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Supported decision-making is rapidly gaining attention as an alternative to guardianship and other forms of surrogate decision-making for people with cognitive disabilities. This article provides an overview of the legal status of supported decision-making in the United States, with particular attention to how states are recognizing supported decision-making in different legal contexts. It then explores how the law of supported decision-making applies to clinical research. It explains that although federal research regulations and guidance do not explicitly address formal supported decision-making, individuals may use supported decision-making to make decisions about participating in clinical research and researchers may be required to allow such use under federal laws that protect against disability discrimination. It then concludes by considering legal barriers to greater use of supported decision-making and how these barriers might be overcome.
This chapter considers whether, and under what conditions, private firms can productively combine existing patent assets to support the dissemination and use of green technology. It assesses the unique challenges that face the organizers of private patent commons in the green technology sector. To do so, it first reviews prior efforts to form green patent commons, as well as recent commons proposals that have not yet been implemented. Next, it asks why these efforts have not been successful in achieving their respective goals. Finally, it offers suggestions for future planners seeking to promote the global dissemination and use of patented green technologies through the formation of commons structures.
The question of fair profits has been asked ever since modern finance has emerged. During the Middle Ages, it relates to the question of usury and the critical distinction between business profit-sharing and exploitative financial gains. With modern economies and the advent of classical economic theories in the 19th century, usury was claimed to be a virtuous sin which eventually (and supposedly) profits both sinners and society. More recently, this position was reframed and reshaped through shareholder value and shareholder primacy, which uphold the allegiance of business and society to financial investors active on unfettered transnational financial markets. The North-Atlantic financial crisis of 2007–08 exposed this alleged ‘end of history for corporate law’, reopening an evergreen debate on finance and society. In this context, my contribution provides a theoretical analysis of the notion of business profits, addressing the overarching accounting instruments that the law – comprising public and private arrangements, legal rules and social norms – puts in place to define and control for those corporate profits. My analysis is organised in two parts. The first part addresses two ideal types of financial accounting design contrasting: (i) an accounting system that purports to assess shareholder wealth through a fair value accounting model; (ii) another accounting system that purports to determine satisfying corporate profits through a historical cost accounting model. The second part discusses implications for corporate fairness and sustainability according to this dualistic approach which contrasts maximising (shareholder) value and satisfying profit-sharing, the former being framed by an unsustainable multiplicative process, while the latter by a sustainable additive one. This theoretical analysis aims to shed (some) light on the functional definition of business profits and its implications for corporate management and redistributive justice. It further highlights limits and shortcomings of resource valuation and net profit determination as suitable instruments to address matters of corporate sustainability and social responsibility.
This article presents a novel type of co-regulation under EU law: codes of practice under the AI Act. The introductory section offers an overview on how the AI Act combines general statutory obligations with various non-legislative instruments. Following a brief presentation of the legal basis for codes of practice in the AI Act, the third section provides a detailed account of how the European AI Office put this sketchy statutory framework into practice for the first General-Purpose AI Code of Practice, which was approved on 1 August 2025. Drawing upon this experience, the conclusion highlights two practical and normative issues associated with codes of practice: tech-induced acceleration and a diffusion of responsibility.
This article explores possible connections between health crises, economic policy choices, and the rise of populist movements, drawing on evidence from the interwar period. It considers how differing policy responses to the Great Depression may have been associated with contrasting trajectories in both public health and political developments. In Germany, the adoption of austerity measures in the early 1930s appears to have coincided with worsening economic conditions, declining health indicators, and growing electoral support for far-right movements. By contrast, expansionary initiatives introduced under the New Deal in the U.S. were likely accompanied by strengthened social protections, improvements in health outcomes, and what some observers have interpreted as a mitigation of pressures toward political radicalisation. Taken together, these historical experiences offer insights into contemporary developments, where perceived inadequacies in responding to intertwined health and economic crises could potentially contribute to eroding institutional trust and increasing receptiveness to populist narratives.
This chapter explores the role of Human Impact Units (Hu) and regenerative authentication credits in transforming environmental, social, and governance (ESG) governance into a more transparent and equitable knowledge commons. The authors argue that current ESG valuation models, particularly those rooted in carbon-centric methodologies, fail to capture the full spectrum of ESG impacts and often lead to “greenwashing.” By shifting the focus to noncarbon-based valuation mechanisms, such as the Hu and RACs frameworks, the chapter demonstrates how ESG efforts can be more accurately monetized, fostering greater trust and transparency in ESG claims. The authors build the theoretical foundation by proposing the concept of “ESG as knowledge commons” for managing environmental commons, and suggest that “truth” serves as the shared resource, documented through blockchain. Specifically, RACs utilize a blockchain-based framework to ensure data permanence and immutability while allowing for controlled transparency. This research underscores the permanence of truth, enabled by the network’s immutability. Overall, RACs offer an alternative governance model to traditional ESG approaches, leveraging the polycentric nature of blockchain networks to effectively address the uncertainty inherent in the ESG industry.
Given data’s characteristics as a nonrivalrous, inexhaustible resource, some interpretation is necessary to apply Ostrom’s design principles to the challenge of data governance – starting with the question of boundaries. Building upon the Governing Knowledge Commons framework, this chapter argues that boundaries around data resources can be drawn through the intentional development and application of values statements. Since the potential value of data often increases in relation to the number of its users and potential uses, values statements set normative expectations around the kinds of processes and outcomes that are considered desirable – what do we think is good, and how do we agree to do this work? These statements functionas a kind of boundary object that can give shape to a community’s identity and, in turn, aid in the development of new institutional strategies to protect that identity. After considering this function in the context of examples – ranging from abstract signifiers such as “open data” and “smart cities,” to bundled declarations such as the CARE principles, to specific examples of environmental data commons – this chapter concludes by offering practical guidance for the development of values statements through democratic writing processes and collective choice-making.
Public input can provide state agencies with critical information as they adopt health-shaping rules. However, generating meaningful public input is challenging. State administrative procedure acts set out how state agencies must make rules and establish notice and comment processes to seek input into rulemaking. Notice and comment, though, is not conducive to meaningful public input. To enhance public input into state rules, government entities should not limit their engagement to notice and comment and should deploy, and maybe even amend, rulemaking processes to facilitate public input. Meanwhile, advocates and community members should prioritize state rulemaking, in all its phases, as part of their advocacy efforts.
This chapter uses the Intergovernmental Panel on Climate Change (IPCC) to illustrate and advance the idea of the expert knowledge commons. The IPCC was established in 1988 as an intergovernmental body of the United Nations, charged with advancing scientific knowledge about climate change in order to inform public policy decision-making. As an institution and instrument of authority grounded in scientific expertise, the IPCC has come to play a critical role in advancing political, cultural, and economic awareness of the character of climate change. The IPCC has been the subject of a great deal of research, none of which has focused directly on the manner in which its authoritative status rests both formally and informally on multiple layers of shared knowledge, information, and data. This chapter uses the IPCC’s governance of that shared knowledge to motivate and illustrate a model of expert knowledge commons.
Our natural environment constitutes a complex and dynamic global ecosystem that provides essential resources for well-being and survival. Yet the environment is also subject to unprecedented threats from human activities, such as climate change, pollution, habitat loss, biodiversity decline, and the overexploitation of natural resources. This volume argues that such complex, multidimensional challenges demand equally complex, multidimensional solutions and calls for coordinated multistakeholder action at all scales, including governments, civil society, the private sector, and individuals. To meet the moment effectively, such interventions require both scientific knowledge about how the environment functions and social and institutional knowledge about the actors involved in environmental governance and management. Chapters include case studies of environmental knowledge collection, management, and sharing to explore how data and knowledge sharing can inform effective multistakeholder action to combat global threats to our environment. This title is also available as Open Access on Cambridge Core.
Our natural environment constitutes a complex and dynamic global ecosystem that provides essential resources for well-being and survival. Yet the environment is also subject to unprecedented threats from human activities, such as climate change, pollution, habitat loss, biodiversity decline, and the overexploitation of natural resources. This volume argues that such complex, multidimensional challenges demand equally complex, multidimensional solutions and calls for coordinated multistakeholder action at all scales, including governments, civil society, the private sector, and individuals. To meet the moment effectively, such interventions require both scientific knowledge about how the environment functions and social and institutional knowledge about the actors involved in environmental governance and management. Chapters include case studies of environmental knowledge collection, management, and sharing to explore how data and knowledge sharing can inform effective multistakeholder action to combat global threats to our environment. This title is also available as Open Access on Cambridge Core.