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Sustainable degrowth offers effective alternative strategies for tackling social and environmental problems such as climate crisis, resource depletion, biodiversity loss, and species hecatomb. However, it plays a marginal role in policy. Moreover, researchers need to operationalise many degrowth proposals in a more sufficient way for the policy. This mainly conceptual-methodological article conceptualises the problem of sustainable degrowth in policy as the problem of knowledge utilisation. How well research papers on the topic adapt to the needs of policy-makers is an important factor influencing this utilisation. This adaptation is under the control of researchers and may be seen as a necessary first step in the introduction of degrowth proposals into policy-making and further implementation. I argue that translating research papers into legislative drafts by researchers can be understood as adaptation of these papers to the policy-makers' needs. This is because the law can be understood as universal basis of public policies and fundamental language to express these policies. The legal system has a systematic, hierarchical, and logical structure while its language tends to be precise, clear, and unambiguous. Legal language may also be salient for many policy-makers. I labelled this way of adaptation as the Translational Legal Approach to Knowledge Utilisation (TLA). It can be applied beyond texts on sustainable degrowth as well. Based on the literature review, I theoretically and conceptually discuss the aforementioned hypotheses by looking at the corresponding criteria of research adaptation with characteristics of law and legal language. I provide the strongest support for the theses that translation of research papers into provisions of legislative drafts can increase readability, comprehensibility, precision, and operationalisation of degrowth research proposals, as well as helps to give them more systemic nature and incorporate policy-makers' context. Future research is needed to create a methodological framework for TLA as well as to empirically verify hypotheses made in this article. • Degrowth plays a marginal role in policies and needs better operationalisation. • The role of degrowth in policy can be seen as a problem of knowledge utilisation. • Law could be a common language between researchers and policy-makers. • Translating research papers into legislative drafts adapts them for policy-makers. • Translating degrowth proposals into legislative drafts supports their utilisation. [ABSTRACT FROM AUTHOR]

Background Aims Methods Results Conclusion Aesthetics medicine, a controversial branch of clinical medicine known for its high degree of commercialization, faces numerous conflicts, particularly in some developing countries. The global aesthetics medicine industry requires enhancements of its legal and supervision framework and risk management systems.This paper aimed to provide a comprehensive visual analysis of academic achievements related to regulatory and legal issues in the field of aesthetic medicine and to identify its development trends and research hotspots.The Web of Science Core Collection was employed to retrieve relevant studies, resulting in a total of 602 research articles after selection. Utilizing bibliometric methods and CiteSpace, this study analyzed the primary countries, institutions, authors, journals, hotspots, frontiers, and trends in this domain.The findings indicated rapid increases in the number of published papers. The United States emerged as the leading contributor with 131 research papers and the highest intermediate centrality. Eleven keyword clusters were identified, with “adolescence” and “office‐based surgery” being the most recent topics. We also analyzed the trends and frontiers of legal research in medical aesthetics.The importance of informed consent has been increasingly emphasized, and research in the field of medical aesthetics has been gradually expanding beyond individual cosmetic procedures. The management system has become more comprehensive, moreover, guidelines and medical laws have been continually published, with research shifting toward a holistic perspective that encompasses patients, medical aesthetic providers, and regulatory authorities in the study of medical aesthetics regulation and legislation. This paper also proposes some innovative directions for future research and applications. [ABSTRACT FROM AUTHOR]

Families in the United States are rapidly changing, and the normative familial model of two married, monogamous, heterosexual parents with children no longer reflects the majority of U.S. families. Nonetheless, state incentive-based policies and discriminatory family laws continue to enforce heteronormative monogamy. Recent changes to the U.S. legal landscape have produced limited formal recognition and protections for same-sex couples and LGBTQ parents, and even these narrow rights are withheld from other diverse familial configurations including families with polyamorous parents. This article uses the concept of sexual citizenship to frame the analysis of U.S. family courts' normative construction of family, identifying striking parallels between family courts' historical and contemporary prejudicial treatment of LGBTQ parents and the institution's similar delegitimization and denigration of polyamorous parents today. This paper reviews polyamorous parents' efforts towards achieving legal and societal legitimatization, finding significant parallels with legal strategies LGBTQ parents utilized to seek legal recognition and protection prior to federal recognition of same-sex marriage. This paper highlights the inadequacies of such a formal sexual citizenship approach, finding that a limited strategy of accumulating specific sexual rights fails to address non-monogamy's more radical cultural presence as well as the (non-legal) informal aspects of belonging needed to improve the livability of polyamorous parents' and their children's lives. This paper concludes with recommendations for improving the treatment of non-traditional families including LGBTQ, polyamorous, and other blended families, both within and outside the legal institution. [ABSTRACT FROM AUTHOR]

Biobanking—the storage of human biological samples, including tissue, blood, urine, and genetic data—raises many ethical, legal, and social issues, including confidentiality and privacy. Pediatric biobanking is more complicated, with difficulties arising because children lack capacity to consent and acquire this capacity upon maturity when the research is still ongoing. Yet given the limited availability of pediatric samples, the translational nature of biobanking presents a unique opportunity to share samples and produce clinically necessary information about pediatric development and diseases. Guidance on navigating these legal and ethical difficulties is needed for those involved in pediatric biobanking—including researchers, participants, and families, and those involved in biobank governance. This paper seeks to map the current regulatory framework governing pediatric biobanking to determine what guidance is currently offered. Regulatory mapping of current international and national guidelines on pediatric biobanking addressing the ethical, legal, and social nuances of pediatric biobanking was undertaken. This paper finds that international guidelines around biobanking are mostly for adults, and even when pediatric-specific, documents are non-binding, inconsistent, or only limited guidance is offered on a range of important issues specific to pediatric biobanks. Conclusion: This paper shows a need for consistent, comprehensive, and clear regulation on pediatric biobanking so that research can more quickly, efficiently, and ethically be translated to useful information and treatment in pediatric care. What is Known: • Pediatric biobanking presents new opportunities to conduct valuable translational research to benefit pediatric populations. However, the storage of pediatric biological samples raises many ethical, legal and social issues—in part because child participants may be considered to lack capacity to consent but can acquire this capacity upon maturity when the research is still ongoing. Pediatric biobanks must grapple with issues of consent, confidentiality and privacy, and long-term participation regarding child participants. What is New: • Regulatory guidance on these ethical, legal, and social issues is needed for researchers, participants, and families and those involved in biobank governance. This paper identifies nationally specific and international guidance on biobanking and summarizes the guidance provided in relation to these pediatric specific issues. It finds that most guidance is non-binding and inconsistent between guidance documents and may offer only limited guidance to stakeholders. A need for consistent, comprehensive, and clear regulation on pediatric biobanking is needed at an international level to enable research. [ABSTRACT FROM AUTHOR]

This paper aims to determine the legal position of laws that use the omnibus method in the system of laws and regulations in Indonesia. The focus of the research focused on the legal position of laws using the omnibus method in terms of the provisions of Article 97A of the Law on the Establishment of Laws and Regulations. Using the normative juridical method through literature study, this paper concludes that with the characteristics of laws that use the omnibus method based on the regulations in Article 97A of the Law on the Establishment of Laws and Regulations, these provisions result in inconsistencies in norms with the provisions of the hierarchy of laws and regulations regulated by Article 7 paragraph (1) and paragraph (2), provision number 223 Annex II Law on the Establishment of Laws and Regulations, as well as deviating the principle of legal preverence, namely the principle of lex posterior derogate legi priori. The vagueness and inconsistency in the formulation of Article 97A norms results in legal uncertainty, thus contradicting the guarantee of legal certainty as mandated by Article 28D paragraph (1) of the NRI Constitution of 1945. [ABSTRACT FROM AUTHOR]

Court ethnographies have commonly relied on the physical presence of the ethnographers. This paper explores the opportunities and the challenges of conducting court ethnographies without this physical presence. Specifically, it examines what it means to conduct remote ethnographies of legal processes where neither the ethnographer nor the other hearing participants are physically co‐present. The sudden shift towards remote hearings in fieldwork conducted during the COVID‐19 pandemic presented an opportunity to compare in‐person and remote ethnographic methods. Through a case study of bail hearings in the immigration tribunal in the UK, this paper explores the value and challenges associated with conducting remote ethnographies and asks how they can help to shed light on the impact of absences in legal events. Court ethnographies have commonly relied on the physical presence of the ethnographers. This paper explores the opportunities and the challenges of conducting court ethnographies without this physical presence. Specifically, it examines what it means to conduct remote ethnographies of legal processes where neither the ethnographer nor the other hearing participants are physically co‐present. [ABSTRACT FROM AUTHOR]

This paper aims to determine the legal position of laws that use the omnibus method in the system of laws and regulations in Indonesia. The focus of the research focused on the legal position of laws using the omnibus method in terms of the provisions of Article 97A of the Law on the Establishment of Laws and Regulations. Using the normative juridical method through literature study, this paper concludes that with the characteristics of laws that use the omnibus method based on the regulations in Article 97A of the Law on the Establishment of Laws and Regulations, these provisions result in inconsistencies in norms with the provisions of the hierarchy of laws and regulations regulated by Article 7 paragraph (1) and paragraph (2), provision number 223 Annex II Law on the Establishment of Laws and Regulations, as well as deviating the principle of legal preverence, namely the principle of lex posterior derogate legi priori. The vagueness and inconsistency in the formulation of Article 97A norms results in legal uncertainty, thus contradicting the guarantee of legal certainty as mandated by Article 28D paragraph (1) of the NRI Constitution of 1945. [ABSTRACT FROM AUTHOR]

The richness and complexity of consent present challenges to those aiming to make related contributions to computer information systems (CIS). This paper aims to support consent-related research in CIS by simplifying the understanding of existing literature and facilitating the framing of future consent management research. Firstly, it outlines existing consent management research and shows how it relates to the literature in law and ethics. Secondly, it presents some fundamental explanations and definitions that must be considered for further contributions to the consent management literature. Thirdly, it identifies five types of consent-related stances often taken in the consent management literature and explains each in some detail. Fourth, it explains one of the identified types of stances (i.e., the disciplinary stance) by expanding on the links between consent as a legal construct and its ethical counterpart. Fifth, considering another of the identified types of stances (i.e., the theoretical stances normally adopted in the consent management literature), the paper presents the key requirements for legally and ethically effective consent management based on three prominent theories. Sixth, it presents the identified types of stances in a conceptual model, contending that the model is novel, relevant, understandable, and useful. [ABSTRACT FROM AUTHOR]

This paper starts with the increasing discussions on juridification in education. Concerning theorizing on such processes, we examine the poor implementation of the UN Convention on the Rights of Persons with Disabilities Convention on the Rights of Persons with Disabilities, CRPD (2008) in the school sector of Germany. The paper considers the reasons for this failed endeavor by analyzing the complex, multilevel relations between policy and law in different national and historical contexts. With this, aspects of juridification as a process in education policy can be illuminated. In this regard, we suggest crucial aspects regarding juridification in public education: a focus on regulative failures in juridification processes, juridification's contexts, the mandate for putting it into action, the allocation of resources, and finally, its objective and subjective rights dimensions, i.e. how an individual can claim rights within the machinery of public education. [ABSTRACT FROM AUTHOR]

The majority of the literature focused on whether consent should be extended to the adolescent population arises from themes adapted from American tort law. In contrast to the USA, Ontario does not delineate an age of consent for medical treatment and relying on American guidelines to guide practice in Ontario is problematic. While the literature is saturated with discussions for and against seeking adolescent consent, there are currently no bioethical guidelines on adolescent consent in the province of Ontario. This paper explores adolescent refusal of care and adolescent request for care in opposition to parental wishes. The paper seeks to answer the following questions: What is the difference between an adolescent and an adult in medical decision-making? What are the barriers to seeking adolescent consent? And, can the neurobiological argument be an accurate guide for obtaining adolescent consent? [ABSTRACT FROM AUTHOR]

The UN Decade on Ecosystem Restoration and the 2022 Kunming‐Montreal Global Biodiversity Framework both signal the urgent need to upscale restoration efforts worldwide. Facilitative policy and governance frameworks are critical to these efforts. However, the legal barriers to restoration have been historically understudied. This paper assesses the legal issues affecting the implementation of ecological restoration, synthesized across four broad themes: recognizing the role of law in supporting ecological restoration, the incompatibility of some existing laws with the purposes of ecological restoration, the need to clarify terminology, and the legal challenges for restoration at the landscape scale. It concludes by summarizing the key considerations from the literature to inform effective legal frameworks for ecological restoration and identifying areas for further research. [ABSTRACT FROM AUTHOR]

There is rapidly developing interest in legal coding, the development of machine-consumable code representations of legal rules. However, interpretive ambiguities inherent in legal rules make it challenging to directly translate law into code. Interpretive ambiguities pose challenges for legal coders, who must determine the extent to which they disambiguate rules, as well as the interpretive methods applied. Similar interpretive issues have been historically addressed in the field of legal translation. This paper argues that a legal translation framework, known as the principle of fidelity, can be used to better understand and resolve interpretive ambiguities inherent in the legal coding process. Three models of fidelity prominently discussed in legal translation literature are adapted and applied to legal coding. Accordingly, the application of fidelity models to the legal coding process could provide new understanding and methods to address complex interpretive ambiguities. [ABSTRACT FROM AUTHOR]

Poland is a case of a state in which the role of legislative bodies in the political system has been gradually reduced at the various levels – national, regional, and local. Recently, this process has been related to executive aggrandisement observed in Poland, but the roots of this phenomenon can be traced back to the political transformation of this country observed after 1989. At the national level, the deteriorating legislative role of parliament manifests itself in four general processes: (1) The executive power treats the Sejm (lower chamber) as a subordinate institution. This involves formally introducing laws forced by the government in the form of proposals written by members of parliament (MPs) (as a way to shorten the legislative process and limit public consultations required by law); (2) Speeding up of parliamentary works – the Sejm is treated as a voting machine and not as a forum where debates and discussion take place; (3) Public consultations are superficial and the regulatory assessment impact is minimal; (4) The influence of the opposition on legislative processes is reduced to almost zero. Similar processes can be observed at the regional and local levels. The subnational legislative bodies are often under the control of executives. Instances of voting with no or limited discussions (favouring the governing majority) can be sometimes observed during the sessions of local and regional councils. This paper analyses the weakening of the legislative function in Poland at different levels, using a qualitative approach and data from desk research, media analysis, in-depth individual interviews and focus group interviews. [ABSTRACT FROM AUTHOR]

This paper is concerned with exploring legal atmospheres during colonial expansionism and the early period of confederation of British Columbia. By describing the theatrical and performative aspects of legal colonialism, the archival documents from this time represent interesting, yet oft-overlooked, significances that attention to sensory and affective experiences captures. Examining "affective atmospheres" disclosed in such colonial settings reveals ways that the colonial regime promulgated its influence in non-rational, non-legal manners. As well, drawing out the material conditions of topography shows how the environment acts more than just a backdrop for the staging of legal expansionism, as it acts also as a constitutive force in the development of colonial legal arrangements. At the same time, the colonial regime was forgetful of these same contextual, topographical, and atmospheric origins of law insofar as it promulgated myths of the universality, objectivity, and superiority of English law. [ABSTRACT FROM AUTHOR]

On 1 August 2002, the Allahabad High Court in India, adjudicating the Ayodhya Case, ordered archaeological excavations by the central government agency Archaeological Survey of India (ASI) at the site of the demolished mosque Babri Masjid in Uttar Pradesh. The order marked a new moment for the convergence of law and archaeology in India, with archaeological knowledge being produced on judicial demand as evidence in a civil dispute. This paper argues that this marked the emergence of a hybrid episteme of archaeology-as-legal-evidence which redefines archaeology within the framework of law. It traces these tendencies by a close reading of three documents: the judgements of the Allahabad High Court and the Supreme Court in the Ayodhya Case and an order issued by a lower court in Varanasi, Uttar Pradesh on 8 April 2021 in the GyanVapi Case. I argue that the new role that archaeology is assuming in courtrooms in India is destabilising the standing of the ASI as the authority of archaeological knowledge and the protector of the nation's material past. It has also produced a category of assertive public that successfully demands production of archaeological knowledge towards ideological ends. [ABSTRACT FROM AUTHOR]

Appeals to the public interest in law are commonplace, but typically made without clarifying what the public interest is and how it can be determined. In law, this has led to ad hoc applications of the public interest and, consequently, to "judicial idiosyncrasy," posing a threat to legal certainty. This paper aims to remedy these problems by providing much‐needed conceptual clarification. It proposes that something is in the public interest if it increases the opportunities of the members of the public to pursue and realize the (permissible) ends they all share qua equal members of the public. [ABSTRACT FROM AUTHOR]

As both a marriage act and an immigration act, the Expatriation Act of 1907 restricted U.S. women's freedom of marriage by stating that marrying aliens would lead to loss of U.S. citizenship. To study the effects of the Expatriation Act, I conduct a statistical analysis using 1910 full-count U.S. census data. I find that the Expatriation Act of 1907 generated significantly negative effects on intermarriage between American women and foreign-born men, particularly noncitizens. In particular, I find that it was the citizenship, rather than men's non-U.S. origin, that accounted for the negative effects of the Expatriation Act of 1907 on intermarriage. These results show a decline in male immigrants' marital assimilation, and potentially social and economic assimilation. As for the magnitude, the effects were large: the decline in intermarriage was at least 15 percent relative to the pre-Act intermarriage rate. Besides these main results, selective emigration to Canada and Europe driven by intermarriage cannot explain the main empirical results of the paper. The Expatriation Act of 1907 also had no significant effects on women's entry into the marriage market. Finally, the effects of the Expatriation Act of 1907 on intermarriage were heterogeneous by family immigration background, but less so by geographic region. [ABSTRACT FROM AUTHOR]

Physicians generally recommend that patients resuscitated with naloxone after opioid overdose stay in the emergency department for a period of observation in order to prevent harm from delayed sequelae of opioid toxicity. Patients frequently refuse this period of observation despiteenefit to risk. Healthcare providers are thus confronted with the challenge of how best to protect the patient's interests while also respecting autonomy, including assessing whether the patient is making an autonomous choice to refuse care. Previous studies have shown that physicians have widely divergent approaches to navigating these conflicts. This paper reviews what is known about the effects of opioid use disorder on decision-making, and argues that some subset of these refusals are non-autonomous choices, even when patients appear to have decision making capacity. This conclusion has several implications for how physicians assess and respond to patients refusing medical recommendations after naloxone resuscitation. [ABSTRACT FROM AUTHOR]

In the introduction to her influential work on Asian American cultural studies and feminist materialist critique, Immigrant Acts: On Asian American Cultural Politics, Lisa Lowe shatters the contradictions manifested in Asian immigration, wherein Asians' entry into the United States marked them either as marginalized from "within" the national political sphere or as linguistically, culturally, and racially "outside" of the national polity For Asian immigrants, the debate of being simultaneously needed and excluded is no more evidenced historically than using Chinese labor during the California Gold Rush in the mid-nineteenth century. Their migratory relocation was hardly met with ease and public enthusiasm, however. Evoking anxiety in their Anglo counterparts, the Chinese were characterized as foreign noncitizens: barbaric, alien, and dangerous, the quintessential "yellow peril" threatening to displace white European immigrants such as the Irish. The irrational fear of the "Oriental" from the Far East led to a succession of immigration exclusion laws passed by Congress that denied the Chinese from entering the U.S. and their rights to naturalization in 1882. Passed by Congress and signed by President Chester A. Arthur, the 1882 Chinese Exclusion Act suspended the entry of Chinese laborers into the U.S. based on their nationality for ten years. This paper argues that the possibility of agency for Chinese workers existed throughout the exclusionary period. Specifically, this site of agency resides with Chinese women and is expressed through a literary mode. For instance, Lin Yutang's Chinatown Family (1948) captures this moment of immigrant agency in the post-exclusion era. Lin, a pioneering Chinese writer and inventor who wrote texts such as My Country and My People (1935), The Importance of Living (1937), and Moment in Peking (1939), often utilized his narratives to bridge the clash between the East and West. Identifying what I see as the inadequacy of probing one of the earliest Chinese American texts from a rigid literary mode, I move to reconsider the novel as a legal counternarrative to the three exclusionary laws: the Page Law of 1875, the Chinese Exclusion Act of 1882, and the Cable Act of 1922. To direct my critical reorientation of Lin's novel away from, though not necessarily against, literary castings of this early immigrant tale, I take the narrative as a strategic literary re-imagination that structures itself around these three legislative pieces to critique restrictive practices enacted upon the Chinese. The novel showcases how Chinese immigrants maneuvered and manipulated the legal system in their favor during assimilation. In this context, critical reappraisal is needed in scrutinizing how the Exclusion Act generated a wave of domestic-based diasporic relocation of Chinese workers from California to New York. Due to acute anti-Chinese sentiments on the West Coast, resetting Chinese workers in the northeast in search of a new Gold Mountain led to a unique phenomenon. This dispersal elevated Chinese women as valuable social capitals who transformed metropoles like New York City and redefined their views as nationalist subjects of the "about-to-be" in industrial capitalist modernity. Through a legal framework, then, Lin's portrayal of the Fong clan suggests the emergence of a gendered Sino-immigrant agency, one that enabled the Chinese woman/mother to situate herself as the locus of the traditional patriarchal Chinese entrepreneurial family and the forefront of the northeast industrial capitalist scene. [ABSTRACT FROM AUTHOR]

Environmental health remains a niche topic in bioethics, despite being a prominent social determinant of health. In this paper we argue that if bioethicists are to take the project of health justice as a serious one, then we have to address environmental injustices and the threats they pose to our bioethics principles, health equity, and clinical care. To do this, we lay out three arguments supporting prioritizing environmental health in bioethics based on bioethics principles including a commitment to vulnerable populations and justice. We also highlight and advocate for environmental law efforts that align with these priorities, focusing specifically on the need for a right to a healthy environment. Our intention is to draw attention to the legal and ethical concepts that underlie the importance of a healthy environment, and urge bioethicists to prioritize both legal and ethical advocacy against environmental injustices in their practice. [ABSTRACT FROM AUTHOR]

Objective: Governments use vaccination mandates, of different degrees of coerciveness, to encourage or require childhood vaccination. We elicited the views of well‐informed community members on the public acceptability of using childhood vaccination mandates in Australia. Methods: Four community juries were conducted in Canberra, Launceston, Cairns and Melbourne, Australia between 2021 and 2022. We recruited 51 participants from diverse backgrounds, genders and ages through random digit dialling and social media. Two juries were held in metropolitan areas, and two in regional/rural settings. Outcome measures included jury verdicts and reasons in response to structured questions. Results: All juries were concerned about collective protection and individual rights but prioritised the former over the latter. A majority in all juries supported mandates but juries disagreed with respect to the appropriate mandate types. All juries endorsed using the least restrictive or coercive means to encourage vaccination (providing incentives or education, e.g.) before imposing penalties such as financial losses and school exclusions. The overriding view was that it is fairer to place a direct burden on parents rather than children and that mandates should be designed to avoid inequitable impacts on less advantaged groups in society. Many jurors found conscientious objection acceptable as a controlled option for resolute refusers, provided that overall vaccination coverage remains high. Conclusion: This paper gives policymakers access to the reasons that Australians have for supporting or opposing different mandates under conditions of high knowledge, understanding and deliberation regarding policy options. Sustaining high rates of vaccination requires high levels of co‐operation between governments, public health actors and the public. Our findings highlight the importance of considering public values in the design and implementation of vaccination mandates. Patient and Public Involvement: We sought input from individuals who did and did not vaccinate during the study design. The views and perspectives of nonvaccinating parents were presented in the evidence to juries. We deliberately excluded nonvaccinating individuals from participating, as the divisive and often hostile nature of the topic, and their minority status, made it difficult to ensure they would feel safe as members of the jury without overrepresenting their perspective in the sample. Two related projects engaged directly with these parents. [ABSTRACT FROM AUTHOR]

This paper gives an account of the most significant elements of Derrida's ethical thought, drawing on the desert of the Hebrew Bible, which Derrida associates with a moral law that is ethically troubling. Partly with reference to Kierkegaard's account of the story of Abraham and Isaac, Derrida examines how ethical law can become subordinate to the sovereignty of the power apparently at the source of ethics which may then destroy moral law. The political equivalent of this is the decision proposed by Carl Schmitt, drawing on Kierkegaard. Derrida's famous statement that "deconstruction is justice" is the recognition that justice, and ethics in general, is caught between the formality of law and the violence of the sovereign power. One outcome of this is sacrifice as substitution, where ethics becomes recompense for violation through sacrifice. Sacrifice is the offering of a substitute. The substitution becomes repeated and itself is then the source of violence contravening some sense of ethics. Derrida's attempts to escape from these deserts include a poetics which recognises the subjective and the aesthetic in the interpretation of law. It also includes the development of a form of sacrifice which is the individual responding to violation in an individualised way which cannot be substituted. [ABSTRACT FROM AUTHOR]

Towards a visual verdict? The effect of visual features on the comprehensibility of a court ruling: We investigated whether a written court ruling printed on paper, as published on www.rechtspraak.nl and written and rewritten in understandable language, is better understood by non-litigant readers with no legal education if visual features (such as typography, images and color blocks) are added to that ruling. First an existing court ruling (V1) was rewritten in understandable language. Then two visual versions of this rewritten ruling were developed. In one version (V2a) the structure of the text was made visual using typography. In the other version (V2b) images, icons and color (blocks) were added to V2a. These versions were tested for understandability and compared with the original version (V1) by means of a questionnaire survey amongst 219 readers with varying levels of education who answered questions regarding the text comprehension of one of the three versions. Analysis of the results shows that the visual version V2a is the most understandable for the non-highly educated group: it was this version that received significantly more correct answers than the original (V1). Regarding the highly educated group, there were no significant differences in the number of correct answers among the three versions: each version was understood (equally) well. [ABSTRACT FROM AUTHOR]

Pharmaceutical sector corruption undermines patient access to medicines by diverting public funds for private gain and exacerbating health inequities. This paper presents an analysis of UN Convention Against Corruption (UNCAC) compliance in seven countries and examines how full UNCAC adoption may reduce corruption risks within four key pharmaceutical decision-making points: product approval, formulary selection, procurement, and dispensing. Countries were selected based on their participation in the Medicines Transparency Alliance and the WHO Good Governance for Medicines Programme. Each country’s domestic anti-corruption laws and policies were catalogued and analysed to evaluate their implementation of select UNCAC Articles relevant to the pharmaceutical sector. Countries displayed high compliance with UNCAC provisions on procurement and the recognition of most public sector corruption offences. However, several countries do not penalise private sector bribery or provide statutory protection to whistleblowers or witnesses in corruption proceedings, suggesting that private sector pharmaceutical dispensing may be a decision-making point particularly vulnerable to corruption. Fully implementing the UNCAC is a meaningful first step that countries can take reduce pharmaceutical sector corruption. However, without broader commitment to cultures of transparency and institutional integrity, corruption legislation alone is likely insufficient to ensure long-term, sustainable pharmaceutical sector good governance. [ABSTRACT FROM AUTHOR]

The profound changes in Earth systems dynamics are affecting the health of the entire planet and the realization of a broad range of human rights. In this paper, we propose that the grand narrative of human rights including the legal right to a clean, healthy and sustainable environment recognized by the United Nations in 2022 requires the acknowledgment of the interconnected challenges posed by planetary crises. We discuss how planetary boundaries (PB) research can provide evidence-based arguments and clarify State duties concerning their international human rights law commitments. The economic, social and cultural rights are deeply connected with the right to a healthy environment. Human rights to water, food, or health, for example, can all be understood in the context of Earth systems change. Civil and political rights go beyond individuals to include also collective action and participation to tackle planetary social-ecological challenges. Gaps remain in human rights law concerning some of the PBs, which risks overlooking the interconnected drivers of ecosystem degradation. Clearer legal standing and justification for legal demands, for example concerning the impacts of water use, land use and deforestation, are needed to tackle PB overshoot. States must act at various spaces including the global economic systems and the global supply chains of goods and services for humanity to reach planetary safe and just spaces. Weaving international human rights law and advances at various geographical scales on the right to a healthy environment with PB provides a powerful tool for defending the prerequisites of good life for everyone, everywhere. [ABSTRACT FROM AUTHOR]

In the Greek region of Thrace, the category of Muslim "Minority" citizen has long had social and legal consequences. But is it possible to evade minority status by avoiding recognition as a Muslim? This paper analyzes two representations of "passing" – attempts to access majority status or rights by avoiding classification as Muslim. The first, a Greek TV drama, depicts a young man's social passing as he struggles to conceal his Minority identity. The second – an example of legal passing – depicts a man avoiding legal classification as a Muslim to have his estate administered under Greek civil rather than Islamic inheritance law. Analyzing "passing" across these contexts illuminates anxieties around minority legibility and how legal and social practices intersect to regulate identity and rights. This analysis problematizes how popular culture representations may unsettle or reinforce the idea of Muslims as a discrete, separately administrable, population of citizens. [ABSTRACT FROM AUTHOR]

Research Objectives: a) To find out and analyze the Legal Arrangements for Customer Personal Data Protection in banking mobile banking services are still happening to the detriment of customers. b) To find out and analyze the Bank's Responsibility for the Confidentiality of Customer Personal Data in accordance with Law no. 27 of 2022. The method applied in this legal research is the study of normative juridical research methods, which refers to substance research from laws and regulations, books, journals and papers as well as other jurisprudence. However, this research is also based on empirical research where the data is taken from field studies. As a result, the theory of legal protection and legal certainty has a close relationship in legal regulation to the protection of customer personal data in mobile banking services. Legal protection theory emphasizes the importance of protecting human rights, including the right to personal data protection. The right to personal data protection is a human right guaranteed by the Constitution of the Republic of Indonesia Year 1945 (UUD 1945) Article 28G Paragraph (1). [ABSTRACT FROM AUTHOR]

This paper examines a patient with borderline mental capacity, where the healthcare team is conflicted about how to proceed. This case demonstrates the complicated intersection between undue influence and mental capacity, allowing us to explore how the law is applied in clinical practice. Patients have the right to decline or accept medical treatments offered to them. In Singapore, family members perceive a right to be involved in the decision-making process for sick and elderly patients. Elderly patients, dependent on mainly family members for care and support, sometimes submit to their overbearing influence resulting in decisions that fail to protect the patients' own best interests. However, the clinicians' own well-intentioned influence, driven by a desire for the best medical outcome can also be undue, and neither influence should seek to be a substitution for the patient's decision. Following Re BKR [2015] SGCA 26, we are now obliged to examine how mental capacity can be affected by undue influence. A lack of capacity can be found when a patient fails to appreciate the presence of undue influence or is susceptible to undue influence due to their mental impairment causing their will to be overborne. This then paves the way for the health care team to decide based on best interests, because the patient is determined to be lacking in mental capacity. [ABSTRACT FROM AUTHOR]

Simple Summary: Existing cross-cultural research on animal welfare often overlooks the way that policy and law are not the exclusive domain of central government. This can result in an over-simplification or misrepresentation of the true situation. The political culture and institutional arrangements for governing the modern state are more complex than a "one-size-fits-all" approach. It is argued that cross-cultural research needs to give greater attention to differences within as well as between unitary states. Specifically, it needs to examine developments in constituent nations and territories. Here we illustrate this by drawing on new research in the United Kingdom, and examine how 'devolution'—or decentralized government for Wales and Scotland—is providing contrasting opportunities for NGOs, campaigners, and the public to lobby to improve animal welfare policy based on local practices, beliefs, and demands (collectively known as the "political culture"). Our findings show how this is important because it results in contrasting animal welfare policies and laws in the constituent nations of the UK. It is argued that extant cross-cultural research on animal welfare often overlooks or gives insufficient attention to new governance theory, civil society, politics, and the realities of devolved or (quasi-)federal, multi-level governance in the modern state. This paper synthesizes relevant social theory and draws on new empirical findings of civil society accounts of campaigning on animal welfare policies and law in the United Kingdom. It is presented as a corrective to arguably reductive, earlier unitary state-based analyses. Our core, evidence-based argument is that cognizance of civil society activism and the contrasting institutional governance structures and political cultures of constituent nations in unitary states—such as the UK—are providing opportunities for the territorialization of legally grounded animal welfare regimes, and culturally distinctive practices. [ABSTRACT FROM AUTHOR]

The paper responds to the exegetical view that the argumentation of Gal 3.10 employs a suppressed praemissa minor (ʻthe Torah cannot be fully observed') and argues against the thesis of P. C. Moore, according to which the words taken up in 2.16c from Ps 143(142).2 do in fact provide exactly this premise. Not least the sequence of the particles γάρ, (ὅτι) δέ, ὅτι and δέ in Gal 3.10b, 11a, 11b, 12a draws attention to a more probable scenario: Paul argues in 3.10–12 by means of two syllogisms, and he uses premises secured by biblical formulations (from Deut 27.26; Hab 2.4; Lev 18.5). [ABSTRACT FROM AUTHOR]

In this paper I argue that there is a structural parallelism between law and physics in Leibniz since his early years, which has significant influence on the formation of his views. I start by examining Leibniz's early physical system and an analogy with juridical laws that he uses to explain the structure of physical laws. Then, I argue that this analogy stems from an envisioned parallelism between law and physics. Finally, I illustrate the significance of this legal-physical parallelism by arguing that it underlies some of Leibniz's mature views. Most importantly, I argue that the parallelism explains the origin of architectonic principles or optimality principles in Leibniz's mature physics. [ABSTRACT FROM AUTHOR]

This special issue on Logic and Law consists of four research papers and one interview focusing on epistemological reflections on relationships between logic and law, whether in a reductionist or complementary approach. Logic aims to elucidate through formal frameworks, yet it often grapples with the intricate nuances of everyday legal discourse. While law endeavors to delineate permissible conduct within defined jurisdictions, it often encounters challenges stemming from the ambiguity of terms, leading to frequent judicial interpretations and the perception that proliferating exceptions undermines the efficacy of the rule itself. [ABSTRACT FROM AUTHOR]

Healthcare organizations have realized that Artificial intelligence (AI) can provide a competitive edge through personalized patient experiences, improved patient outcomes, early diagnosis, augmented clinician capabilities, enhanced operational efficiencies, or improved medical service accessibility. However, deploying AI-driven tools in the healthcare ecosystem could be challenging. This paper categorizes AI applications in healthcare and comprehensively examines the challenges associated with deploying AI in medical practices at scale. As AI continues to make strides in healthcare, its integration presents various challenges, including production timelines, trust generation, privacy concerns, algorithmic biases, and data scarcity. The paper highlights that flawed business models and wrong workflows in healthcare practices cannot be rectified merely by deploying AI-driven tools. Healthcare organizations should re-evaluate root problems such as misaligned financial incentives (e.g., fee-for-service models), dysfunctional medical workflows (e.g., high rates of patient readmissions), poor care coordination between different providers, fragmented electronic health records systems, and inadequate patient education and engagement models in tandem with AI adoption. This study also explores the need for a cultural shift in viewing AI not as a threat but as an enabler that can enhance healthcare delivery and create new employment opportunities while emphasizing the importance of addressing underlying operational issues. The necessity of investments beyond finance is discussed, emphasizing the importance of human capital, continuous learning, and a supportive environment for AI integration. The paper also highlights the crucial role of clear regulations in building trust, ensuring safety, and guiding the ethical use of AI, calling for coherent frameworks addressing transparency, model accuracy, data quality control, liability, and ethics. Furthermore, this paper underscores the importance of advancing AI literacy within academia to prepare future healthcare professionals for an AI-driven landscape. Through careful navigation and proactive measures addressing these challenges, the healthcare community can harness AI's transformative power responsibly and effectively, revolutionizing healthcare delivery and patient care. The paper concludes with a vision and strategic suggestions for the future of healthcare with AI, emphasizing thoughtful, responsible, and innovative engagement as the pathway to realizing its full potential to unlock immense benefits for healthcare organizations, physicians, nurses, and patients while proactively mitigating risks. • This study categorizes AI applications in healthcare and analyzes their deployment challenges at scale in medical practices. • The paper emphasizes a cultural shift to view AI as a healthcare delivery enhancer and job creator, not a threat. • To integrate AI, investments in finance and human capital, continuous learning, and a supportive environment are needed. • Clear regulatory frameworks should be developed to build trust, ensure safety, and guide the ethical use of AI in healthcare. • The study provides strategic suggestions for responsible AI use in healthcare to maximize benefits and minimize risks. [ABSTRACT FROM AUTHOR]

This paper examines the conflicts and challenges faced by women managers in Japan following the introduction of a new law in 2020 which merely obliges employers to take preventive measures against workplace bullying and pawahara (power harassment), but does not stipulate any criminal punishment for corporations or individuals responsible for workplace harassment, or the specific grounds for victims to have the right to claim damages. Cases are left to be disputed and decided in a costly and complicated process of arbitration, which could further exacerbate the precarious position of vulnerable workers, including women managers who are not only a small minority, but many are also marginal players in the workplace where job promotions do not enhance their participation in corporate decision-making. This paper elucidates how the new law ironically enables employers to legitimize discriminatory practices and acts of harassment against women, with serious, long-term ramifications on the emotional and mental health of these workers, as well as on the gendered workforce in Japan amidst global trends towards improving gender equality. [ABSTRACT FROM AUTHOR]

Throughout human history, all new technology has been met with surprise, anxiety, panic, and – eventually – prudent adoption of certain aspects of specific technological advances. This pattern is evident in the histories of most technologies, ranging from steam power in the nineteenth century, to television in the twentieth century, and – now – 'artificial intelligence' (AI) in the twenty-first century. Each generation believes that the technological advances of its era are quantitatively and qualitatively different to those of previous generations, but the underlying phenomenon is the same: the shock of the new, followed by more gradual adjustment to (and of) new technology. These concerns are apparent today in relation to AI, which reflects interesting but incremental advances on existing technologies, rather than stand-alone developments. The usual concerns with all technologies (e.g., that they will replace certain aspects of human function) are, perhaps, more concerning in fields such as mental capacity law, which often applies to people with impaired decision-making capacity who might be especially vulnerable to technologies which appear capable of encroaching disproportionately on decision-making or other areas of core human function. This paper approaches this topic from an historical standpoint, noting both previous technological panics in the past and the possibilities offered by AI today, provided it is approached in a proportionate, prudent, and person-centered way, underpinned by appropriate ethical guidance and active ethical awareness in clinical and legal practice. [ABSTRACT FROM AUTHOR]