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For many political constitutionalists, the ordinary democratic process should be the constitution; constitutional entrenchment and strong-form judicial review should be avoided. But how is ordinary democratic politics understood by political constitutionalists? To answer this question, this article engages in an interpretative inquiry to delineate four distinct ideological readings of political constitutionalism—democratic socialist, liberal, republican and conservative—that are alive within the existing literature. It does so to explain how these readings articulate subtly different understandings of ordinary democratic politics. In doing so, it reflects on how to identify political constitutionalist thought; how political constitutionalism can appeal to different ideologies; how ideologies have influenced the theory's intellectual development; and the ideological conditions required to sustain a political constitution. [ABSTRACT FROM AUTHOR]

Aiming to address harmful impacts of transnational business operations, legislation requiring companies to exercise human rights and environmental due diligence is on the rise in several jurisdictions. This article examines the EU Corporate Sustainability Due Diligence Directive (CSDDD) and its obligations on large companies domiciled or operating in the EU to cascade demands drawn from international soft law onto business partners, including those in third countries, as examples of transnational law. Emphasising the international law origin of the risk-based due diligence approach, it demonstrates that the CSDDD fits the understanding of transnational law as being public law, targeting private actors, concerned with human rights and the environment in the context of business operations, and inducing companies to advance the normative ideals drawn from international law through private forms of law targeting value chains operations. Moreover, it outlines implication for evolving transnational law theory to accommodate the proliferation of such laws. [ABSTRACT FROM AUTHOR]

In this article, we study the fragmented approach of two Indian statutes, namely, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 (“FRA 2006”) and the Geographical Indications of Goods (Registration and Protection) Act 1999 (“GIA 1999”). The article critically examines the labour law approach under the FRA 2006 and intellectual property ownership under the GIA 1999 with a specific focus on the production and commercialization of non-timber forest produce. The analysis leads to an argument for an integrated approach that starts with recognizing the agency of the communities, followed by guaranteeing protections under the labour rights approach and integrated protection through GIs. The integrated approach would facilitate cooperative experiments that go beyond strict private and public law distinctions. This can offer sustainable livelihood opportunities for forest-dwelling communities. [ABSTRACT FROM AUTHOR]

The transfer of residence (aka child removal) when domestic abuse is a factor appears to have increased as a practice to resolve challenging child arrangements in public and private law proceedings. Minimal data exists regarding the transfer of residence in public law and the number of private law orders made each year is less clear. Serious concerns about the safety of the family courts continue to be raised, including expert reports recommending the transfer of residency. Following, often harrowing, removals mothers report how they are left to manage complex needs while still being expected to ‘fight’ for their child’s return. In 2022, Project Lighthouse was founded in response to the growing population of mothers who have endured domestic abuse and child removal The charity is beginning to understand the impact and lifelong trauma caused by child removal and, often, is a mechanism of coercive control hidden in plain sight of the family court. Focusing mainly on doctoral and peer research, this paper discusses how mothers’ lived experiences suggest that child removal in private law proceedings is increasing. The paper concludes by calling for urgent research focusing on the impact of child removal, which will help increase much needed awareness. [ABSTRACT FROM AUTHOR]

The article discusses the case of A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co Ltd, focusing on the interpretation of statutory requirements and the consequences of non-compliance. It highlights the importance of determining Parliament's intent in cases of procedural errors, emphasizing the need for a nuanced analysis rather than rigid distinctions between mandatory and directory requirements. The Supreme Court's judgment in this case clarifies that the same analytical framework should be applied across all areas of law, regardless of whether they concern public or private law rights. The article also points out the potential for increased disputes over the effects of non-compliance due to the lack of specific consequences outlined in statutes, urging for clarity in legislation to prevent such disputes. [Extracted from the article]

The contribution deals critically with the issue of citizenship and children's rights, identifying a silent void starting from the change we have witnessed with the progressive questioning of the principles, secular, and religious, of adult authority and the sacrosanct affirmation rights of minors and their defence against violence and abuse. This questioning, for example in Italy, took the form of the abolition of the concept of patria potestatis, replaced with that of parental responsibility. However, looking at the juridical, pedagogical, and children's literature, it seems that in the face of numerous publications which speak of children's rights, very few are those that deal with the theme of (any?) the duties of minors. [ABSTRACT FROM AUTHOR]

IMPACT: This article investigates the autonomy and control of municipally owned corporations (MOCs) in the context of two centralized states: Turkey and Israel. It identifies the strategic and operational autonomy of MOCs, referring to logics of appropriateness and consequentiality explanations for factual autonomy. The study emphasizes the hybrid nature of most MOCs, subject to both private and public law. It proposes a new typology based on MOCs' legal structures to address limitations of current typologies. The comparative analysis using the new typology provides nuanced understanding of MOC autonomy in centralized states and equips practitioners with insights that can lead to tangible improvements. Results may steer further comparative research to identify broader patterns of control in MOC governance. They also provide practitioners and policy-makers with insights on fostering more efficient and effective MOC governance, and proposing evidence-based policy recommendations that balance the autonomy and control of MOCs. Corporatization of local government is a common practice in centralized states, where municipally owned corporations (MOCs) can increase local autonomy and generate independent municipal revenue. The authors' comparative analysis of MOC autonomy in Turkey and Israel shows that, in traditional service areas, public accountability is prioritized over performance in MOCs. The traditional distinction between MOCs based on public law and private law was found to be inadequate, as most MOCs are hybrid and subject to both public and private law. The findings highlight the importance of central government control as a key driver behind MOC autonomy formation. This research contributes to the agency, local government and MOC literatures by introducing a new MOC typology based on factual autonomy which can be operationalized to study cross-sectional and cross-sectoral patterns for MOC autonomy. [ABSTRACT FROM AUTHOR]

One of the priority tasks of reforming law enforcement agencies is to build a preventive mechanism based on the observance of human and civil rights and freedoms, protection of society from violence and discrimination, and creation of barrier-free space for people with limited mobility. The multidimensional nature and complexity of the issues requiring statutory regulation in these areas determine the relevance of the subject under study. The purpose of this study was to model the administrative legal mechanism of police activity in which human rights would be optimally and effectively implemented. To fulfil this purpose, the methodology used included a combination of comparative rule-making, system analysis, internal and external induction, constructive cognition and content analysis. It was found that the observance of human rights in police activities is inextricably linked to the implementation of the rule of law and the provision of protective police services. Numerous cases of violations revealed during journalistic investigations and widely discussed by the public have become one of the reasons for the rapid decline in public trust in state law enforcement institutions, and as a result, a substantial obstacle to Ukraine’s integration into the European space. The study analysed the key reasons affecting the effectiveness of administrative legal strategies for ensuring a human rights-based approach in the practical activities of the National Police bodies (units). Specifically, these include transition processes related to the harmonisation of national legislation with international and European standards, low level of material and social security of police officers, insufficient level of professionalism, influence of negative environment, narrow understanding of administrative legal activities in the field of human rights related to the prevention of administrative and criminal offences. The study concluded that the principles of the rule of law, respect for human rights and freedoms and partnership-based interaction with the public are crucial and interrelated in the preventive activities of police. The study outlined the key areas of improvement of national legislation in the field of development and/or optimisation of administrative legal systems for ensuring the functioning of organisational, technical, information, and economic resources as guarantees of the implementation of the declared constitutional rights and freedoms. The results of this study can be used to formulate and improve the norms of national legislation that regulate the activities of law enforcement agencies and determine the content of its guidelines

The relevance of the subject under study lies in the fact that under martial law, the problem of robberies against citizens’ homes is exacerbated, specifically, their danger increases due to the greater probability of members of an organised criminal group having firearms than in peacetime. The purpose of this study was to identify the characteristics of robberies against residential premises in rural areas committed by organised groups, to establish the factors which influence the choice of the victim of a future attack by the perpetrators, and to identify preventive measures to reduce the commission of such crimes. To address these issues, the study employed a set of methods of scientific cognition: systemic-structural, comparative, statistical, and systemic. The study found that a characteristic feature of such attacks is that they are committed by a group consisting mainly of fellow villagers with internally stable, long-term, trusting relationships, with a willingness to systematically commit violent crimes against individuals. They are characterised by a hierarchy and preparation for robberies in rural areas. It was established that during preparation for a robbery, to obtain the necessary information, offenders often study the routes of the village, find out information about its inhabitants, and select a victim. They can even speak directly to the potential victim and/or their neighbours. Therefore, interviewing villagers during the investigation of such a criminal offence is a significant step in identifying the perpetrators. The study identified factors that influence the commission of robberies in rural areas (presence of valuable property of the victim; remoteness of their residence, absence of neighbours; planned power outages, physically vulnerable person, etc.). To commit attacks on people’s homes in rural areas, attackers choose several villages in relatively familiar areas, which may be located in one region or in another region with which they border. It was noted that this complicates the work of law enforcement agencies in investigating this type of crime. The practical value of this study lies in the consideration by law enforcement officers of the theoretical results of this study regarding the impact on the choice of victims by criminals and the established characteristics inherent in such robberies

The relevance of this study lies in the fact that the legal systems of states that recognise and enforce the rule of law are increasingly subject to integration influence: the general requirements of rule-making are unified and ensured by the common obligations of the member states of international communities. The purpose of this study was to conduct a logical and legal analysis of legal reservations as a means of designing (constructing) legal norms to fulfil the purpose of the principle of legal certainty in national legislation. The study employed various methods of scientific cognition, including axiological, analytical, systemic, special legal, hermeneutical, logical, modelling, etc. The use of these methods has provided the basis for the scientific hypothesis regarding the composition of the principle of legal certainty and the nature of legal reservations. The study summarised that the principle of legal certainty as a component of the rule of law is based on the concept of predictability, which is achieved by ensuring clarity, unambiguity, and comprehensibility of legal provisions, and completeness of their content in the normative forms of national legislation. It was found that the requirements of the legal certainty principle can be met by applying a unified technique of rule-making, structuring, and formulation of regulatory provisions, where legal reservations are given a significant importance. The study identified and characterised the crucial features of legal reservations through understanding them as an element of rule- making technique in fulfilling the purpose of the European principle of legal certainty. The study outlined the essential properties of legal reservations and general requirements to them. The legal reservations are defined in the rules of law of national legislation as an element of rule-making technique, the content of which is determined by the social purpose of law. The study proved that they take the form of linguistic constructions, specify the purpose of a legal provision and the limits of its effect, and ensure the accuracy and predictability of a regulatory prescription. The findings of this study are of practical significance, as they can be used in research – for further investigation of topical issues of rulemaking technique, in lawmaking work – in the development of regulations

As of 2024, the use of alternative dispute resolution is becoming increasingly relevant caused by the complicated access to justice due to martial law. The purpose of this study was to analyse the historical experience of using negotiations in Ukraine from the Middle Ages to the present day and to identify the vectors for further development of this institution. Both general scientific and special scientific methods were employed: formal legal and comparative legal methods. It was found that the term “negotiation” can be used in several meanings: 1) the process of reaching an agreement; 2) the stage of court proceedings; 3) the stage of mediation, conciliation, or other methods of alternative dispute resolution; 4) a separate method of alternative dispute resolution. As the times of Kyivan Rus, the Ruska Pravda prescribed an analogue of negotiations – the replacement of blood revenge with a payoff; in the 16th-century Lithuanian statutes, the negotiation process was called “unity”. The “Rights by which the Little Russian people are judged” of the mid-18th century defined two forms of documents drafted as a result of negotiations: a conciliation agreement (without the participation of mediators) and a conciliation verdict (with the participation of mediators). During the Soviet era, legislation tended to establish the right to judicial protection depending on the previous use of alternative dispute resolution. However, since Ukraine’s independence, this trend has changed, and the law now prescribes the right of everyone to choose how to protect their rights. Further vectors for the development of the institution of negotiations in Ukraine may include the introduction of various types of platforms for remote participation in the negotiation process, as well as the development of the legal framework towards detailing negotiation procedures. The findings of this study can be used in teaching disciplines of the historical and legal cycle in higher education institutions of Ukraine, as well as for further forecasting the development of this institution and its improvement

The intensification of legal development, increased interpenetration of legal systems, and transformation of legal and state phenomena in the context of globalisation and integration processes necessitate the investigation of the nature of judicial lawmaking and judicial reform and their correlation. The purpose of this study was to theorise the relationship between judicial lawmaking and judicial reform. This study was based on the historical, formal legal, and comparative methods employed in the context of natural law, positivist, sociological approaches, integrative type of legal understanding, theories of lawmaking and justice. The principal findings of this study lie in substantiation of a series of theoretical provisions on judicial lawmaking and judicial reform. It was found that the legal nature of judicial lawmaking is profound and multifaceted. Judicial lawmaking and judicial reform are closely interrelated. One of the manifestations of this interaction is that the introduction of judicial lawmaking is a task, vector, or result of judicial reform. The study proved that judicial lawmaking is a significant achievement of judicial reform, and not a side effect of the transformation of the judicial system. Judicial lawmaking is an essential factor that substantially affects judicial reform in material, procedural, and organisational aspects. Judicial reform, as an independent type of state transformation, is a crucial area of state- building and is aimed at transforming justice into a fair mechanism for resolving legal conflicts and disputes based on the rule of law. With each stage of judicial reform in Ukraine, the need for official recognition of judicial lawmaking becomes more urgent. The 2016 judicial reform did not positively resolve this issue. As of 2024, the need to introduce judicial lawmaking is mostly recognised at the doctrinal level, but the legislating body denies it, although there are various manifestations of the applied use of the lawmaking potential of courts in the national legal system of Ukraine. The practical value of the findings is that the highest authorities of Ukraine can use them to improve the efficiency of lawmaking, justice, and the transformation of the judicial system

The significance of this study lies in recognizing the crucial role grants play within the social fabric of Indonesian communities. Despite their importance, grants, particularly in the context of land inheritance, often pose challenges, leading to complications such as the potential for withdrawal or annulment. This research aimed to dissect and comprehend the legal ramifications of verbal agreements made prior to the formulation of a grant deed, especially focusing on how such agreements influence the withdrawal of land ownership rights, as illustrated by the decision of the Kupang High Court (Case No. 23/Pdt/2017/PT.KPG). Employing a normative legal research approach, this investigation delves into secondary data and legal literature to interpret the law both as it is written and as it governs societal behavior. A comparative analysis of similar cases provides additional insights, revealing how varying interpretations of verbal agreements can impact the enforceability of grant deeds across different jurisdictions. This study proposed a detailed analysis, asserting the necessity for clearly defining real evidence in the form of authentic deeds. These deeds serve not only as conclusive proof of land ownership but also as a foundational element for any modifications to such ownership, premised on the mutual consent and responsibilities undertaken by both the grantor and grantee during the deedʼs creation. The grant deed emerges as a pivotal document, ensuring the granteeʼs rights over the land, predicated on the lawful acts executed by both parties involved in the transaction. By exploring these aspects, the research offers insights into enhancing the legal framework surrounding grants, aiming to mitigate the issues arising from oral agreements in land transactions

The right to work is one of the fundamental human rights guaranteed by international documents and the constitutions of most countries, including Ukraine. However, the conditions and restrictions relating to the right to work under martial law may change. Due to the constant threat to Ukraine’s independence, as well as to the lives and health of its citizens, the regulation of labour relations is substantially different from peacetime, which requires scientific substantiation. The purpose of this study was to outline the key provisions of labour law relating to the person’s exercise of the right to work according to the social and legal vector of the state’s activities under the legal regime of martial law. The study demonstrated the significance of ensuring stability and security under martial law but emphasised the temporary nature of restrictive measures. The importance of maintaining a balance between the interests of employers and employees was substantiated, as well as the development of labour legislation to accommodate the specifics of the situation during a military conflict. Human rights may not be violated in either peacetime or wartime. On the contrary, the state should create conditions for the free development of labour and the fulfilment of human potential. Based on formal legal analysis of wartime legislation of Ukraine, comparison of various regulatory documents and scientific positions, the study highlighted the problematic aspects of observance of the constitutional right to work. The relevant conclusions were formulated, outlining the legal ways to achieve the balance of interests of employer and employee and proposals for improving the legislation were identified. The recommendations proposed in this study may be used by the legislator to improve the current labour legislation of Ukraine

The relevance of this study lies in the need to improve the legal mechanisms for combating gender-based violence against the background of the increasing number of military conflicts in the world, which create favourable conditions for the latter. The purpose of this study was to analyse the regulatory provisions of international legislation and the practices of certain European countries in preventing manifestations of hatred based on sex and gender and combating domestic violence through criminal law measures. It was stated that legal standards defined by the regulations of international organisations, international treaties, and conventions underlie national and regional standards for combating domestic and gender-based violence. International legal principles of gender equality are defined by the regulatory framework of the United Nations, the Council of Europe, the European Union, and the Organisation for Security and Cooperation in Europe, and other global and European organisations. Human rights provisions recognised by the member states of these organisations through bilateral and multilateral treaties and implemented through ratification are the basis for the formation of national internal standards of the rights of women, children, and persons of all genders. The study concluded that national standards for guaranteeing and protecting human rights in the field of gender equality constitute an implementation of international standards and pan-European provisions, and their implementation in Ukrainian legislation can ensure sufficiently complete and effective implementation of legal measures to combat domestic and gender-based violence. The ideas formulated in this study are aimed at finding more effective criminal law means in lawmaking and law enforcement activities

In this article, I will explore how the underlying research values of ‘openness’ and ‘mutual responsiveness’, which are central to open science practices, can be integrated into a new ethos of science. Firstly, I will revisit Robert Merton's early contribution to this issue, examining whether the ethos of science should be understood as a set of norms for scientists to practice ‘good’ science or as a set of research values as a functional requirement of the scientific system to produce knowledge, irrespective of individual adherence to these norms. Secondly, I will analyse the recent codification of scientific practice in terms of ‘scientific integrity’, a framework that Merton did not pursue. Based on this analysis, and illustrated on the case of COVID-19 as a case in which the institution of science was challenged to deliver urgently on societal desirable outcomes, I will argue that promoting open science and its core norms of collaboration and openness requires broader governance of the institution of science in its relationship with society at large, rather than relying solely on self-governance within the scientific community through a new ethos of science. This conclusion has implications for re-evaluating research assessments, suggesting that the evaluation of the scientific system should take precedence over evaluating individual researchers, and that incentives should be provided to encourage specific research behaviour rather than solely focusing on individual research outputs.

The core insight of this thoughtful and provocative article is that science has become engineering and must be re-governed appropriately. Science today is as much artefact constructing as it is knowledge-producing. Certified knowledge is found through certified construction; science has become technoscience. As such, received practices of and models for governance need re-examining. It is not possible here to address the full range of insights and questions that René von Schomberg’s challenging paper puts on the table. His argument is clearly the outgrowth of years of critical reflection in the science policy trenches of the European Commission. I would wager that there’s no one who has thought longer, harder, and at greater depth about these issues. I will concentrate my comments on the question concerning engineering.

Von Schomberg’s call to place mutual responsiveness – which I understand as the ability of researchers and the research system as a whole to foster meaningful exchanges and learn from novel experiences, no matter where those originate – at the core of Open Science and related efforts to reform the scientific landscape is both timely and significant. Widespread sharing is not enough to guarantee responsible and inclusive research, nor are vague appeals to improve research culture, whatever it is that such culture may turn out to include (Leonelli, 2023). Rather, emphasis needs to be placed on the conditions under which sharing materials, methods and insights – and debating the goals and directions towards which these may be put to use – may improve research exchange, communication and scrutiny, resulting in scientific outputs that are both reliable and socially responsive. Hence von Schomberg’s focus on the interplay between institutional and behavioural features of science and his plea for a reform in governance structures, such as initiated by COARA, are very well-taken. He is, however, too quick to dismiss the importance of some degree of autonomy for those involved in creating knowledge. To show why this matters, I here briefly discuss two of von Schomberg’s additional claims: (1) his focus on ‘knowledge actors’ as the protagonists of research efforts; and (2) his critique of the effectiveness of self-governance efforts by researchers.

Von Schomberg offers a compelling examination of key open science principles and their potential role in fostering responsible research and innovation (RRI). Utilizing Merton's Ethos of Science framework, the paper constructs a series of arguments supporting a central thesis: “the transition towards open science is vital to facilitate RRI.” This transition necessitates significant institutional reforms within the scientific community and adjustments to incentive structures that promote the adoption of open and mutually responsive practices. The manuscript reframes the discourse surrounding responsibility and responsiveness in light of the evolving landscape of open science, shifting the focus from normative commitments to actionable frameworks in research and open science practices. Overall, the position paper strives to bridge the gap between idealised models of scientific communities based on RRI principles and the reality of actual scientific endeavour (Anderson et al., 2007; Politi, 2021, 2024). However, it is important to acknowledge certain omissions that could enrich the analysis. Firstly, a more comprehensive examination of the profound crisis facing science amidst the increasing marketisation and commodification of academia and research would provide valuable context beyond discussions of system failures related to productivity and reproducibility. Secondly, a more nuanced and critical approach to conceptualising open science would enrich the discussion, considering its multifaceted nature and potential pitfalls. Thirdly, the validity of the Mertonian framework and its selective analysis of values, particularly its exclusive focus on the norm of communism. Lastly, a deeper exploration of the challenges and promises inherent in the pursuit of responsible Open Science within ongoing institutional processes.

It is hard to disagree with the thrust of René von Schomberg’s position paper. It is driven by the worry that current conceptions of “open science” are all too impoverished – that they need to be complemented by the social practice of “mutual responsiveness”. In terms of political theory or notions of democracy, on the one hand, in terms of socially relevant research practice, on the other hand, only an ambitious commitment to open science will be robust enough to make a difference and contribute to the solution of pressing problems. In contrast, it is paying lip service only to the ideal of openness when “open science” becomes reduced to “open access publishing” or data storage rituals. As von Schomberg shows, this might actually deepen disparities and redundancies within dysfunctional science.

René von Schomberg’s article (von Schomberg, 2024) makes an invigorating case for the co-responsibility of societal actors to give direction to the pursuit of science. In this reply, I wish to endorse his position as a much-needed reconceptualisation in the face of societal challenges and internal scientific developments. At the same time, I urge that there remain theoretical and practical intricacies in attempting to steer science.

Personal comment on the responses to “Towards a New Ethos of Science or a Reform of the Institution of Science? Merton Revisited and the Prospects of Institutionalizing the Research Values of Openness and Mutual Responsiveness” by René von Schomberg.

An essay is presented which analyses the multiplicity of public law efforts to limit climate change in the U.S. It sets out several hypotheses for why private law has received less attention from scholars as a tool for decarbonisation. It also discusses where innovations might be expected to occur in private law.

The article discusses the licensing of Sexual Entertainment Venues (SEVs) by local authorities, focusing on the considerations and powers involved in granting or refusing licenses to lap dancing clubs. It explores the impact of Home Office guidelines, Human Rights Act, and Equality Legislation on licensing decisions. The article also delves into challenges related to substantive equality arguments and judicial review proceedings concerning SEV licenses, emphasizing the need for local authorities to balance public interest and individual rights. Overall, the article provides a comprehensive overview of the legal framework governing SEV licensing decisions. [Extracted from the article]

In recent years, a number of academics, judges and politicians have noted that the UK Supreme Court has adopted a more restrained approach when it comes to public law than it had done previously. This article assesses the quantitative and qualitative evidence for this apparent conservative turn. It finds that, in a number of important respects, the Court has indeed adopted a more restrained approach to public law issues in recent years. However, conservatism and caution are not apparent across the board, and there are a number of areas in which the approach of the Court has been anything but restrained. Overall, the Court should not be considered ideologically conservative, nor should it be deemed constitutionally supine. Rather, it is most accurate to suggest that the Court is basing its judgments on a vision of the law rooted in the tradition of political constitutionalism. [ABSTRACT FROM AUTHOR]

How political speech is regulated has changed, with online spaces presenting new challenges. Private platforms now play a significant role in providing spaces for political speech with their own rules and algorithms. This paper examines the current state of legal regulation for political speech, both online and offline, and identifies gaps in governance. As we navigate the ever-evolving landscape of online political speech, it is essential to consider the changing and stricter rules that are being put in place. Private actors have played a crucial role in providing space for this speech. It is worth examining the similarities and differences between offline and online political speech and advertising regulation to ensure everyone's voices are heard and respected. Analyzing applicable public and private law, we investigate how different compliance pulls from national and EU law (existing and upcoming) influence the commitments made by the parties, using the most recent federal elections in Germany as an example. Thus, we assess the German legislative framework, which is also influenced by EU legislation. These investigations reflect new European rules, including the Digital Services Act. After analyzing how parties engage with national law and (self-regulatory) commitments, the paper provides suggestions for improving online speech governance. [ABSTRACT FROM AUTHOR]

This article argues that federal Indian law is located at the intersection of two competing paradigms: exceptionalism, under which Indian law is considered fundamentally different from the rest of U.S. public law; and assimilationism, under which differences between Indian law and the rest of U.S. public law are minimized or denied. The Supreme Court's failure to resolve the conflict between these two paradigms produces doctrinal inconsistencies (although not, as some prominent scholars maintain, doctrinal incoherence). This article further argues that the conflict of these paradigms ultimately derives from two rival conceptions of Native sovereignty. First is the idea of autochthonous Native sovereignty - that is, an inherent sovereignty that pre-dates contact and colonization, that does not depend on the U.S. Constitution, and that persists unless and until voluntarily surrendered or involuntarily extinguished. Second is the idea of heterochthonous Native sovereignty - that is, a sovereignty that derives primarily from the federal government and that generally remains subordinate to the demands of ordinary federalism under the U.S. Constitution. Finally, this article argues that the assimilationism paradigm should be rejected in favor of unambiguous commitments to autochthonous Native sovereignty and Indian law exceptionalism. [ABSTRACT FROM AUTHOR]

Increasing population density in urban areas in recent decades has led to the need to develop the building environment in an accelerated way, being necessary for the construction of buildings and their vertical development for a higher percentage of occupancy of the population on a small area of land. Urban expansion has determined the need to impose restrictions on public law through laws and regulations, to reduce the negative impact on the environment and to increase the quality of life of the population. Integrating restrictions, rights and responsibilities into cadastral systems would be an important step in developing integrated real estate management systems. This article aims to monitor the impact of public law restrictions on buildings in the urban area and to present urban regulations and legislation in Romania with applicability in the field of construction through the study of case in which a 3D model of representation and visualization of the restrictions of public law of the buildings is developed. [ABSTRACT FROM AUTHOR]

This article aims to present a broad analysis of the impact that artificial intelligence has on cyber security and the advantages and disadvantages that its implementation can bring regarding national security and data protection. The paper aims to describe the current usages of artificial intelligence in civilian and state applications as well as to identify potential future uses for technology. It will focus on how important its employment can help security overall. We will also analyse current levels of cyber security from a legal, technical and administrative point of view and the focus will be on how important artificial intelligence is towards handling specific tasks regarding security in the European Union, United States of America and the People's Republic of China. Furthermore, we will present advantages and disadvantages concerning artificial intelligence in different key domains such as cyberspace and intelligence surveillance and reconnaissance (ISR), mostly on how these are impacted by unmanned devices. [ABSTRACT FROM AUTHOR]

Private security officers outnumber police by a wide margin, and the gap may be growing. As cities have claimed to defund the police, many have quietly expanded their use of private security, reallocating spending from the public to the private sector. It is difficult to know what to make of these trends, largely because we know so little about what private security looks like on the ground. On one prevalent view of the facts, a shift from public to private security would mean little more than a change of uniform, as the two labor markets are deeply intertwined. Indeed, academics, the media, popular culture, and the police themselves all tell us that private security is some amalgam of a police retirement community and a dumping ground for disgraced former cops. But if, instead, private officers differ systematically from the public police—and crossover between the sectors is limited—then substitution from policing to private security could drastically change who is providing security services. We bring novel data to bear on these questions, presenting the largest empirical study of private security to date. We introduce an administrative dataset covering nearly 300,000 licensed private security officers in the State of Florida. By linking this dataset to similarly comprehensive information about public law enforcement, we have, for the first time, a nearly complete picture of the entire security labor market in one state. We report two principal findings. First, the public and private security markets are predominantly characterized by occupational segregation, not integration. The individuals who compose the private security sector differ markedly from the public police; they are, for example, significantly less likely to be white men. We also find that few private officers, roughly 2%, have previously worked in public policing, and even fewer will go on to policing in the future. Second, while former police make up a small share of all private security, roughly a quarter of cops who do cross over have been fired from a policing job. In fact, fired police officers are nearly as likely to land in private security as to find another policing job, and a full quarter end up in one or the other. We explore the implications of these findings, including intersections with police abolition and the future of policing, at the paper's close. [ABSTRACT FROM AUTHOR]

Assessing when a legal entitlement begins and expires is necessary to make sense of the law. To this end, the law resorts to the following temporal slots: a present, which the law can regulate, and a past and a future that, to different extents, are usually outside of the law's scope and command. Sometimes, however, past and future issues need a present regulation, and therefore laws with a backward or forward-looking projection are enacted. Global constitutionalism is traditionally at odds with an unlimited projection of the law in time and therefore is sceptical of retroactive and 'ultractive' laws. Still, the more moderate forms of retrospective and 'ultraspective' laws can usefully tackle public law decisions, since they inherently live in a mobile flow of time that rejects a strict division between past, present, and future. [ABSTRACT FROM AUTHOR]

In response to extreme conditions, government endowed with extraordinary powers in the form of a state of exception, released from the norms of a rule of law legal order, has been accepted as a modern political institution with an essential role in safeguarding democracy. It is only then, that a democratic government may achieve effective measures necessary to best address the extremities unfolding. The lack of public law theory legitimizing such an institution, alongside the heavy reliance on the medieval principle necessitas legem non habet as the institution's theoretic premise, prompt contemporary theorist Giorgio Agamben to question the role of the state of exception within modern democracy. This paper will first present how Agamben grounds the state of exception to the concept of necessity, tracing the theory of necessity to its apparent European origin, in the writings of Gratian and Thomas Aquinas. Then, this paper will focus on divergent interpretations of necessity drawn from the halls of the Swiss Federal Palace, whilst discussing the fate of recent state of exceptions. These divergent interpretations of necessity, namely by Ernest Paul Graber and Robert Grimm, both historic members of the Swiss Federal Assembly, indicate how necessity may be interpreted in different ways. Finally, this paper will question the extent to which this parallel relationship, between the state of exception and the concept of necessity, may undermine a democratic rule of law legal order. [ABSTRACT FROM AUTHOR]

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The Indonesian government signed a declaration on the Elimination of Violence Against Women (1993) in 2014. However, at a technical level, violence against women still often occurs due to Domestic Violence (KDRT) in Indonesia. The purpose of this writing is to understand the implementation of laws and the protection of women's human rights against domestic violence from the perspective of international law. The research results show that the entry of the public law system into the domestic realm, namely domestic life, is one of the new developments in the field of human rights, especially in Indonesia. Domestic Violence (KDRT) has become a common agenda in the last few decades. The facts show that domestic violence has quite a negative effect on women as victims. The research that has been carried out is normative legal research which is focused on norms and also legal objects as the main data, and a book consisting of rules, and the truth of the research that has been carried out. All forms of violence have violated human rights as regulated in Law No. 23 of 2004 concerning the elimination of domestic. [ABSTRACT FROM AUTHOR]

The Right to be Forgotten, serving as a traditional leniency right, assumes an increasingly pivotal role in upholding democratic values and maintaining order in the era of big data. Nevertheless, the Personal Information Protection Law does not acknowledge this right, but merely stipulates the Right to Delete, assigning it a singular attribute of private law. From a legal theoretical perspective, the Right to Delete corresponds to instrumental value, emphasizing 'control' and inheriting the attribute of public law; the Right to Be Forgotten aligns with normative value, stressing 'communication' and 'dialogue', and possessing an attribute of private law. Functionally, the prevailing Right to Delete essentially amalgamates the aspects of deletion and forgetfulness, thereby failing to fully harness the combined efficacy of both. It is recommended to adopt a path of judicial reconstruction, formulating a system for the Right to Be Forgotten that caters to China's indigenous needs within the framework of Article 47 of the Personal Information Protection Law. In individual case adjudications, the applicable contexts for the Right to Be Forgotten, as well as the execution and safeguards of forgetting measures, should be explicitly identified across three dimensions of logical argument and evidence, by imposing limitations on purpose and necessity. This approach would facilitate the realization of the normative articulation of the Right to Be Forgotten. In the era of big data, the establishment of the Right to be Forgotten legal institution will serve as a powerful guarantee for the effective implementation of privacy protection technologies. [ABSTRACT FROM AUTHOR]

Public law scholars often consider how to separate power among and within governmental entities in order to encourage these entities to use that power effectively. However, public law scholars only rarely bring the insights they have developed about the separation of powers to bear on questions of how private law should regulate private business firms. But, in order to encourage compliance with their own fundamental objectives, these firms often diffuse authority among their officials, a private separation of powers. This Article considers an emerging form of the private separation of powers: a private supreme court-like institution internal to a single firm. The consistent application of firm rules may be commercially valuable in some contexts, and private supreme courts can help provide firms with that kind of consistency. Courts and commentators have considered other forms of private separation of powers but have largely failed to consider how the law should treat these court-like institutions. We pattern our discussion of a court-like structure on the Oversight Board created by Facebook (now Meta) in 2018. The Oversight Board has largely been considered for what it means for speech, but we are interested in what it means for private institutional design more generally. We consider the economic value of this private supreme court-like structure in generating a consistent application of firm rules that attracts customers and manages regulators. Private supreme courts can generate costs for firms as well, so after we consider what these institutions can do, we then discuss when and how private supreme courts can act to be the most useful. We consider the case for private supreme courts from the perspective of one illustrative example: sports leagues, and, in particular, the National Basketball Association ("NBA"). We argue that the NBA should create a "Basketball Court," a somewhat independent adjudicatory body that uses the tools of judicial decision-making to interpret league rules in a consistent way that can provide commercial value to the NBA. [ABSTRACT FROM AUTHOR]

The following article critically examines how the structure of international law falls short of embracing common global problems. In this context, the article focuses on the ecological aspects of governance that tend to go beyond state-centric interests. Putting forward an overview of how issues beyond the states' national jurisdiction are addressed in the present structure of international law, the article examines the challenges of incorporating the Earth-centric approach reflected in the Indigenous cosmovision into that body of law. While the analysis does not attempt to provide any conclusive solutions, it argues that the Earth-centric approach cannot be incorporated into the current international legal framework. Although absolutely indispensable for a sustainable planetary process, the approach would require a complete deconstruction of the global legal order or a radical re-organization of the current structure of international law. [ABSTRACT FROM AUTHOR]

Police killings of individuals with mental illness have prompted calls for greater funding of mental health services to shift responsibilities away from the police. Such investments can reduce police interactions with vulnerable populations but are unlikely to eliminate them entirely, particularly in cases in which individuals with mental illness have a weapon or are otherwise dangerous. It remains a pressing question, then, how police should respond to these and other vulnerable aggressors with diminished culpability. This article considers and ultimately rejects three potential approaches from the ethics of defensive force literature. It looks to improve on them by developing what I call the fusion account, which explains how vulnerability and diminished culpability fit together to provide moral grounds for extra protections from deadly force. The article's final sections explore the policy implications of the fusion account for police administrators, officers, and the law. [ABSTRACT FROM AUTHOR]

This article provides an account of the structure of property law based on the principle of subsidiarity. This principle holds that more centralized organizations, including governments, should fulfil a subsidiary role in relation to the individuals and groups of which they are comprised. While subsidiarity has been highly influential in the areas of public law, constitutional law, and international law, its relevance to property law has been underappreciated. Property rights distribute decision-making authority over resources to non-state parties. This promotes a number of interrelated benefits associated with subsidiarity, including the qualitatively distinct contributions made by individuals and groups to the common good, the instrumental benefits of decentralized decision-making, the intrinsic benefits of involvement in actions and decisions affecting oneself, and the development of virtues. However, the principle of subsidiarity also suggests important roles for public authorities, including assuring an appropriate distribution of resources in society and intervening where the private authority of owners fails to uphold the common good. In this respect, subsidiarity offers a distinctive understanding of the divide between private and public law. Private law doctrine appropriately provides owners with a significant sphere of presumptive authority, yet this is subject to broad powers of public authorities to alter the baseline where, in their judgment, the common good requires it. This article argues that the concept of subsidiarity can help to bridge the divide between progressive property theory and theoretical approaches that emphasize the authority of owners. It can also contribute to an understanding of the concept of property, public access rights to private property, property-based community governance, and legal protections for property rights. [ABSTRACT FROM AUTHOR]

The doctrinal project of delineating the supervisory jurisdiction of the common law courts and the scholarly project of elucidating the public law–private law divide have had a long and close relationship. The Supreme Court of Canada strengthened this relationship in Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v Wall, establishing a bright-line test for the availability of judicial review that takes a presumed state/non-state dichotomy as its organizing principle. In this article, I build on existing critiques of the decision, describing how Wall's categorical paradigm has reduced the judicial oversight of powerful decision makers that have historically been subject to standards of fairness and rationality. However, I also use Wall to raise a more fundamental question, which is whether the public law–private law divide continues to provide the best vocabulary and framework for determining judicial review's boundaries. I explore legal pluralism, a project that has developed in parallel with the public law–private law scholarship and consider whether it might provide a superior framework for understanding the challenges to practices of normative decision making that lie at the heart of cases like Wall. I argue that legal pluralism is more phenomenologically correspondent than the public law–private law divide with cases involving norm-generating communities and more coherent with the values that the common law supervisory jurisdiction should be seeking to promote. [ABSTRACT FROM AUTHOR]

The article presents a case study on the law that regulates disciplinary processes in the Brazilian Federal Public Service (Act 8,112/1990). The aim of this investigation is to examine the features of the law that may lead to unfairness in disciplinary processes. Two theoretical concepts guide the investigation: "institutional corruption" and "administrative evil." Institutional corruption refers to rules, arrangements, and procedures that, despite their legality and ethical intent, exert a systemic and strategic influence that impairs organizational performance and effectiveness. Administrative evil alludes to the phenomenon in which public officials cause harm to innocent people while explaining away their responsibility, usually by projecting negative emotions to an external "object" (i.e., another person). Through a comparison between disciplinary processes and criminal cases, the analysis makes evident that Act. 8,112/1990 deviates from its original purpose of promoting ethical behaviour in the public service because it fails to provide individual protections to defendants. Thus, disciplinary processes in the Brazilian Federal Government can be seen as a case of institutional corruption that opens opportunities for administrative evil. The article presents measures to prevent disciplinary processes from becoming conveyors of institutional corruption and administrative evil and suggest a theme for further research. [ABSTRACT FROM AUTHOR]

The need for association and cooperation in its primary forms is existentially determined, embedded in the human psyche and morality before it becomes a rationally realized expediency and long before it becomes a right. The right of association is a fundamental right referred to in the group of political rights and freedoms, economic rights, and personal rights. This right combines the liberal idea of individual freedom with the collectivist idea of uniting the efforts of more people to achieve certain goals; exercising the right of association is an expression of free will. The principle of solidarity is exploited by hegemonic state doctrines and governments – communitarian, totalitarian, religious-fundamentalist, nationalist, modernizations, which call for the solidarity of tolerating restrictions, the renunciation of freedom in the name of certain collective goals, as well as in the doctrines and practices of revolutionary violence. The Code of Administrative Procedure provides wide participation of organizations in the various proceedings, both before the administration and in judicial administrative cases. [ABSTRACT FROM AUTHOR]

This article provides an account of the structure of property law based on the principle of subsidiarity. This principle holds that more centralized organizations, including governments, should fulfil a subsidiary role in relation to the individuals and groups of which they are comprised. While subsidiarity has been highly influential in the areas of public law, constitutional law, and international law, its relevance to property law has been underappreciated. Property rights distribute decision-making authority over resources to non-state parties. This promotes a number of interrelated benefits associated with subsidiarity, including the qualitatively distinct contributions made by individuals and groups to the common good, the instrumental benefits of decentralized decision-making, the intrinsic benefits of involvement in actions and decisions affecting oneself, and the development of virtues. However, the principle of subsidiarity also suggests important roles for public authorities, including assuring an appropriate distribution of resources in society and intervening where the private authority of owners fails to uphold the common good. In this respect, subsidiarity offers a distinctive understanding of the divide between private and public law. Private law doctrine appropriately provides owners with a significant sphere of presumptive authority, yet this is subject to broad powers of public authorities to alter the baseline where, in their judgment, the common good requires it. This article argues that the concept of subsidiarity can help to bridge the divide between progressive property theory and theoretical approaches that emphasize the authority of owners. It can also contribute to an understanding of the concept of property, public access rights to private property, property-based community governance, and legal protections for property rights. [ABSTRACT FROM AUTHOR]

The doctrinal project of delineating the supervisory jurisdiction of the common law courts and the scholarly project of elucidating the public law–private law divide have had a long and close relationship. The Supreme Court of Canada strengthened this relationship in Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v Wall, establishing a bright-line test for the availability of judicial review that takes a presumed state/non-state dichotomy as its organizing principle. In this article, I build on existing critiques of the decision, describing how Wall's categorical paradigm has reduced the judicial oversight of powerful decision makers that have historically been subject to standards of fairness and rationality. However, I also use Wall to raise a more fundamental question, which is whether the public law–private law divide continues to provide the best vocabulary and framework for determining judicial review's boundaries. I explore legal pluralism, a project that has developed in parallel with the public law–private law scholarship and consider whether it might provide a superior framework for understanding the challenges to practices of normative decision making that lie at the heart of cases like Wall. I argue that legal pluralism is more phenomenologically correspondent than the public law–private law divide with cases involving norm-generating communities and more coherent with the values that the common law supervisory jurisdiction should be seeking to promote. [ABSTRACT FROM AUTHOR]

In China, a hosting audio‐visual platform does not bear a copyright general monitoring obligation. It bears a public law obligation to monitor content proactively and constantly to safeguard the governance objective of cybersecurity. Little literature has discovered that Chinese case law has shown a risk that this public law obligation can impose an actual copyright general monitoring obligation upon platforms. The crux lies in that the public law obligation weakens the rationale of the copyright no monitoring obligation that a platform cannot access and assess each piece of work proactively. Copyright general monitoring seems to be workable as a platform is given such an opportunity to access and evaluate each content upon the fulfillment of the public law obligation. It, however, is unjustifiable to create this copyright law obligation by transferring it from the public law obligation, as copyright monitoring is much more complicated and costly within China's online environment. Access to content does not necessarily indicate a platform's ability to figure out content's copyright authorization status. China should retain adopting the no copyright general monitoring obligation even considering that the public law obligation has been contextually emphasized as a mandatory obligation to platforms. [ABSTRACT FROM AUTHOR]