| 11. |
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| 12. |
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| 13. |
- Hedderich, Dennis M, et al.
(författare)
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Artificial intelligence tools in clinical neuroradiology : essential medico-legal aspects
- 2023
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Ingår i: Neuroradiology. - : Springer. - 0028-3940 .- 1432-1920. ; 65, s. 1091-1099
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Forskningsöversikt (refereegranskat)abstract
- Commercial software based on artificial intelligence (AI) is entering clinical practice in neuroradiology. Consequently, medico-legal aspects of using Software as a Medical Device (SaMD) become increasingly important. These medico-legal issues warrant an interdisciplinary approach and may affect the way we work in daily practice. In this article, we seek to address three major topics: medical malpractice liability, regulation of AI-based medical devices, and privacy protection in shared medical imaging data, thereby focusing on the legal frameworks of the European Union and the USA. As many of the presented concepts are very complex and, in part, remain yet unsolved, this article is not meant to be comprehensive but rather thought-provoking. The goal is to engage clinical neuroradiologists in the debate and equip them to actively shape these topics in the future.
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| 14. |
- Hilling, Axel, et al.
(författare)
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The Pricing of Financial Instruments in Tax Disputes
- 2019
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Ingår i: Derivatives & Financial Instruments. - 1389-1863. ; 21:2
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Forskningsöversikt (övrigt vetenskapligt/konstnärligt)abstract
- The pricing of uncertainties, when establishing the market value of financial instruments, is problematic in tax litigation since the outcome of the litigation is binary. Different values can be equally correct, depending on the choice of models, assumptions regarding model parameters and forecasting techniques. The purpose of this article is to illustrate the challenges for tax administrations and courts in terms of the need and ability to price uncertainties in the market valuation of financial instruments. The authors illustrate the complexities with a case based on a publicly traded instrument, which gives a lower limit of the uncertainty associated with valuation. The authors then problematize the valuation of over-the-counter traded and non-publicly traded instruments, which, due to uncertainty, tends to create leeway for tax arbitrage. This illustration shows the necessity to further understand the manner in which courts reason, the dependency on experts and the use of models.
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| 15. |
- Holgersson, Marcus, 1983, et al.
(författare)
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The business of intellectual property: A literature review of IP management research
- 2018
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Ingår i: Stockholm Intellectual Property Law Review. ; 1:1, s. 44-63
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Forskningsöversikt (refereegranskat)abstract
- Today intellectual property (IP) is constituting an increasing share of firms’ resources and IP rights (IPRs) are important sources of competitiveness. Consequently, there is an increasing interest in how to properly manage IP. IP lawyers need to better understand business decisions and business managers need to better understand IP law. These needs are addressed by a growing area of research on IP management in the intersection between IP law and management. This article presents a literature review of the broad field of IP management research, with the aim to provide IP law practitioners, managers, and academics with an overview of what we know about IP management, to guide readers in how/where to learn more, and how to move forward in both research and practice. A general conclusion is that the research is rich and quickly growing, but has too little focus and data on strategic IP management issues. Both research and practice need to adopt a more holistic perspective on IP, including different rights and integrating with strategic decision-making.
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| 16. |
- Kelemen [Capannini-Kelemen], Katalin, Associate Professor, 1980-
(författare)
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Constitutional reasoning : a flourishing field of research in comparative law
- 2019
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Ingår i: International Journal of Constitutional Law. - : Oxford University Press. - 1474-2640 .- 1474-2659. ; 17:4, s. 1336-1344
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Forskningsöversikt (refereegranskat)abstract
- Constitutional reasoning has been a flourishing field of research in comparative constitutional law in the past decade. This essay reviews two books that have made a significant contribution to the field. The success of these books is also shown by the fact that both were reprinted in paperback last year. The first book, as the author András Jakab declares, “provides a theory for constitutional lawyers about fundamental questions of European constitutional law” (at 1). At the same time, it serves as a conceptual foundation for the second book, which is an edited collection on comparative constitutional reasoning, and the final product of a five-year research project, involving twenty-five scholars from four continents who authored the various contributions, each examining one court’s style of constitutional reasoning. András Jakab is among the leaders of this research project (together with Arthur Dyevre and Giulio Itzcovich) and the editors of the second book. The essay will present the two books in this order.
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| 17. |
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| 18. |
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| 19. |
- Linderfalk, Ulf
(författare)
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Navigating the Legal Landscape between the General and the Specific : General Concepts as Tools of Legal Reasoning
- 2017
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Ingår i: International Community Law Review. - : Brill. - 1871-9740 .- 1871-9732. ; 19:2-3, s. 302-323
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Forskningsöversikt (refereegranskat)abstract
- The common practice of using general concepts as tools in legal reasoning is bound to raise questions concerning the relative importance of the general and the specific for the understanding of international law. To illustrate, this article uses two judgments handed down by the icty Trial Chamber. While for both judgments, the Chamber inferred from human rights instruments an alleged general concept of torture, which it then brought to bear on its understanding of the prohibition of torture contained in the laws and customs of war, it used the concept differently. The question that this article asks is whether this difference of approach can possibly be explained so as to reconcile the two judgments. Two mutually exclusive explanations are suggested. As argued, choosing between them presents a dilemma. The first explanation prompts us to accept the occurrence of irreconcilable conflicts between different jus cogens rules. The second explanation commits us to an unacceptably broad understanding of the jus cogens prohibition of torture.
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| 20. |
- Lorenz, Nina Louisa Arold
(författare)
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A Summary : Portraying the Legal Culture and the European Human Rights Culture of the European Court of Human Rights and the European Court of Justice through Interviews
- 2021
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Ingår i: Rechtsgeschichte. - : Max Planck Institute for Legal History and Legal Theory. - 1619-4993. ; 2021:29, s. 175-186
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Forskningsöversikt (refereegranskat)abstract
- To show the impact of interviews for European legal studies, this article summarizes the earlier findings of two books, the first by Arold on the legal culture of the European Court of Human Rights (ECtHR), and the second by Arold Lorenz, Groussot and Petursson on the legal culture of the European Court of Justice (CJEU) and European human rights culture. In doing so, this article draws a portrait of the legal cultures of the two European courts and explains how (and to what extent) differences between European legal cultures brought to the benches of the two courts by their judges (plus for the CJEU: Advocates general) impact cases concerning human rights. This article highlights parts of the methodology employed, i. e. a combination of interviews and case law analysis. The results show that there is no clash of a multitude of individual (legal) cultures at the courts; instead, both have established their own legal cultures that unite their members. Importantly, the legal cultures of the ECtHR and CJEU show some distinctive differences, which are relevant when assessing European human rights culture. Studying European human rights culture, in turn, is key for an assessment of the recent attempt to merge the two systems through the accession of the European Union to the European Convention on Human Rights (ECHR).
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