Producing Law for Innovation

KAUFFMAN TASK FORCE ON LAW, INNOVATION AND GROWTH, RULES FOR GROWTH, Forthcoming

USC CLEO Research Paper No. C10-18

USC Law Legal Studies Paper No. 10-21

42 Pages Posted: 11 Nov 2010 Last revised: 12 Nov 2013

See all articles by Gillian K. Hadfield

Gillian K. Hadfield

University of Toronto; Vector Institute for Artificial Intelligence; OpenAI; Center for Human-Compatible AI

Abstract

In this chapter, I first discuss why we need to think of legal infrastructure as economic infrastructure requiring focused economic policymaking, what is wrong with our existing legal infrastructure and why we need to change our modes of legal production. I then set out a vision of what greater reliance on market-based production of legal infrastructure could look like. Finally, I suggest some concrete steps that policymakers can take to move us toward a more open, competitive system of legal production. These include 1) opening up access to the provision of legal services, such as by establishing a federal licensing regime that exempts providers from state-based regulation by the bar and state supreme courts and reduces restrictions on the ownership and management of legal providers; 2) establishing the public law framework necessary to enable the emergence of competitive private legal entities to supply legal rules (for corporate governance and commercial contracting, for example); and 3) reducing barriers to international trade in legal services.

Keywords: legal profession, legal markets, regulation of lawyers, innovation

Suggested Citation

Hadfield, Gillian K., Producing Law for Innovation. KAUFFMAN TASK FORCE ON LAW, INNOVATION AND GROWTH, RULES FOR GROWTH, Forthcoming ; USC CLEO Research Paper No. C10-18; USC Law Legal Studies Paper No. 10-21. Available at SSRN: https://ssrn.com/abstract=1707085

Gillian K. Hadfield (Contact Author)

University of Toronto ( email )

78 Queen's Park
Toronto, Ontario M5S 2C5
Canada
4169784214 (Phone)

Vector Institute for Artificial Intelligence ( email )

OpenAI ( email )

Center for Human-Compatible AI ( email )

310 Barrows Hall
Berkeley, CA 94720
United States

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