Personalized Law: Different Rules for Different People

cover
Half title
Personalized Law
Copyright
Dedication
Table of Contents
Preface
1. Introduction
	Diary: A Day in the Life of David and Abigail
	The Plan of the Book
Part I
	2. What Is Personalized Law
		Contextualization: The Old Precision Law
		Personalization: The New Precision Law
		Personalized Rules Everywhere
		Self-​Personalization
		Personalization and the Objectives of the Law
		Conclusion
	3. The Precision Benefit
		Personalized Everything
		The Benefits of Personalization
		The Benefits of Personalized Law
		The Production Costs of Precision
		Conclusion
Part II
	4. Personalized Legal Areas
		Tort Law: The “Reasonable You”
			Risk-​Based Personalized Standards
			Skill-​Based Personalized Standards
			Are Personalized Standards of Care Just?
		Consumer Protection Law
			Two Dimensions of Personalization: Value and Price
			The Potential Pitfalls of Personalized Consumer Protections
		Criminal Law
			Benefit-​Based Personalization
			Detection-​Based Personalization
	5. Personalized Regulatory Techniques
		Personalized Default Rules
		Personalized Mandated Disclosures
		Personalized Compensation
		Personalized Bundles of Rights and Duties
	6. Personalizing Rules by Age
		Age as Input into Legal Commands
		Age as Output of the Legal Command
		Trouble with Using Age as Input
Part III
	7. Personalization and Distributive Justice
		Personalized Rules and Relevant Criteria
		Conflicts Between Distributive Justice Goals and Other Goals
		Using Personalized Law to Advance Distributive Justice Goals
		Personalized Law and Discrimination
			Suspect Classifications
			Data Echoing Historical Biases
		Fixing Uniform Laws’ Unequal Impact
	8. Personalized Law and Equal Protection
		The Constitutionality of Statistics
		Individualized Treatment
		Narrowly Tailored
		Three Arguments for Differential Treatment
		Disparate Impact
		Conclusion
Part Iv
	9. Coordination
		Coordination of Group Activity
		Coordination of Individual Acts
		Coordination and Information
		Coordination as Participation
	10. Manipulation
		Distorted Investment in Human Capital
		Pretending
		Arbitrage
		Ways to Restrain Manipulation
			Immutable Characteristics
			Hypothetical Characteristics
			The Numerosity of Characteristics and Commands
			Preventing Arbitrage
	11. Governing Through Data
		What Information is Required for Lawmaking?
		Where will the Information Come From?
		Obeying Personalized Commands
		Privacy and Data Protection
			People’s Interests in Privacy
			Society’s Interest in Data Protection
	12. Conclusion: Legal Robotics
		Law and Artificial Intelligence
		The Human Design
		Tomorrow Morning
Index