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  • J Rowbottom, 'Government Speech and Public Opinion: Democracy by the Bootstraps' (2017) 25 The Journal of Political Philosophy 22
    DOI: 10.1111/jopp.12101
    This article considers the relationship between government speech and the idea that a democratic government should be responsive to public opinion. In particular, it considers the problems that can arise when state resources are used to influence public opinion. Such attempts to influence can potentially reverse the relationship between government and the people, which is central to democratic legitimacy. At the same time, government communications are an important tool in implementing policies. There is also a role for government officials to lead public opinion. The discussion provides a framework to analyze these issues and identify the types of communication that can challenge the democratic ideal of responsive government.
    ISBN: 0963-8016
  • Maurice Stucke and AE Ezrachi, 'How Digital Assistants Can Harm Our Economy, Privacy and Democracy' (2017) Berkeley Tech. L.J.
    “All you need to do is say,” a recent article proclaimed, “‘I want a beer’ and Alexa will oblige. The future is now.” Advances in technology have seemingly increased consumers’ choices and opened markets to competition. As sales migrate from brick–and–mortar shops to online sites, consumers seemingly are getting more of what they desire, including better prices and quality. And yet, looking beyond the ease of online shopping, several emerging threats arise, including algorithmic collusion, behavioral discrimination and abuses by dominant super–platforms. Thus, a more complex reality exists. To see why, this Article examines the emerging frontier of personal digital assistants. These helpers are being developed by the leading online platforms: Google Assistant, Apple’s Siri, Facebook’s M, and Amazon’s Alexa–powered Echo. These super–platforms are heavily investing to improve their digital assistant offerings. We show how network effects, big data and big analytics will likely undermine attempts to curtail the digital assistant’s power, and will likely allow it to operate below the regulatory and antitrust radar screens. As a result, rather than advance overall welfare, these digital assistants—if left to their own devices—can undermine our collective welfare. But the harm is not just economic. The potential anticompetitive consequences from these assistants will likely take a toll on privacy, well–being and democracy. For those who grew up watching The Jetsons, the prospect of a personal helper might seem marvelous. Many already rely on Google’s search engine to find relevant results, Facebook to identify relevant news stories, Amazon for book recommendations, and Siri to place phone calls, send text messages, and find a good restaurant nearby. Many also already benefit from basic digital assistants. Apple iPhones users may instruct Siri to call their family members on speakerphone. Siri can “predict” what app users might want to use, which music they would like to listen to. Navigation apps can anticipate where the individual is heading throughout the day and provide traffic updates and time estimates. Even one’s favorite coffee outlet may send a notification and prepare the loyalty card on one’s device whenever one is near an outlet. Now personal digital assistants—or “digital assistants”—are seeking to interact with users in a human–like way. With its increasing sophistication, a digital assistant promises to transform how individuals access information, communicate, shop, are entertained, control smart household appliances, and raise their children. The digital assistant will also undertake mundane tasks and free our time. Amazon’s voice recognition personal assistant, Alexa, for example, can already perform many tasks. Alexa can shop for its users (knowing everything its user previously bought through Amazon); plan one’s mornings, including accounting for upcoming meetings, traffic, and weather; entertain one with music; suggest movies, shows, or audiobooks; and control one’s house’s smart appliances. In 2016, Google showed a video of a suburban family undergoing its morning wakeup routine: “The dad made French press coffee while telling Google to turn on the lights and start playing music in his kids’ rooms. The mom asked if ‘my package’ had shipped. It did, Google said. The daughter asked for help with her Spanish homework.” As the digital assistant—powered by sophisticated algorithms—learns more about its users, their routine, desires, and communications, it can excel in its role. In a human–like manner, it can be funny—at just the appropriate level—and trustworthy. These digital assistants can provide more than information and services; they can anticipate one’s needs and requests. After all, being privy to so many of its users’ activities, the assistant will become their digital shadow. As Alphabet’s CEO noted, “[y]our phone should proactively bring up the right documents, schedule and map your meetings, let people know if you are late, suggest responses to messages, handle your payments and expenses, etc.” The digital assistant, with their users’ trust and consent, will likely become the key gateway to the World Wide Web. Consumers will happily relinquish other less personal and useful interfaces, and increasingly rely on their digital assistant to anticipate and fulfill their needs. With this unique position of power, the digital assistant will act as a gatekeeper in a multi–sided market. And yet, despite their promise, can digital assistants actually reduce one’s welfare? Might their rise reduce the number of gateways to the digital world, increase a few firms’ market power, and limit competition? And if so, what are the potential social, political, and economic concerns? Our Article seeks to address these questions. Part II discusses the current race among Google, Apple, and Amazon to control as many aspects of the online interface and reap the associated benefits. The stakes are high, given several data–driven network effects, that will likely lead to one or two digital assistants that primarily undertake most people’s tasks and make the majority of decisions. So what are the implications of this winner–take–all contest to be the chief digital assistant? Part III considers the toll a dominant digital assistant can have on competition, democracy, and privacy. Given these risks, one would expect and hope for a “virtuous assistant”—a class of independent assistants, developed by independent firms with the users’ personal interests paramount. Part IV identifies several factors that favor one of the four super-platforms (Google, Apple, Amazon, and Facebook) capturing the digital assistant market, and disfavoring the independent virtuous assistant. As market forces will not necessarily prevent and correct the harms we identify, Part V outlines several issues and challenges confronting antitrust enforcers. Part VI concludes.
  • H Eidenmüller, 'How to Negotiate a Successful Brexit' in J Armour and H Eidenmuller (eds), Negotiating Brexit (Hart 2017)
  • E Fisher, 'Imagining Technology and Environmental Law' in Roger Brownsword, Eloise Scotford, and Karen Yeung (eds), Oxford Handbook of Law, Regulation and Technology (OUP 2017)
    ISBN: 9780199680832
  • P P Craig, 'Judicial Power, the Judicial Power Project and the UK' (2017) University of Queensland Law Journal 355
  • P P Craig, 'Judicial Review of Questions of Law: A Comparative Perspective ' in S Rose-Ackerman and P Lindseth (eds), Comparative Administrative Law (Edward Elgar 2017)
  • TAO Endicott, 'Lawful Power' (2017) 15 New Zealand Journal of Public and International Law 1
  • TAO Endicott, 'Lord Reed's Dissent in Gina Miller's Case and the Principles of our Constitution' (2017) 8 UK Supreme Court Yearbook 259
    Lord Reed’s convincing dissent in R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 shows that the majority decision belongs to a long tradition of landmarks in constitutional adjudication (including the Case of Proclamations (1611) 12 Co Rep 74) for which there was no legal authority. I argue that such decisions are best understood as exercises of a judicial constituent power – that is, a power to make new constitutional rules. And then, the problem with the majority reasons in Miller is not that there was no legal authority for what the Court decided; it is that the novel decision depended on the idea that there was a constitutional need, in the interests of responsible government, for the judges to require legislation to authorize the triggering of art 50 of the Treaty of European Union. As Lord Reed implied and as Lord Carnwath explained, there was no such need.
    ISBN: 9781911250166
  • P P Craig, 'Miller, Structural Constitutional Review and the Limits of Prerogative Power' (2017) Public Law 48
  • P P Craig, 'Miller, the Legislature and the Executive ' in M Sunkin and S Juss (eds), Landmark Cases in Public Law (Hart Publishing 2017)
  • H Eidenmüller, 'Negotiating and Mediating Brexit' (2017) 2016 Pepperdine Law Review 39
  • JA Armour and Horst Eidenmueller (eds), Negotiating Brexit (Beck/Hart 2017)
    Brexit is on its way. By mid 2019, the UK will no longer be a member of the European Union and its new relationship with the EU will be have taken shape. Getting to that point will involve complex negotiations untangling legal, economic and political issues. This volume brings together leading commentators to examine three crucial questions on the risk, the negotiating framework and the process.
    ISBN: 9781509919987
  • H Eidenmüller (ed), Negotiating Brexit (Hart 2017)
  • R Ekins, 'Objects of Interpretation' (2017) 32 Constitutional Commentary 1
  • H Eidenmüller, 'Online Dispute Resolution (ODR) und Consumer ADR: Ein Plädoyer für die Online-Verbraucher(schieds)gerichtsbarkeit' in (ed), Bitburger Gespräche – Jahrbuch 2016: Schiedsgerichtsbarkeit und private Justiz: Rechtspolitische Herausforderungen (C H Beck 2017)
  • R Widdershoven and P P Craig, 'Pertinent Issues of Judicial Accountability in EU Shared Enforcement ' in M Scholten and M Luchtmann (eds), Law Enforcement by EU Authorities, Implications for Political and Judicial Accountability (Edward Elgar 2017)
  • S R Weatherill, Principles and Practice in EU Sports Law (Oxford University Press 2017)
    ISBN: 978-0-19-879365-6
  • P P Craig, 'Process: Brexit and the Anatomy of Article 50 ' in F Fabbrini (ed), The Law & Politics of Brexit (Oxford University Press 2017)