Despite their centrality within discussions on AI governance, fairness, justice, and equality remain elusive and essentially contested concepts: even when some shared understanding concerning their meaning can be found on an abstract level, people may still disagree on their relation and realization. In this chapter, we aim to clear up some uncertainties concerning these notions. Taking one particular interpretation of fairness as our point of departure (fairness as nonarbitrariness), we first investigate the distinction between procedural and substantive conceptions of fairness (Section 4.2). We then discuss the relationship between fairness, justice, and equality (Section 4.3). Starting with an exploration of Rawls’ conception of justice as fairness, we then position distributive approaches toward issues of justice and fairness against socio-relational ones. In a final step, we consider the limitations of techno-solutionism and attempts to formalize fairness by design (Section 4.4). Throughout this chapter, we illustrate how the design and regulation of fair AI systems is not an insular exercise: attention must not only be paid to the procedures by which these systems are governed and the outcomes they produce, but also to the social processes, structures, and relationships that inform, and are co-shaped by, their functioning.

The difference in the relative bargaining power of musicians and their corporate partners not only has consequences for the negotiation and formation phase of the contract, but also for its performance, consisting of the exploitation of protected content and the ensuing remuneration. Unfair situations may arise in both respects. This chapter analyses to what extent the legal framework intervenes – and should intervene. First, it reviews exploitation obligations, both in terms of the existence and scope of a duty to exploit and the possible limitations to the content of exploitation activities. Subsequently, the requirement of ‘fair’ remuneration, the available tools for ex post contract adjustment and legislative measures seeking to enhance transparency in the music value chain are scrutinised. The chapter then moves on the performance stage of contracts in secondary relationships, before making a case for a harmonised residual remuneration right for digital exploitation, and concluding.

This chapter crosses the bridge from music industry practice to the analysis of the legal regimes deemed most relevant in securing a fair(er) balance in music contracts in the streaming age. Particular focus lies with the effect of the law on contracts entered into between musicians and record companies and/or music publishers as to individually managed exclusive rights. First, the chapter analyses the role of the legal framework in achieving this book’s policy objective of moving towards a fair(er) balance in the streaming age, fleshing out both the substantive and procedural dimensions of what may be perceived as ‘fair’ in this particular context. It then goes on to provide a typology of the relevant legal regimes, categorising these limitations to parties’ freedom of contract in terms of substantive, geographical and temporal scope and analysing the interplay between them. Finally, the chapter sets out to establish the appropriate level(s) and method(s) of further potential policy initiatives aimed at contributing to the elusive fair balance that this book advocates.

Both corporate partners and musicians may have valid reasons for wanting to terminate a contract. Forcing them to uphold the contract curbs party agency. Relevant reasons may include the aim of avoiding undue investment in an artist who has proven to be commercially unviable, the wish to escape unfair situations in terms of rights transfer, or cases of (perceived) unfairness in terms of exploitation and/or remuneration. The excessive duration of a contract may in itself also give rise to problems. On a more general level, the exclusive nature of many music industry contracts sits uneasily with the vision of musicians as independent, creative actors. This chapter reviews how the selected substantive legal regimes affect parties’ possibility to terminate the contractual relationship. First, the chapter reviews potentially applicable limitations on contract duration, as well as grounds for termination on the basis of breach of contract. Taking a more practical view, the consequences of contract termination are then assessed in order to gauge whether these consequences may amount to switching costs that prevent the termination of contracts in practice.

This chapter brings together the research findings and answers the main research question, namely how the legal framework can contribute to a achieving a fair(er) balance between the interests of musicians and their main corporate partners. It summarises the potential bottom-up initiatives, as well as the possible regulatory action identified throughout the book.

In this chapter, we describe the most important policy evaluation criteria that can be used to choose the appropriate mix of energy and climate policy instruments. We give space to economic efficiency, effectiveness, macroeconomic effects, equity, acceptability, enforceability, and administrative practicability. In the second part of the chapter, we present a simple overview of the most important economic models that can be used to estimate the impact of the introduction of energy and climate policy measures, such as applied general equilibrium models and integrated assessment models. Further, we provide a short introduction to some policy evaluation methods such as randomised controlled trials, difference-in-difference, and regression discontinuity designs that can be used to evaluate policy effectiveness.

The World Trade Organization (WTO) regime has a significant role to play in disciplining secondary sanctions. It provides substantial standards and procedures that differ from and supplement applicable standards and potential remedies under general public international law. The WTO system may address the specifics of secondary sanctions in different ways. In this chapter three perspectives are discussed in this regard. First, it is observed that non-discrimination standards in trade law may capture what appears to be unfair about secondary sanctions, as such standards would fail to detect discrimination, where all WTO Members – target Members and third Members – would be sanctioned alike. Second, however, WTO exception clauses can take into consideration that secondary sanctions are significantly more distant in terms of a connection between the measure and a legitimate policy objective as required under standards of good faith. Third and relating to fairness, WTO dispute settlement would open an opportunity for affected Members to seek a rebalancing of rights and obligations even in cases where a measure would be considered to conform to WTO rules.

For many years, the reality about the role of women in American and southern history remained the absence of scholarship about women and the absence of women in the profession. The journey of women into the world of professional historians involved overcoming many stereotypes and prejudices. A few women emerged as professional historians who made major contributions into new areas of scholarship as early as the post-World War II years, but the ratio of women to men only began to increase in the late 1970s and early 1980s. Economist Claudia Goldin identified a “quiet revolution” of women entering the history profession between 1950 and 1970, which then exploded as women rushed into the profession in force during the 1970s. The influx of talented women opened new fields of study (women, family, social history topics, etc.). This chapter examines the influence of women who shaped new areas of study while also offering new perspectives on longstanding questions of broad scholarly interest.

The Conclusion emphasizes the book’s primary argument, that its proposed system of means-based adjustments to the tax compliance rules would more effectively deter tax avoidance and evasion by the rich than would reforms focused solely on increasing the IRS’s funding or on rules targeting specific potentially abusive activities. It notes that the book has provided four practical applications of this approach – as adjustments to tax penalties, penalty defenses, the statute of limitations, and information reporting – but that these examples are just the beginning. The book concludes that its analysis and new approach to tax administration should be relevant to legislators and other tax policymakers, scholars of both tax law and progressivity, and federal and state tax administrators.

The Introduction sets the stage by describing the intense focus on abusive tax avoidance and tax evasion by the rich among political figures, legal scholars, and the general public. The Introduction also describes the stakes for the tax system in addressing high-end tax noncompliance. It then provides an overview of two conventional approaches to the problem of high-end tax noncompliance: increasing IRS funding and “activity-based rules” targeting specific strategies that enable tax avoidance and evasion. The Introduction describes the book’s argument that both of these responses are incomplete solutions. It then describes the overlooked role that tax compliance rules – which govern critical aspects of tax administration and enforcement but that currently apply to all taxpayers without regard to their income or wealth – play in enabling tax avoidance and evasion by the rich. The Introduction provides a summary of the core argument and contribution of the book: that policymakers should introduce a system of means-based adjustments to the tax compliance rules for high-end taxpayers.