E-Commerce Regulation: Necessity, Futility, Disconnect
Existing e-commerce regulations constitute a premature and unnecessary interference in the natural evolution of commercial practices and technologies. I question not just their quality, mainly attributable to the technological ignorance of the regulator, but their very necessity. I observe the practical futility of drafting effective regulatory instruments in areas subject to continuous and unpredictable technological change. I criticize the overly homogenous approach to “everything Internet” (i.e. everything involving the Internet requires new law) as well as the creation of new regulatory spheres and legal categories. Some might claim that it is too early for a critical retrospective of this subject. Despite its relative “youth,” however, the “law of e-commerce” has developed a set of orthodox approaches. It is therefore not too early to present some heterodox views, especially given the largely unsuccessful regulatory activity in the European Union. Not just technologies but also theories about the Internet can become obsolete within a short period of time and should therefore be subject to constant revision.
Looking to the future: The DTI consultation paper on "building confidence in electronic commerce"
Abstract On 5 March 1999, the UK Department of Trade and Industry (DTI) issued a consultation paper on the development of E-commerce in the UK, with the aim of setting a basis for the introduction of a Bill on Electronic Commerce during the current Parliamentary session. This paper considers the proposals put forward by the DTI in the light of the positions adopted by ( inter alia ) the European Union and the United States, and considers what form the eventual Bill could (or should) take.
Within and Inter-Institutional Differences Between Death Certifiers on Autopsy Conclusions
This study seeks to establish whether medico-legal practitioners differ in their autopsy conclusions within and across medico-legal institutions. Data include 459 violent deaths (homicides, suicides, and accidents) autopsy reports written by more than 20 death certifiers from four medico-legal institutions in two countries (France and the United States). Multinomial models show that compared with accidental deaths, weapon use and decedents’ characteristics both influence a homicide verdict, but not a suicide one. In addition, French practitioners are more likely than Americans to reach a conclusion of homicide or suicide compared with accident, and homicides are more likely to be certified by male practitioners.