Research Handbook on the Law of Artificial Intelligence
Current and Future Directions
2nd Edition
Published on 27. June 2025
Book
Hardback
796 pages
978-1-0353-1648-9 (ISBN)
Description
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.
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.
More details
Edition
2nd edition
Language
English
Place of publication
Cheltenham
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 244 mm
Width: 169 mm
ISBN-13
978-1-0353-1648-9 (9781035316489)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Previous edition
Woodrow Barfield | Ugo Pagallo
Research Handbook on the Law of Artificial Intelligence
Book
12/2018
Edward Elgar Publishing
€413.68
Shipment within 10-20 days
Persons
Edited by Woodrow (Woody)Barfield, has served as Professor of Engineering and has been a senior editor or associate editor of several journals in engineering and law and Ugo Pagallo, Full Professor of Jurisprudence and Legal Informatics, Department of Law, University of Turin, Italy
Content
Contents
List of contributors viii
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 57
Ugo Pagallo
5 Compliance, Regtech, and smart legal ecosystems: a methodology for
legal governance validation 73
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 275
Emile Loza de Siles
15 A blueprint for auditing generative AI 307
Jakob Moekander, 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 329
Elina Nerantzi and Giovanni Sartor
17 Criminal law enforcement through AI 349
Serena Quattrocolo
18 Artificial intelligence as evidence 373
Daniel Seng
19 Artificial intention, unintended contracts 402
Eliza Mik
20 Contract law and advances in artificial intelligence 425
John Linarelli
21 Managing fairness risk of AI in consumer finance 443
David M. Skanderson and Adam H. Gailey
22 Civil liability and artificial intelligence: challenges, policy options and
legal responses 467
Teresa Rodriguez 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 489
Nathalie Nevejans
24 Adding to the EU AI Liability Directive: degree of autonomy, chain of
confidence, inherent flaws of indecent induction, and mandatory insurance 541
Ronald P. Loui
25 Consumer law and artificial intelligence 570
Przemyslaw Palka and Agnieszka Jablonowska
PART IV BUSINESS LAW AND INTELLECTUAL PROPERTY RIGHTS
26 A tale of obsession: is autonomous algorithmic collusion the white
whale of competition law? 596
Jerome De Cooman
27 Robots in the boardroom: artificial intelligence and corporate law 614
Florian Moeslein
28 Taxation of artificial intelligence 636
Xavier Oberson
29 When machines create: AI authorship and copyright law 652
Ryan Abbott and Elizabeth Rothman
30 Copyright, fair use, and AI technology development: time to sunset the
"transformative purpose" test 673
S.J. Blodgett-Ford
31 Reorienting patent policy towards responsible AI design 715
Liza Vertinsky
Index 737
List of contributors viii
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 57
Ugo Pagallo
5 Compliance, Regtech, and smart legal ecosystems: a methodology for
legal governance validation 73
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 275
Emile Loza de Siles
15 A blueprint for auditing generative AI 307
Jakob Moekander, 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 329
Elina Nerantzi and Giovanni Sartor
17 Criminal law enforcement through AI 349
Serena Quattrocolo
18 Artificial intelligence as evidence 373
Daniel Seng
19 Artificial intention, unintended contracts 402
Eliza Mik
20 Contract law and advances in artificial intelligence 425
John Linarelli
21 Managing fairness risk of AI in consumer finance 443
David M. Skanderson and Adam H. Gailey
22 Civil liability and artificial intelligence: challenges, policy options and
legal responses 467
Teresa Rodriguez 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 489
Nathalie Nevejans
24 Adding to the EU AI Liability Directive: degree of autonomy, chain of
confidence, inherent flaws of indecent induction, and mandatory insurance 541
Ronald P. Loui
25 Consumer law and artificial intelligence 570
Przemyslaw Palka and Agnieszka Jablonowska
PART IV BUSINESS LAW AND INTELLECTUAL PROPERTY RIGHTS
26 A tale of obsession: is autonomous algorithmic collusion the white
whale of competition law? 596
Jerome De Cooman
27 Robots in the boardroom: artificial intelligence and corporate law 614
Florian Moeslein
28 Taxation of artificial intelligence 636
Xavier Oberson
29 When machines create: AI authorship and copyright law 652
Ryan Abbott and Elizabeth Rothman
30 Copyright, fair use, and AI technology development: time to sunset the
"transformative purpose" test 673
S.J. Blodgett-Ford
31 Reorienting patent policy towards responsible AI design 715
Liza Vertinsky
Index 737