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Page 1 of 3

The Cambridge Handbook of Emerging Issues at the Intersection of Commercial Law and Technology
  • Edited by Stacy-Ann Elvy, Nancy S. Kim
  • Published online:
    08 February 2025
    Print publication:
    20 February 2025
  • The Cambridge Handbook of Emerging Issues at the Intersection of Commercial Law and Technology is a timely and interdisciplinary examination of the legal and societal implications of nascent technologies in the global commercial marketplace. Featuring contributions from leading international experts in the field, this volume offers fresh and diverse perspectives on a range of topics, including non-fungible tokens, blockchain technology, the Internet of Things, product liability for defective goods, smart readers, liability for artificial intelligence products and services, and privacy in the era of quantum computing. This work is an invaluable resource for academics, policymakers, and anyone seeking a deeper understanding of the social and legal challenges posed by technological innovation, as well as the role of commercial law in facilitating and regulating emerging technologies.

  • Causal explanations affect judgments of the need for psychological treatment

  • Nancy S. Kim, Stefanie T. LoSavio
  • Journal:
    Judgment and Decision Making / Volume 4 / Issue 1 / February 2009
    Published online by Cambridge University Press:
    01 January 2023, pp. 82-91
    • Article
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      • Open access
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  • Knowing what event precipitated a client's abnormal behaviors makes the client appear more normal than if the event is not known (Meehl, 1973). Does such knowledge also influence judgments of the need for psychological treatment, and if so, does it matter whether the precipitating event was inside or outside the client's control? We presented undergraduates with cases of hypothetical clients exhibiting abnormal behaviors and manipulated whether they were also told of a precipitating event explaining those behaviors. Knowing the precipitant significantly reduced perceptions of clients’ need for treatment, but only when the precipitating event was outside the client's control. These findings call into question the notion that it need always be beneficial for an outside reasoner to uncover the root cause of a client's psychological problems, particularly when the root cause is still unknown to the client. The rationality of the effect and additional implications for decision-making are discussed.

  • A proximity effect in adults’ contamination intuitions

  • Laura R. Kim, Nancy S. Kim
  • Journal:
    Judgment and Decision Making / Volume 6 / Issue 3 / April 2011
    Published online by Cambridge University Press:
    01 January 2023, pp. 222-229
    • Article
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      • Open access
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  • Magical beliefs about contagion via contact (Rozin, Nemeroff, Wane, & Sherrod, 1989) may emerge when people overgeneralize real-world mechanisms of contamination beyond their appropriate boundaries (Lindeman & Aarnio, 2007). Do people similarly overextend knowledge of airborne contamination mechanisms? Previous work has shown that very young children believe merely being close to a contamination source can contaminate an item (Springer & Belk 1994); we asked whether this same hyper-avoidant intuition is also reflected in adults’ judgments. In two studies, we measured adults’ ratings of the desirability of an object that had made contact with a source of contamination, an object nearby that had made no contact with the contaminant, and an object far away that had also made no contact. Adults showed a clear proximity effect, wherein objects near the contamination source were perceived to be less desirable than those far away, even though a separate group of adults unanimously acknowledged that contaminants could not possibly have made contact with either the nearby or far-away object (Study 1). The proximity effect also remained robust when a third group of adults was explicitly told that no contaminating particles had made contact with the objects at any time (Study 2). We discuss implications of our findings for extending the scope of magical contagion effects beyond the contact principle, for understanding the persistence of intuitive theories despite broad acceptance of science-based theories, and for constraining interpretations of the developmental work on proximity beliefs.

  • 3 - A Consentability Framework

  • from Part II - Consentability and Contractability
  • Nancy S. Kim
  • Book:
    Consentability
    Published online:
    08 February 2019
    Print publication:
    14 February 2019, pp 53-90

  • Summary

    Consentability involves the power of the state. It considers whether – and when – the state should exercise its power to prevent an individual from consenting to an activity. Because the purpose of consent is to safeguard and promote autonomy, the question of consentability must be addressed within the context of autonomy. Chapter 3 introduces a framework for evaluating consentability. This chapter seeks to answer the questions that sprout from the core question of consentability. Given that the role of consent is promoting autonomy, Chapter 3 begins with a discussion of the meaning of autonomy. It then analyzes the meaning of consent and how consent can diminish or promote autonomy.

  • 1 - What Does it Mean to Consent?

  • from Part I - The Contours of Consent
  • Nancy S. Kim
  • Book:
    Consentability
    Published online:
    08 February 2019
    Print publication:
    14 February 2019, pp 7-17

  • Summary

    In societies which value individual freedom, consent plays a singular role. The moral authority of consent depends upon its authenticity, what we typically refer to as the “validity” of consent. Assessing the validity of consent requires recognizing the dynamic nature of consent and understanding the different conditions which are constitutive of it. Perhaps the most difficult and problematic consent condition to assess is the knowledge condition. Cognitive biases negatively affect an individual’s ability to make optimal decisions, especially given any temporal disconnect between the intentional manifestation of consent and performance of the consented-to act. People may have motivations other than self-interest. These very human cognitive and behavioral limitations and fallibilities complicate assessments of consent because they impair the knowledge condition, undermine the ability of an individual to act in her best interests, and often result in the consenter regretting her decision. Chapter 1 examines the meaning of consent and the conditions necessary to establish its validity. It also introduces the concepts of consent construction and consent destruction.

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