Good Algorithms, Better Rules:How Algorithmic Tools Could Revive Disclosure Regulation

forthcoming in Riv. Trim di Dir. Pubbl.

19 Pages Posted: 7 Oct 2020 Last revised: 15 Feb 2022

See all articles by Fabiana Di Porto

Fabiana Di Porto

University of Salento ; Luiss Guido Carli University; Law Faculty, Hebrew University

Date Written: January 4, 2021

Abstract

During the past decades, societies have been greatly impacted by the impressive technological progress made in computer science. However, Artificial Intelligence and Machine Learning have not only become an indispensable part of our everyday lives, they also found their way into legal research: a small, but rapidly growing number of legal scholars are applying algorithmic methods in their research. Particularly the advances made in Natural Language Processing (NLP) have sparked a wave of innovative research approaches as scholars are now able to transform text into machine-readable data, which opens up a plethora of enticing research opportunities. In light of the relative novelty as well as the enormous potential of the Law & Tech field, this article provides guidance to scholars seeking to familiarize themselves with the Law & Tech scholarship. By organizing this new branch of legal research around four main research interests, I show how Law & Tech scholars are contributing to and revolutionizing legal science in different ways. To illustrate how algorithmic tools can reinvigorate classic subjects of legal research, I address a topic that has long been considered ‘dead’: disclosure regulation. An overview of the many different solutions to the shortcomings of such regulations presents support for the hypothesis that Law & Tech can contribute greatly to legal research. Nevertheless, I also identify the need for a more ‘comprehensive approach’ and thus conclude by outlining how algorithmic tools can be used in a holistic manner to address the failures of disclosures from the rulemaking in parliament to consumer screens.

Keywords: Law & tech, algorithms, big data, disclosure, enforcement, interpretation, rule-making, sandbox

JEL Classification: K1, k2, k3, k4

Suggested Citation

Di Porto, Fabiana, Good Algorithms, Better Rules:How Algorithmic Tools Could Revive Disclosure Regulation (January 4, 2021). forthcoming in Riv. Trim di Dir. Pubbl., Available at SSRN: https://ssrn.com/abstract=3706048 or http://dx.doi.org/10.2139/ssrn.3706048

Fabiana Di Porto (Contact Author)

University of Salento ( email )

Via per Monteroni
Lecce, Lecce 73100
Italy

Luiss Guido Carli University

Viale Romania
Rome, Roma 00100
Italy

Law Faculty, Hebrew University ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
147
Abstract Views
502
rank
271,204
PlumX Metrics