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Gago Fernández M: EL ESTADO REPRESENTADO

EL ESTADO REPRESENTADO

Hacia una Teoría General de la Representación Jurídica en la Era Digital

A Methodical Approach

Law and Technology

This book provides a state-of-the art picture of the transformation of the global legal market. The traditional business model of law firms has been upended by new forms of organisation, often (but not exclusively) brought about by technological innovation and the use of technology for the execution of legal activities, which implies the so-called 'servitisation' of the legal market. Such trends raise a broad range of questions of both practical and academic nature, which the book tackles extensively, relying on the competence of a remarkable group of experts, coming from different professional backgrounds and knowledgeable of many different jurisdictions, from Europe to the USA, from Asia to Australia. In particular, the book has three main focuses: 1) a law and economics analysis of today's legal market, combined with a description of how regulatory changes have had an impact on competition in the legal services business, and on the evolution of this industry; 2) a thorough investigation of the impact of technological disruptions on the legal services industry, considering how legal tech companies and artificial intelligence solutions are reshaping the activities of legal professionals and the legal market more broadly; 3) a survey of the "new lawyers" and other new legal professionals, along with a reflection on the reforms needed to align their education with market needs. The book caters to all those interested, professionally or academically, in keeping track of the evolution of the legal services market. Practising lawyers who want to be "future-proof", law students, new specialised legal professionals active in the business and financial sectors, scholars and other researchers (both lawyers and economists) conducting research in the field, as well as anyone engaged in providing legal education, will find in this book extremely valuable insights on current trends and future developments in the legal market.

How Innovation, Legal Tech and AI Have Been Reshaping the Legal Market

Future-Proof Legal Services

This book presents a timely overview of how artificial intelligence (AI) is transforming modern healthcare. Combining legal, ethical and practical viewpoints, it explores the impact of AI on patients, clinicians, healthcare organisations and regulators in the EU, UK and US.It delves into the fundamentals of clinical AI systems, explaining how they function and make decisions. It also addresses practical concerns such as safety, fairness, transparency and patient trust. Drawing on real-world examples, such as AI-assisted diagnosis, clinical decision-support tools and machine-learning programmes in hospitals, this book highlights the challenges of aligning law and policy with rapid technological advancements. Key topics explored include bias in medical algorithms, accountability for automation errors and the importance of patient autonomy and data rights for digitally enabled care.The book will appeal to students, policymakers, practitioners and anyone looking to understand the future law of AI in healthcare.

The Law for AI in Healthcare

This open-access volume examines the evidentiary use of AI in criminal proceedings, questioning whether existing criminal procedure rules are sufficient to address its unique challenges. The widespread use of devices that collect, store, and process data about citizens' behaviour has created new opportunities for criminal justice systems to detect, investigate, and prosecute crime. Law enforcement authorities are no longer limited to searching for information or clues related to reported offences; they increasingly rely on digital investigative techniques to identify individuals, patterns, or data points that may indicate an offence. The shift from retrospective investigations toward more predictive and preventive approaches has been amplified by AI technologies using machine learning and deep neural networks. Within AI's wide presence in the criminal justice system, this volume investigates only the evidentiary use of AI: when law enforcement authorities rely on AI for investigating and prosecuting offences and offer AI's output as evidence to tie the accused to a crime. The focus is on six countries - Germany, France, Luxembourg, the Netherlands, the UK, and the US - offering a comparative look at how each legal system handles AI evidence in criminal proceedings. Can evidence generated or processed by AI be trusted? What protections exist for the accused? The volume provides practical suggestions for law enforcement authorities and lawyers, including safeguards and limits to the use of AI in criminal cases. With the advent of regional and global efforts to regulate AI, this volume also offers solutions for supranational and national policy choices. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the University of Luxembourg.

AI Evidence and Criminal Proceedings

Modern Studies in European Law

This book explores what judges do and how they perceive their roles in the context of growing dissensus over liberal democracy. Focusing on the European landscape, it asks eighteen judges how they perceive their roles when judicial independence and democracy are under pressure. The book features interviews with judges from various EU and non-EU Member States and courts, complemented by a series of academic commentaries discussing the relationship between law and politics in times of dissensus over liberal democracy. Each narrative reveals unique personal experiences and reflections, shedding light on the role of the judiciary and the rule of law in the face of contemporary challenges. While the book engages with these issues through European narratives, its findings contribute to broader debates beyond Europe and the EU.

Insights from European Judges

Dissensus over Liberal Democracy

Timecodes

Point Break, in Bloomsbury's Timecodes Series, is a detailed, minute-by-minute critical exploration of Kathryn Bigelow's 1991 action film Point Break. Moving sequentially through the film's two-hour runtime, the book blends formal analysis, cultural history and theory, action genre study, and personal reflection and interpretation. It positions Point Break as both a quintessential action spectacle and a film layered with thematic tensions: masculinity, spirituality, individual risk, personal freedom, environmental awareness, and the search for one's identity. Each minute of the film is treated as a self-contained unit. The cinematography, editing, sound design, performances, and narrative beats are discussed in relation to broader social contexts including surfing subculture, mid-to-late-20th-century American politics, post-Vietnam War attitudes, and the evolving media images of Keanu Reeves and Patrick Swayze. Drawing on a wide array of sources, such as film theory, cultural criticism, and surf memoirs, the book reframes Point Break as not merely an adrenaline-driven thriller, but as a work rich in symbolism, mythology, homoerotic desires, and philosophical inquiry. This approach reveals how Bigelow crafts a kinetic, expressive cinema where bodies, landscapes, and motion collide, and how the film's characters operate within intersecting personal, cultural, and ideological currents. The result is a hybrid of scholarship and creative writing that reanimates the film by slowing it down, revealing layers of meaning often obscured by its velocity.

Movies Minute by Minute

Point Break

The global challenge to democracy in historical perspective.

A Historical View

Fascism and the Global Far Right

Maritime and Transport Law Library

As the maritime industry undergoes a technological transformation, traditional legal doctrines must evolve to address new challenges. This book explores the legal and operational implications of Maritime Autonomous Surface Ships (MASS) and the increasing reliance on digital systems in modern shipping. While automation and digitalisation enhance efficiency and safety, they also introduce unprecedented cyber risks that threaten global supply chains, financial stability and regulatory compliance. Redefining the concept of seaworthiness by incorporating cyber-worthiness and communication-worthiness, this book ensures that vessels are not only physically fit for sea travel but also resilient against cyber threats and equipped with secure communication systems.By analysing international regulations such as UNCLOS, SOLAS, STCW, and marine insurance frameworks, the book identifies critical legal gaps and proposes necessary updates to align with the digital age. Through a legal and interdisciplinary approach, the book offers practical recommendations for policymakers, insurers and maritime operators. It outlines robust cybersecurity measures, updates to insurance policies and regulatory frameworks that safeguard against evolving cyber threats.Providing maritime lawyers, insurers, shipowners and policymakers with clear guidance on how to navigate legal uncertainties surrounding autonomous vessels, cybersecurity risks and liability issues, the book offers practical solutions for insurance policies, charterparties and contractual clauses, ensuring that risks associated with cyber threats, remote operation and digital failures are adequately addressed. For practitioners, this book solves pressing legal and operational problems. It clarifies how existing maritime regulations (such as UNCLOS, SOLAS, and the ISM Code) apply to autonomous and digitalised ships, identifies gaps in current legal frameworks, and proposes necessary updates to ensure compliance.

Law, Regulation and Practice

Cyber-worthiness in Shipping

'Phillips O'Brien is one of the keenest observers of modern strategy, and his new book takes a deep historical look at the evolution of warfare and its implications for conflicts like the ongoing one in Ukraine' Francis Fukuyama--------------------War and power are two of the most-widely discussed issues in all of human history, and yet they are, time and again, misunderstood - often disastrously so.Whilst we might think the outcome of war is determined by so-called 'Great Powers' who dominate their opponents with their impressive size and military prowess, the reality of modern conflict, as renowned strategic historian Professor Phillips Payson O'Brien demonstrates, is very different. He urges us instead to look for 'Full Spectrum Powers'.For if we are considering how powerful a nation is and who will win a war, we need to think less about weapons, and more about the economies and societies that produce them; less about individual battles, and more about sustaining campaigns and alliances in which states operate.Using fascinating examples from the late 19th century to the present day, War and Power explains how misunderstanding war and power has led to terrible, even preventable conflicts - such as the war in Ukraine - and how more accurate analysis can help us consider the potential conflict between the US and China.War and Power provides a bold new way of understanding the dangerous world around us.--------------------'Phillips O'Brien is always fantastic. Heterodox. He's pretty scathing, even about Biden administration policy . . . A really interesting book' Paul Krugman, Distinguished Professor of Economics'As Phillips O'Brien points out in this important book, the character of war evolves, but some of the underlying truths, particularly from the second World War, are still very much with us.' Eliot Cohen, Professor Emeritus at Johns Hopkins SAIS

Who Wins Wars — and Why

War and Power

From a renowned legal scholar, a new vision of how the judiciary has reconfigured rights and power. Ambitious and erudite, The Power Revolution is a new challenge to conventional wisdom from one of our most prominent constitutional scholars. Philip Hamburger's prior scholarship initiated the current judicial reconsideration of the administrative state. Here, he makes the broader point that the acclaimed rights revolution has been accompanied by a much more substantial power revolution-a vast judicial expansion of government power and a corresponding judicial erosion of rights. The slant toward power goes much further than has been understood, and because it cuts across much of the Constitution, its effects are sobering. It threatens both our freedom and our government. It even undermines the nation's stability. It's therefore important to understand the contemporary realities of unconstitutional power, not just our old constitutional ideals. In observing the judiciary's responsibility for how we are governed now, The Power Revolution calls upon Americans to push back against unconstitutional power and urges the judges to reconsider what they have done. After so much damage to the Constitution, it is time for repair.

What the Judges Have Wrought

The Power Revolution

Solutions to the climate crisis tend to fall into two categories: the hope that humanity will change how it operates in time to offset the worst of the damage, and the hope that technology will pull us back from the brink without the need for major structural or societal reform. This book argues that reliance on technology without such reform risks becoming as divisive as inaction. Those parts of society most responsible for carbon emissions will, largely, be able to take advantage of technological advances to make life bearable, while those least responsible will often be bypassed by them. Focusing on disparities in access, structural barriers, community-based action, intersectionality and policy and legislation, the book makes recommendations aimed at fostering a fairer and more just distribution of the benefits of green technology.

Unveiling the Disparities

Green Technology and Social Injustice

Artificial Intelligence and Blockchain in International Arbitration offers an exhaustive analysis of technology-assisted arbitration across the entire arbitral lifecycle by examining how blockchain and artificial intelligence are used in drafting and concluding arbitral agreements, in the constitution of the tribunal, in the overall procedural management of the case, on evidence and disclosure, on virtual hearings, and even on arbitral award drafting. It delves deeper into the limitations of automation, the non-delegable roles of arbitrators, and the compatibility of digital procedures with core arbitration principles such party autonomy, due process, equality of arms, secrecy, and impartiality. Additionally, it examines how new technologies interact with private international law, with the consent of the parties, the relevant legislation and how these technologies can be incorporated into arbitration without going against public policy, without violation due process rights and, in that way ensuring enforcement under the New York Convention.This book, by examining how blockchain and artificial intelligence are changing arbitral practice, provides a fresh and topical viewpoint on current debates in international arbitration and explores how these technological advancements are reshaping arbitration foundations while posing ethical challenges about the future of arbitration.

Artificial Intelligence and Blockchain in International Arbitration

EL ESTADO REPRESENTADO

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