from Venus: promoting responsible AI on Earth 177'
Hofit Wasserman-Rozen and Karni Chagal-Feferkorn'
10. The law–machine interface and the changing interplay between artificial intelligence and the law 194'
Peter K. Yu'
11. AI characterisations and their legal implications 213'
Jerrold Soh'
12. False agency in artificial intelligence 232'
Shawn Bayern'
13. Automated law enforcement: perfect vision or dystopia? 250'
Antje von Ungern-Sternberg'
14. Disaggregating artificial intelligence biases: a law and systems engineering approach for AI governance and regulation 274'
Emile Loza de Siles'
15. A blueprint for auditing generative AI 306'
Jakob Mökander, Justin Curl, and Mihir Kshirsagar

PART III CRIMES, CONTRACTS, AND TORTS'
16. Crimes without criminals: in search of criminal liability for harms caused by AI systems 328'
Elina Nerantzi and Giovanni Sartor'
17. Criminal law enforcement through AI 348'
Serena Quattrocolo'
18. Artificial intelligence as evidence 372'
Daniel Seng'
19. Artificial intention, unintended contracts 401'
Eliza Mik'
20. Contract law and advances in artificial intelligence 424'
John Linarelli'
21. Managing fairness risk of AI in consumer finance 442'
David M. Skanderson and Adam H. Gailey'
22. Civil liability and artificial intelligence: challenges, policy options and'
legal responses 466'
Teresa Rodríguez de las Heras Ballell'
23. European Union’s Regulation on the placing on the market and use of'
AI systems: a critical overview of the AI Act 487'
Nathalie Nevejans'
24. Adding to the EU AI Liability Directive: degree of autonomy, chain of'
confidence, inherent flaws of indecent induction, and mandatory insurance 540'
Ronald P. Loui'
25. Consumer law and artificial intelligence 569'
Przemysław Pałka and Agnieszka Jabłonowska

PART IV BUSINESS LAW AND INTELLECTUAL PROPERTY RIGHTS'
26. A tale of obsession: is autonomous algorithmic collusion the white'
whale of competition law? 595'
Jerome de Cooman'
27. Robots in the boardroom: artificial intelligence and corporate law 613'
Florian Möslein'
28. Taxation of artificial intelligence 635'
Xavier Oberson'
29. When machines create: AI authorship and copyright law 651
Ryan Abbott and Elizabeth Rothman'
30. Copyright, fair use and AI technology development: time to sunset the “transformative purpose” test 672'
S.J. Blodgett-Ford'
31. Reorienting patent policy towards responsible AI design 714'
Liza Vertinsky