This book pursues the questions from a broad range of law and economics perspectives. Digital transformation leads to economic and social change, bringing with it both opportunities and risks. This raises questions of the extent to which existent legal frameworks are still sufficient and whether there is a need for new or additional regulation in the affected areas: new demands are made on the law and jurisprudence.
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Part I: Contracts in Digital Markets.- 1. Do Smart Contracts Incur Higher Transaction Costs than Traditional Contracts?.- 2. Digitalization’s Big Promise and Peril: The Personalization of Insurance Contracts and its Legal Consequences.- 3. Law Without Markets.- Part II: Digitalisation and the Covid-19 Pandemic.- 4. Online Commercial Courts and Judicial Efficiency: Evidence from the COVID-19 Pandemic in Poland.- 5. Tax Administration Toward Digitalization in the COVID-19 Environment – Case Study Bosnia and Herzegovina: Law and Economics of e-Tax Administration Data.- Part III: Copyright Law.- 6. Digitalization: On the Way to a New Copyright Architecture?.- 7. A Digital Single Market, First Stop to the Metaverse: Counterlife of Copyright Protection Wanted.- 8. Deepfakes, Copyright & Personality Rights: An Inter-Disciplinary Perspective.- Part IV: Competition Law.- 9. Innovation in High-Tech Mergers: Should Competition Law Bother?.- 10. Innovation as a Competitive Constraint on Online Platforms in European Competition Law: The Industry Life Cycle and Dominant Designs in Digital Markets.- Part V: General and Global Perspectives.- 11. Rules and Nudging as Code: Is This the Future for Legal Drafting Activities?.- 12.Digital Transformation as a Reshaper of Global Trade Law.- 13. Safeguarding Peace and Human Wellbeing for Future Generations – Do We Need a New UN Convention?.- Part VI: Specific Sectors.- 14. Digitalisation of Banking and the Consumer Protection: The Regulation of Unauthorised Payments from the Perspective of Institutional Law and Economics.- 15. Regulation of Digital Agriculture – A Law and Economics Perspective.
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Klaus Mathis is a full professor of Public Law, Law of the Sustainable Economy, and Philosophy of Law at the University of Lucerne. He is the co-founder of the Center for Law and Sustainability (CLS) and the director for the Institute for Research in the Fundaments of Law—lucernaiuris. His particular fields of expertise are Swiss Constitutional Law, Law and Economics, Law of Sustainable Development, and Philosophy of Law.
Avishalom Tor is a professor of Law and the director of the Notre Dame Research Program on Law and Market Behavior (ND LAMB). He is also a global professor of Law, University of Haifa Faculty of Law. His particular fields