Reconceptualising Fiduciary Regulation in Actual Conflicts
In: Melbourne University Law Review, Band 45, Heft 1
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In: Melbourne University Law Review, Band 45, Heft 1
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The growing importance of artificial intelligence (AI) and big data in modern society, and the potential for their misuse as a tool for irresponsible profit call for a constructive conversation on how the law should direct the development and use of technology. This collection of chapters, drawn from the Conference on 'AI and Commercial Law: Reimagining Trust, Governance, and Private Law Rules', examines the interconnected themes of AI, data protection and governance, and the disruption to or innovation in private law principles. This collection makes two contributions. First, it shows that private law is a crucial sphere within which that conversation takes place. To borrow from the extra-judicial comments of Justice Cuéllar of the Supreme Court of California, private law 'provides a kind of first-draft regulatory framework – however imperfect – for managing new technologies ranging from aviation to email'. As this collection demonstrates, private law furnishes a first-draft regulatory framework by directly applying or gently extending existing private law theory, concepts and doctrines to new technological phenomena and, more markedly at times, by creating new principles or inspiring a new regulatory concept. This is not to say that private law is superior to or replaces legislation. This collection asks that we consider more deeply the potential and limits of private law regulation of AI and data use, as well as its co-existence and interface with legislations.
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Asian philanthropy has tremendous potential for growth. Even as the population of ultra-rich individuals in Asia continues to expand, studies indicate that Asian philanthropists have the capacity to give a lot more. The key to tapping into the massive potential for Asian giving and catalysing sustainable and impactful philanthropy in Asia, is to understand the Asian way of giving and embrace strategic institutional and industry innovation.Our paper proposes three strategic directions to expand access to philanthropy: encouraging giving beyond one's home and religious causes; encouraging everyone to give regardless of the size of the gift; and encouraging formal giving.Strong support from governments and industry is crucial to helping Asian philanthropy reach its potential. Various technological and legal developments have been proven to successfully catalyse and support giving, while online charity platforms and crowdfunding have greatly improved the range and impact of charitable campaigns, and legal structures such as donor-advised funds facilitate effective giving while minimising administrative costs. Crucially, such measures lower the barriers to giving and make it more accessible to the average person. The dream is to achieve democratised philanthropy, where everyone—and not just the ultra-rich— is motivated and enabled to give.The question that remains to be answered is that if Asians are more prone to giving and large Asian benefactors have long existed, is there a platform and structure which is able to cater to their needs for cross jurisdictional giving? Further, where can these structures reside and can the digital revolution assist in facilitating this noble intention?
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In: https://www.repository.cam.ac.uk/handle/1810/248556
This is the final version. It was first published by Linköping University Electronic Press at http://www.ep.liu.se/ecp_article/index.en.aspx?issue=067;article=030. ; The need to develop systems that comprise medical equipment and services to improve healthcare service efficiency and availability has become a pertinent concern in developed countries, as governments continue to focus on controlling healthcare expenditure. This research intends to explore value co-creation with multiple stakeholders at early stage new product-service system (PSS) development in regulated industries such as the medical equipment industry. This paper identifies the literature gap of stakeholder involvement in the process of new PSS development and compares the identified gap with the experience of industry practitioners. The fields relevant to the research focus are described and the characteristics of a new PSS are proposed as the basis of the research. This paper concludes with an initial proposition, that there is a need for an holistic approach to new PSS development and to have early multiple stakeholder input.
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In: Singapore Management University School of Law 2020
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Working paper