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Eloise Scotford

Biographic Data

ID5579197
NAMEEloise Scotford
GIVEN NAMESEloise
FAMILY NAMEScotford
SIGNATURESCOTFORD E
AFFILIATIONSKing's College - North Carolina
ORCID0000-0001-5216-5235
VERIFIEDNo
TOTAL WORKS11
TOTAL CITATIONS10
WORKS AS AUTHOR2
WORKS AS EDITOR9
FIRST PUBLICATION YEAR2013
LATEST PUBLICATION YEAR2017
H-INDEX1
  • Precaution in the Governance of Technology

    Andy Stirling, Roger Brownsword et al.•EDITOR•BOOK•Oxford Handbook of Law,…•2017

    Strong political pressures mean that few issues in international governance of science and technology are more misunderstood than the precautionary principle. Often accused of being ‘anti-science’, precaution simply acknowledges that not all uncertainties can be artificially aggregated to ‘risk’. ‘Real-world’ imperatives for justification, acceptance, trust, and blame management unscientifically suppress the indeterminacies, complexities, and var…

  • Trade, Commerce, and Employment

    Kenneth G Dau-Schmidt, Kenneth G Dau‐schmidt et al.•EDITOR•BOOK•Oxford Handbook of Law,…•2017

    The technology of production shapes the employment relationship and important issues in its regulation. The new information technology has transformed the organization of production replacing large vertically organized firms governed by the internal labour market with horizontally organized firms governed by a global labour market. These changes require policymakers to broaden the definitions of ‘employee’, ‘employer’, and ‘appropriate bargaining…

  • Surveillance Theory and its Implications for Law

    Tjerk Timan, Maša Galič et al.•EDITOR•BOOK•Oxford Handbook of Law,…•2017

    This chapter provides an overview of key surveillance theories and their implications for law and regulation. It presents three stages of theories that characterize changes in thinking about surveillance in society and the disciplining, controlling, and entertaining functions of surveillance. Beginning with Bentham’s Panopticons and Foucault’s panopticism to discipline surveillees, surveillance theory then develops accounts of surveillant assembl…

  • Data Mining as Global Governance

    Fleur Johns, Roger Brownsword et al.•EDITOR•BOOK•Oxford Handbook of Law,…•2017

    Data mining technologies are increasingly prominent in development and aid initiatives in which context they may be understood to be doing work of global governance. This chapter explains how data mining may be so characterized and explores how this work may be compared to more conventional governance techniques and institutions. The chapter first provides an overview of some exemplary initiatives among international institutions in which data mi…

  • Hardwiring Privacy

    Lee A Bygrave, Roger Brownsword et al.•EDITOR•BOOK•Oxford Handbook of Law,…•2017

    This chapter examines regulatory efforts to ensure that due account is taken of privacy and related interests in the development of information systems such that these interests are, in effect, integrated (or ‘hardwired’) into the resulting systems. Such efforts are typically described in terms of ‘Privacy by Design’ and ‘Data Protection by Design’. The basic argument advanced in the chapter is that such efforts are unlikely to gain broad tractio…

  • Human Rights and Information Technologies

    Giovanni Sartor, Roger Brownsword et al.•EDITOR•BOOK•Oxford Handbook of Law,…•2017

    The social changes brought about by the deployment of information technologies are wide-ranging and fundamental. A human rights analysis of such technologically driven changes shows how they implicate significant opportunities as well as risks. The chapter argues that human rights are a core aspect of regulating such technologies, particularly as human rights provide a unifying purposive perspective for diverse technologies and deployment context…

  • The Legally Disruptive Nature of Climate Change

    Open Access•Elizabeth Fisher, Eloise Scotford et al.•ARTICLE•Modern Law Review•2017•Cited by: 9

    Climate change gives rise to disputes and problems not easily addressed by existing legal doctrines and frameworks. This is because it is a polycentric problem; the assessment of future climate impacts must deal with uncertainty; climate change is socio‐politically controversial; and addressing climate change requires recognising a dynamic physical environment. As such, climate change can be thought of as legally disruptive in that it requires la…

  • Liberal Democratic Regulation and Technological Advance

    Tom Sorell, John Guelke et al.•EDITOR•BOOK•Oxford Handbook of Law,…•2016

    This chapter considers an array of new technologies developed for bulk collection and data analysis that are sometimes connected by critics with mass surveillance. While the use of such technologies can be compatible with democratic principles, the NSA’s system of bulk collection has been likened to that practised by the Stasi in the former German Democratic Republic. Drawing on Pettit’s concept of domination, we dispute the comparison, conceding…

  • Regulating Workplace Technology

    Tonia Novitz, Roger Brownsword et al.•EDITOR•BOOK•Oxford Handbook of Law,…•2016

    The development of workplace technology has tended to reflect the interests of employers in promoting profitability, whereas worker concerns have been acknowledged in legislation that restricts the most egregious of employer practices. This chapter explores that history and the current legal and regulatory framework, which is explicable with reference to resistance. However, it is suggested that we could also view technology in the workplace as p…

  • The Oxford Handbook of Law, Regulation and Technology

    Roger Browns, Karen ca /21 Jh Yeung et al.•EDITOR•BOOK•Oxford Handbook of Law,…•2016

    This book brings together leading scholars from law and other disciplines to explore the relationship between law, technological innovation, and regulatory governance. It is organized into five parts. Part I provides an overview of the volume, identifies its aims, explains its organization, locates it within existing scholarship, and identifies major themes that emerge from the individual chapter contributions. Part II examines core normative val…

  • The Symbiosis of Property and English Environmental Law – Property Rights in a Public Law Context

    Open Access•Eloise Scotford, Rachael Walsh•ARTICLE•Modern Law Review•2013•Cited by: 1•References: 37

    This article argues that environmental regimes entailing considerable administrative discretion are now serving to contextualise and partly to constitute property rights in English law. In particular, rights to use land are ‘democratised’ to varying degrees through the administration of environmental regulation, and are adapted to land‐use problems on an evolving basis. In return, property rights affect environmental regulation, through legal pro…

  • The Legally Disruptive Nature of Climate Change

    Open Access•Elizabeth Fisher, Eloise Scotford et al.•ARTICLE•Modern Law Review•2017•Cited by: 9

    Climate change gives rise to disputes and problems not easily addressed by existing legal doctrines and frameworks. This is because it is a polycentric problem; the assessment of future climate impacts must deal with uncertainty; climate change is socio‐politically controversial; and addressing climate change requires recognising a dynamic physical environment. As such, climate change can be thought of as legally disruptive in that it requires la…

  • The Symbiosis of Property and English Environmental Law – Property Rights in a Public Law Context

    Open Access•Eloise Scotford, Rachael Walsh•ARTICLE•Modern Law Review•2013•Cited by: 1•References: 37

    This article argues that environmental regimes entailing considerable administrative discretion are now serving to contextualise and partly to constitute property rights in English law. In particular, rights to use land are ‘democratised’ to varying degrees through the administration of environmental regulation, and are adapted to land‐use problems on an evolving basis. In return, property rights affect environmental regulation, through legal pro…

  • The Symbiosis of Property and English Environmental Law – Property Rights in a Public Law Context

    Open Access•Eloise Scotford, Rachael Walsh•ARTICLE•Modern Law Review•2013•Cited by: 1•References: 37

    This article argues that environmental regimes entailing considerable administrative discretion are now serving to contextualise and partly to constitute property rights in English law. In particular, rights to use land are ‘democratised’ to varying degrees through the administration of environmental regulation, and are adapted to land‐use problems on an evolving basis. In return, property rights affect environmental regulation, through legal pro…

  • Liberal Democratic Regulation and Technological Advance

    Tom Sorell, John Guelke et al.•EDITOR•BOOK•Oxford Handbook of Law,…•2016

    This chapter considers an array of new technologies developed for bulk collection and data analysis that are sometimes connected by critics with mass surveillance. While the use of such technologies can be compatible with democratic principles, the NSA’s system of bulk collection has been likened to that practised by the Stasi in the former German Democratic Republic. Drawing on Pettit’s concept of domination, we dispute the comparison, conceding…

  • Regulating Workplace Technology

    Tonia Novitz, Roger Brownsword et al.•EDITOR•BOOK•Oxford Handbook of Law,…•2016

    The development of workplace technology has tended to reflect the interests of employers in promoting profitability, whereas worker concerns have been acknowledged in legislation that restricts the most egregious of employer practices. This chapter explores that history and the current legal and regulatory framework, which is explicable with reference to resistance. However, it is suggested that we could also view technology in the workplace as p…

  • The Oxford Handbook of Law, Regulation and Technology

    Roger Browns, Karen ca /21 Jh Yeung et al.•EDITOR•BOOK•Oxford Handbook of Law,…•2016

    This book brings together leading scholars from law and other disciplines to explore the relationship between law, technological innovation, and regulatory governance. It is organized into five parts. Part I provides an overview of the volume, identifies its aims, explains its organization, locates it within existing scholarship, and identifies major themes that emerge from the individual chapter contributions. Part II examines core normative val…

  • Precaution in the Governance of Technology

    Andy Stirling, Roger Brownsword et al.•EDITOR•BOOK•Oxford Handbook of Law,…•2017

    Strong political pressures mean that few issues in international governance of science and technology are more misunderstood than the precautionary principle. Often accused of being ‘anti-science’, precaution simply acknowledges that not all uncertainties can be artificially aggregated to ‘risk’. ‘Real-world’ imperatives for justification, acceptance, trust, and blame management unscientifically suppress the indeterminacies, complexities, and var…

  • Trade, Commerce, and Employment

    Kenneth G Dau-Schmidt, Kenneth G Dau‐schmidt et al.•EDITOR•BOOK•Oxford Handbook of Law,…•2017

    The technology of production shapes the employment relationship and important issues in its regulation. The new information technology has transformed the organization of production replacing large vertically organized firms governed by the internal labour market with horizontally organized firms governed by a global labour market. These changes require policymakers to broaden the definitions of ‘employee’, ‘employer’, and ‘appropriate bargaining…

  • Surveillance Theory and its Implications for Law

    Tjerk Timan, Maša Galič et al.•EDITOR•BOOK•Oxford Handbook of Law,…•2017

    This chapter provides an overview of key surveillance theories and their implications for law and regulation. It presents three stages of theories that characterize changes in thinking about surveillance in society and the disciplining, controlling, and entertaining functions of surveillance. Beginning with Bentham’s Panopticons and Foucault’s panopticism to discipline surveillees, surveillance theory then develops accounts of surveillant assembl…

  • Data Mining as Global Governance

    Fleur Johns, Roger Brownsword et al.•EDITOR•BOOK•Oxford Handbook of Law,…•2017

    Data mining technologies are increasingly prominent in development and aid initiatives in which context they may be understood to be doing work of global governance. This chapter explains how data mining may be so characterized and explores how this work may be compared to more conventional governance techniques and institutions. The chapter first provides an overview of some exemplary initiatives among international institutions in which data mi…

  • Hardwiring Privacy

    Lee A Bygrave, Roger Brownsword et al.•EDITOR•BOOK•Oxford Handbook of Law,…•2017

    This chapter examines regulatory efforts to ensure that due account is taken of privacy and related interests in the development of information systems such that these interests are, in effect, integrated (or ‘hardwired’) into the resulting systems. Such efforts are typically described in terms of ‘Privacy by Design’ and ‘Data Protection by Design’. The basic argument advanced in the chapter is that such efforts are unlikely to gain broad tractio…

  • Human Rights and Information Technologies

    Giovanni Sartor, Roger Brownsword et al.•EDITOR•BOOK•Oxford Handbook of Law,…•2017

    The social changes brought about by the deployment of information technologies are wide-ranging and fundamental. A human rights analysis of such technologically driven changes shows how they implicate significant opportunities as well as risks. The chapter argues that human rights are a core aspect of regulating such technologies, particularly as human rights provide a unifying purposive perspective for diverse technologies and deployment context…

  • The Legally Disruptive Nature of Climate Change

    Open Access•Elizabeth Fisher, Eloise Scotford et al.•ARTICLE•Modern Law Review•2017•Cited by: 9

    Climate change gives rise to disputes and problems not easily addressed by existing legal doctrines and frameworks. This is because it is a polycentric problem; the assessment of future climate impacts must deal with uncertainty; climate change is socio‐politically controversial; and addressing climate change requires recognising a dynamic physical environment. As such, climate change can be thought of as legally disruptive in that it requires la…

Political science (10 works) · Law (8 works) · Business (7 works) · Computer Science (6 works) · Law and economics (6 works) · Sociology (6 works) · Engineering (5 works) · Geography (5 works) · Public relations (4 works) · Context (archaeology) (3 works)

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