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Batache Djamila, Zurich/St. Gallen 2023

Artificial intelligence in medicine from a liability law perspective

The dissertation sheds light on the extent to which the use of AI systems is permissible at all in view of the principle of personal performance in contract law, specifically in medical treatment, which duties of care and in particular control duties must be taken into account in this context and to what extent wrong decisions can be attributed for their intended purpose. The underlying considerations and findings can, of course, also be used to classify the use of AI systems in other areas under liability law (honored with the Emilie Louise Frey Prize 2023).

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Kaiser Sandra, 2022

Copyright infringements through links on the Internet

In numerous judgments, the ECJ has interpreted the provision of Art. 3 (1) of the InfoSoc Directive, which is subject to interpretation, and thus created an interpretative framework for the treatment of communication to the public, particularly in the digital world of the internet. The present work critically assesses the case law of the ECJ. Based on this case law, a proposal is developed which leads to a generally applicable scheme that offers advantages over the flexible system of the ECJ, such as increased legal certainty.

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Schaub Barbara, 2023

The compatibility of cantonal popular initiatives with higher-level law

How far may the examining authorities go when interpreting initiative texts in accordance with the law and what significance is attached to the political will of the signatories? This dissertation examines the topic from a holistic perspective and incorporates the cantonal legal bases, the current literature and the case law of the Federal Supreme Court and the cantonal courts of the last 15 years. It shows how the principle "in dubio pro populo" developed by the Federal Supreme Court can be taken into account in practice and offers solutions for the best possible synthesis between the principles of democracy and the rule of law.