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Common ground isn't always a good thing. For example, consider the growing popularity of 'predistribution.' Predistribution is an alternative to redistribution: rather than taxing people's incomes and spending the revenue [...]

Traditionally, administrative law cases don't make news. Instead, they make snooze. They can be exciting to a relatively small circle of 'ad. law nerds,' as we're affectionately called, but they're [...]

I. INTRODUCTION The growing number of encampments in cities across Canada is a glaring symptom of the deepening national housing crisis. (1) It is also a human rights crisis. Cities [...]

I. INTRODUCTION 'Believe me, it is a Divine thing to lend...' (1) The CCAA is the primary formal mechanism for resolving complex corporate insolvencies in Canada. (2) The process of [...]

I. SECTION 9 AND THE ROAD NOT YET TRAVELLED Section 9 of the Canadian Charter of Rights and Freedoms provides that '[e]veryone has the right not to be arbitrarily detained [...]

I. INTRODUCTION The Supreme Court's decisions in the companion cases of Canada (Minister of Citizenship and Immigration) v Vavilov (1) and Bell Canada v Canada (Attorney General) (2) were intended [...]

I. INTRODUCTION Under the Canadian sexual assault regime, a defendant can be exculpated on the basis of the common law defence that they held an honest but mistaken belief that [...]

I. INTRODUCTION The following is a true story about Maree (1) who lives in BC where she was flagged on a Police Information Check with Vulnerable Sector Screening (PIC-VS): Maree [...]

Recent political earthquakes such as the assassination attempt against former president Donald Trump and President Joe Biden's withdrawal from the 2024 campaign quickly overshadowed the various court proceedings involving the [...]

A review of DENNIS HALE AND MARC LANDY, KEEPING THE REPUBLIC: A DEFENSE OF AMERICAN CONSTITUTIONALISM (2024) Keeping the Republic: A Defense of American Constitutionalism defends the Constitution against historical [...]

The Supreme Court's 1947 incorporation of the Establishment Clause (1) through the Due Process Clause of the Fourteenth Amendment in Everson v. Board of Education of Ewing (2) continues to [...]

ContextTo facilitate the manufacturing of COVID-19 medical products, in October 2020 India and South Africa proposed a waiver of certain intellectual property (IP) provisions of a World Trade Organization (WTO) agreement. After nearly two years, a narrow waiver agreement that did little for vaccine access passed the ministerial despite the pandemic's impact on global trade, which the WTO is mandated to safeguard.MethodsThe authors conducted a content analysis of WTO legal texts, key-actor statements, media reporting, and the WTO's procedural framework to explore legal, institutional, and ideational explanations for the delay.FindingsIP waivers are neither legally complex nor unprecedented within WTO law, yet these waiver negotiations exceeded their mandated 90-day negotiation period by approximately 18 months. Waiver opponents and supporters engaged in escalating strategic framing that justified and eventually secured political attention at head-of-state level, sidelining other pandemic solutions. The frames deployed discouraged consensus on a meaningful waiver, which ultimately favored the status quo that opponents preferred. WTO institutional design encouraged drawn-out negotiation while limiting legitimate players in the debate to trade ministers, empowering narrow interest group politics.ConclusionsDespite global political attention, the WTO process contributed little to emergency vaccine production, suggesting a pressing need for reforms aimed at more efficient and equitable multilateral processes.

A mid-century net zero target creates a challenge for reducing the emissions of emissions-intensive, trade-exposed sectors with high cost mitigation options. These sectors include aluminium, cement, chemicals, iron and steel, lime, pulp and paper and petroleum refining. Available studies agree that decarbonization of these sectors is possible by mid-century if more ambitious policies are implemented soon. Existing carbon pricing policies have had limited impact on the emissions of these sectors because their marginal abatement costs almost always exceed the tax rate or allowance price. But emissions trading systems with free allowance allocations to emissions-intensive, trade-exposed sectors have minimized the adverse economic impacts and associated leakage. Internationally coordinated policies are unlikely, so implementing more ambitious policies creates a risk of leakage. This paper presents policy packages a country can implement to accelerate emission reduction by these sectors with minimal risk of leakage. To comply with international trade law the policy packages differ for producers whose goods compete with imports in the domestic market and producers whose goods are exported. Carbon pricing is a critical component of each package due its ability to minimize the risk of adverse economic impacts on domestic industry, support innovation and generate revenue. The revenue can be used to assist groups adversely impacted by the domestic price and production changes due to carbon pricing and to build public support for the policies.

Reading Icelandic Sagas against a medieval legal background in a First-Year Writing Seminar is a useful way to teach students the bones of academic argument. When the classroom is transformed into a courtroom through re-enactments of the legal struggles at the Althing, all students participate, and some exploratory students sign up for English and creative writing.

Abstract: Research finds that immigration and crime are not related across neighbourhoods, contrary to social disorganization theory and consistent with the immigration revitalization thesis. This research, however, is largely silent as to any possible nonlinear effects. Yet social theory offers sound reasons for why the immigration–crime association may be nonlinear; explanations, including immigrant/ethnic enclave theory and immigrant victimization theory, underscore potential concentration effects—albeit in different ways. Using a novel dataset with information on crime in over 15,000 neighbourhoods across a diverse range of US cities, we examine whether or not the immigration–crime association is nonlinear. We find that for both violent and property crime, a nonlinear relationship best captures the relationship. In additional analyses, we determine the theoretical perspective with which the findings are most consistent.

Over the last two decades, U.S. courts have convicted hundreds of thousands of Latin American defendants for misdemeanor immigration crimes. This has mostly happened through a federal program called Operation Streamline. In that program, immigrants are convicted without any semblance of due process. They are charged with the crime of entering the United States, have a brief conversation with a defense lawyer, plead guilty in a mass plea hearing with up to one hundred defendants at once, and receive their sentence—all in a single court appearance. In 2018, this program encountered its first organized resistance. In that year, the Trump Administration tried to bring Operation Streamline to California for the first time. There, immigrant defendants and their lawyers did not acquiesce to a norm of immediate guilty pleas. Instead, they fought their cases by securing release on bond, raising objections, taking their cases to trial, and appealing their convictions. This unexpected resistance prevented federal prosecutors from processing dozens of cases per day. In 2021, something similar happened in Texas. Governor Greg Abbott created a state-law version of Operation Streamline called Operation Lone Star. Immigrant defendants and their lawyers have resisted this program as well, securing release on bond and fighting through motions, writs, and trials. This Article documents, analyzes, and draws lessons from these immigrants’ defiance. It does so using court records, transcripts, and firsthand accounts. In the process, this Article uncovers the institutional logic of these mass immigrant prosecution systems, which have become a major feature of U.S. immigration policy. It shows how these systems prioritize efficiency above all else, resulting in inferior jail conditions, summary court proceedings, and coerced guilty pleas. In particular, it critiques the role defense lawyers typically play in these systems. Defense lawyers are expected to facilitate these prosecutions by coaching their clients to plead guilty quickly. Their presence gives the proceedings a false legitimacy, as these systems are designed to prevent lawyers from providing competent counsel. As this Article argues, defense lawyers should instead undermine these systems by helping defendants assert their rights and litigate. Indeed, immigrant defendants have powerful incentives to fight their cases if their lawyers will help them. The battles in California and Texas reveal several effective legal strategies for immigrant defendants to resist mass criminalization. They also illustrate how criminal defense lawyers can pursue systemic litigation while honoring their duties to individual clients. The keys are to seek out situations where a defendant can safely assert their procedural rights, and to only waive those rights when doing so benefits the defendant.

Visitation at national parks and other public lands has surged to record levels, a trend intensified in many places by the COVID-19 pandemic. Unfortunately, the popularity of public lands has led to congestion, a degraded outdoor experience, and damage to natural resources. In response, land managers have adopted capacity limits, reservation requirements, and other access restrictions. The growing restrictions on access to public lands raise serious concerns. They threaten individual benefits that public lands generate for physical and mental health, as well as collective benefits to cultural identity and national unity. Restrictions on access often have disparate impacts on those who are economically disadvantaged or lack technological savvy. In addition, land managers sometimes institute these restrictions with little or no notice or opportunity for public input. Although public land managers have various tools to accommodate high visitation, they sometimes have to ration access to public lands. Closures and other restrictions may be necessary to ensure public safety, maintain the quality of visitor experiences, or protect wildlife and other resources. This Article explores guidelines to assist land managers as they make difficult decisions about the restriction and allocation of access to public lands.

America’s juvenile justice system was founded on the notion that the juvenile court would serve as the “ultimate parent” for youth. Yet, the history of youth punishment challenges the promise of juvenile “justice.” To offer a more comprehensive account of the family systems in juvenile court, this study draws from the insights of historical research on youth punishment and family criminalization to examine juvenile court outcomes in Arizona. Combining a historical lens with insights from attribution theory, we use quantitative and qualitative methods to examine the relationship between diverse family systems, including single mothers, single fathers, extended families, and foster care families, and juvenile court outcomes (i.e., diversion, preadjudication detention, petition, and judicial dismissal). Our findings suggest the need for more complex understandings of both family and punishment, and more expansive theorizations of the sorts of solutions that match the scope and scale of the problem.

Abstract: Scholars and advocates are at odds about how to achieve higher levels of child safety and permanency. Calls for change include the recent upEND focus on eradication of child welfare services to a radical refocusing of the present system towards prevention/early intervention. To clarify the implications of reform over abolition, we seek to portray a future in which the abolition of child welfare has occurred, in juxtaposition to maintaining four core elements of established child maltreatment programmes around the world: (1) receiving and responding to community signals about the risk to children; (2) assessment of need coupled with a proportionate response; (3) rights protections to ensure fairness when placement outside the family is required; and (4) procedures for accountability and quality improvement. For each of these functions, we outline abolitionist advocates' positions and implications for children and parents. Across these elements, we delineate how assigning these responsibilities to communities, as suggested by upEND, would likely (1) exaggerate racial and economic inequities and (2) create structural barriers that would increase harm to children. We suggest several evidence‐informed enhancements to practice, research and policy that would mitigate these inequities while also increasing safety and permanency.

Copyright of Retos: Nuevas Perspectivas de Educación Física, Deporte y Recreación is the property of Federacion Espanola de Asociaciones de Docentes de Educacion Fisica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The scientific article is devoted to researching the concept of transit justice and clarifying its significance for Ukraine. The concept of transitive justice is very relevant, which is connected with the spread of internal and interstate conflicts. It is noted that the national model of transitive justice is relatively new for domestic legal practice, therefore the understanding of its essence and the development of mechanisms is still at the initial stage. It is emphasized that transitive justice involves a set of measures aimed at overcoming the consequences of war and occupation and developing mechanisms that will prevent the recurrence of conflicts in the future. The concept of transitive justice is used by states that are transitioning from a state of conflict and occupation to a state of peace, it does not contain universal formulas for all states. Attention is focused on the fact that under modem conditions in Ukraine, the directions of transitive justice are implemented situationally, unsystematically and do not have proper legal consolidation. The international experience of the implementation of the mentioned concept, taking into account the Ukrainian realities, should be defined as useful. Recognition of the supremacy of international law and the tendency to increase the role of nonjudicial mechanisms in the justice system will provide an opportunity to use non-judicial mechanisms in order to strengthen sustainable peace. Implementation of the principles of transitive justice affects the development of the legal system of Ukraine and should ensure its stabilization, creation of conditions for its modernization and sustainable development. At the same time, it is stated that it is necessary to carry out a lot of work to establish the reasons for which the war is taking place, to find out what happened directly during the armed conflict. It should be understood that the end of the war is not just the return of the occupied territories under the jurisdiction of Ukraine, but the beginning of a difficult path to resolve the consequences of the conflict and search for a compromise. It is emphasized that there is a real need to implement the model of transitive justice, as an important tool for resolving the military conflict and the main direction of state legal policy, in the conditions of Russia's armed aggression against Ukraine. [ABSTRACT FROM AUTHOR]

Neurofeedback is a brain-training technique that continues to develop via ongoing innovations, and that has broadening potential impact. Once confined primarily to clinical and research settings, it is increasingly being used in the general population. Such development raises concerns about the current regulatory mechanisms and their adequacy in protecting patterns of economic and political decision-making from the novel technology. As studies have found neurofeedback to change subjects' preferences and mental associations covertly, there is a possibility it will be abused for political and commercial gains. Current regulatory practices (including disclaimer requirements, unfair and deceptive trade practice statutes and undue influence law) may be avenues from which to regulate neurofeedback influence. They are, however, limited. Regulating neurofeedback will face the line-drawing problem of determining when it induces an unacceptable level of influence. We suggest experiments that will clarify how the parameters of neurofeedback training affect its level of influence. In addition, we assert that the reactive nature of the traditional models of regulation will be inadequate against this and other rapidly transforming technologies. An integrated and proactive regulatory system designed for flexibility must be adopted to protect society in this era of modern technological advancement. This article is part of the theme issue 'Neurofeedback: new territories and neurocognitive mechanisms of endogenous neuromodulation'. [ABSTRACT FROM AUTHOR]

We have a reason to value the Uniform Determination of Death Act (UDDA). Since enactment, the UDDA has been of paramount importance to US citizens, families of comatose patients, and the health care professionals who care for them. The UDDA sets forth two standards for determining death and leaves to the medical community to elaborate criteria by which physicians can determine when those standards have been met. Neurologists and neurocritical care experts always have been center stage in this effort. Perfectly established, why change it? What ignited the recent review of the UDDA were lawsuits questioning medical (neurological) authority leading to the wording and accuracy of the UDDA being revisited. The major objections to the language of the UDDA by several groups led a committee appointed by the Uniform Law Commission to consider several substantial changes in the Act. After several years of discussion without reaching a consensus, the committee's chair suspended the effort. Upending the UDDA will lead to a legal crisis and confusion across the states. We present our main arguments against revising this statute and argue that the committee's failure to revise the UDDA should actually be seen as a necessary success. [ABSTRACT FROM AUTHOR]

The purpose of the paper is to explore social works practice response to sexual violence and the impact of victim blaming narratives for sex workers. Using a feminist standpoint epistemology, in keeping with an interpretivist/feminist qualitative framework, we critically explore the oppressive structures which impact on service users′ lives. Data collection consisted of interviews with 15 female sex workers in the Republic of Ireland. In locating sex workers experiences, we set out the argument that social work practice is complicit in victim blaming narratives in response to sexual violence. Themes emerging from the data to support this claim are (1) victim blaming perspectives for sex workers (2) reporting sexual violence to authorities, and (3) impact of the Law. By using the Irish standpoint, and the 2017 Criminal Law (Sexual Offences) Act, where sex work activities remain subject to penal measures our paper provides conclusive evidence which calls into question social works response to sexual violence. We argue for a revised social work response to sexual violence which includes a critical examination of ′victim blaming′ narratives and the current legislative process which inform their practice. [ABSTRACT FROM AUTHOR]

Objectives: Assess the acceptability of and self-reported behavioral change from participation in a sexual assault prevention intervention on a U.S. university campus. Participants: Thirty-one undergraduate students who identified as women and opted-in to participating in both the intervention and research. Methods: In-depth interviews and written reflections were collected. Analysis was thematic with three investigators coding and reaching consensus. Results: The EAAA program was well-liked by most participants, with positive behavior changes reported. Five key themes reflecting strengths of EAAA were identified, including improved verbal communication, reduced sexual assault myths, empowerment, recognizing and responding to danger cues, and learning about healthy sexuality. Three key themes reflecting challenges were identified, including time commitment, use of outdated program materials, and a single gender focus. Conclusions: EAAA translates well, with a few adaptations, to a residential campus environment in the U.S. Research is needed to assess program effectiveness in reducing sexual assault. [ABSTRACT FROM AUTHOR]

• The medico-legal environment is recognised as a factor influencing the decision of medical students to pursue a career in gynecology and obstetrics. • Fears of being sued, being the subject of a complaint to the regulatory body, and potential criminal prosecution were reported. • Understanding the impact of the current environment is important from a policy perspective particularly in relation to recruitment and retention. Medico-legal and regulatory culture has a significant impact on medical practitioners, including the decision of graduates to enter high-risk specialties. This study explores the impact of the current medico-legal and regulatory culture in Ireland on the decision of graduate entry medical students to enter one high risk specialty, obstetrics and gynecology. We conducted a survey of 146 final-year, graduate-entry medical students pre- and post- a 6-week rotation in obstetrics and gynecology in Ireland. Participants were asked to rate the influence (on a four-point scale) of factors such as fear of being sued, being reported to the regulatory body or criminal prosecution on their decision to pursue a career in obstetrics or gynaecology. Data were matched pre- and post-rotation and McNemar-Bowker's test was used to test for differences in related data. All analysis was conducted using SPSS for Windows version 25. The responses of 72 students to both questionnaires could be matched (response rate 49.3%). The majority of participants pre-rotation reported that fear of being sued (74%), fear of being reported to the regulatory body (70%) and fear of criminal prosecution (55%) were factors influencing their decision (somewhat or to a great extent) to pursue a career in obstetrics. There were no significant changes post-rotation. Compared to obstetrics, lower proportions of participants pre-rotation considered fear of being sued (54%), fear of being reported to the regulatory body (50%) and fear of criminal prosecution (40%) as factors influencing their decision to pursue a career in gynecology. There were no significant changes post-rotation. Medico-legal and regulatory culture is shaping the perceptions of graduate entry medical students of obstetrics and gynecology and influencing their decision to pursue a career in the speciality. Understanding the impact of medico-legal culture on career choices including a high-risk specialty such as obstetrics and gynecology is important from both a policy and reform context, and if the healthcare service is to recruit and retain adequate numbers to ensure the safe provision of healthcare. [ABSTRACT FROM AUTHOR]

The covid-19 pandemic, and in particular, the rise in pet ownership, the greater focus on home-life during lockdowns and the normalisation of hybrid-working conditions post-pandemic, has shed light on an under-researched area of law that affects millions of people across the world: the use of 'no pet' covenants in private rental housing. This article identifies the prevalence of 'no pet' covenants as a socio-legal problem that is of global significance. It assesses the legal regulation of pets in private rental housing through a Harm Assessment approach that has global application. A Harm Assessment approach balances harms to various stakeholders in both the use and restriction of 'no pet' covenants. In countries that have no legal regulation of pets in housing it can be used to assess the need for legislation. This approach considers the character, magnitude and likelihood of the harm, something which has had little consideration to date. Drawing, by analogy, on the work of Feinberg and his analysis of harm within the context of the legitimacy of state interference with individual liberty, this article adapts his theory of harm to assess the need for legal regulation of pets in rental housing. The legitimacy of a Harm Assessment approach is supported by the existing literature on 'no pet' covenants, from which the dominant theme of harm emerges. Identifying and weighting the types of harm to be balanced varies depending on cultural, religious and geographic considerations and further research is needed to better understand the harms in different countries. [ABSTRACT FROM AUTHOR]

Emotion is inherent in our everyday use and ownership of property. It may drive neighbours to litigate a boundary dispute in the courts, or a first-time buyer to purchase a home that significantly exceeds her budget. It can even be seen in the delight that a child experiences when she is given a gift for her birthday. Despite this, there is relatively little scholarship on the connection between law, emotions and property theory, and this article aims to address that gap in the knowledge. Drawing on the common law tradition, it analyses different social, spatial, and material conceptions of property to explain how emotion may affect property relations, as well as the way that property may cause a person to experience particular feelings, such as anger, sadness, happiness, frustration, envy and jealousy. It argues that emotion and property law cannot be separated easily, and instead, they should be regarded as being mutually constitutive and in an ongoing dialectical relationship. For that reason, this article concludes that more attention must be given to the role of emotion in shaping property relations by lawyers, academics, and policymakers, and how this can be reflected in the design and implementation of law. [ABSTRACT FROM AUTHOR]

This paper explores the intersection of public administration and its administrative state, transnational and global policy, and international sports governance. We start by exploring autonomy and self-governance in international sport before sharing the structures, legal personalities, and nature of transnational private law interaction with international sport. The implications are illustrated through three examples. The first is the legal-policy interactions of the FIFA World Cup 2022 with Qatar. The second are new interactions of human rights with future World Cups and future Olympics. The third is the role of the Court of Arbitration for Sport and the World Anti-Doping Agency. This leads to three implications for administrative scholarship: lex sportiva implications for public administration, a stretching of the autonomy and self-governance concepts, and expanding the evaluation stage of a policy cycle to include the governance legacies of mega sports events. [ABSTRACT FROM AUTHOR]

Faced with climate change and other ecological crises, sustainability has become an inescapable normative framework for organizations and societies worldwide. However, it conceals very different practices and imaginaries of a sustainable future. Firstly, this article introduces the three imaginaries of modernization, transformation, and control and explores what chances of implementation these trajectories have. Modernization is the dominant path driven by governments and corporations, transformation efforts by civil society actors are marginalized, and control is currently becoming more influential as a trajectory in the wake of a renaissance of strong nation-states. Secondly, this article works out the idea that sustainability, in the sense of an open future, is no longer achievable. Too many ecological burdens already exist, or can no longer be averted, so much so that one should be speaking instead about the politics of post-sustainability. It is highly probable that catastrophes and social collapses can no longer be prevented, and a rapid decarbonization of economies and societies in the coming years is so unlikely that the question thus arises as to how positive visions of the future for living together can still be derived from this. Finally, using the example of the rights of nature, it is discussed how there can, nevertheless, be forms of conviviality that could (albeit slowly) grow out of the multiple social and ecological crises and which are based on an amalgam of modernization, transformation, and control. [ABSTRACT FROM AUTHOR]

Justice after sexual assault is often understood and enacted through the criminal legal system such that the outcomes are binary (i.e., justice is achieved or not achieved). Previous research indicates that survivors have specific wants and needs following an assault in order to experience justice, which may or may not align with current practices. We conducted a critical interpretive synthesis of 5 databases to create a sampling frame of 4,203 records; the final analysis included 81 articles, book chapters, and policy documents. Results indicate that justice is an individualized and dynamic process which may include the experience of voice, connectedness, participating in a process, accountability, and prevention. The experiences of safety and control are central to each of these domains. Survivors may seek and enact these justice domains through several avenues, including the criminal justice and legal systems, restorative justice, medical/mental health spaces, activism, art, and social media. Existing actors within currently available justice systems, including legal, medical, and mental health personnel should encourage survivors to identify and define their own experience of justice, including locating helpful behaviors rooted in safety and control, and resist a binary model of justice. Extant systems should therefore be flexible and accessible to help survivors realize their preferred modes of justice. [ABSTRACT FROM AUTHOR]

Kurdish smugglers have been targeted and killed by security forces in Turkey's Van borderlands systematically and with impunity. In response, the killed smugglers' families and their lawyers conducted what I call vernacular counterforensics—the forensic examination both of the killings and of the legal authorities' failure to investigate them properly. Associating the Kurdish borderlands with terrorism, the legal authorities often avoided collecting evidence on the killings to make potential perpetrators remain unknown or legally authorize the killings. By documenting this impunity work through their counterforensics, Kurdish complainants and lawyers demonstrated the judiciary's complicity in the systemization of state anti‐Kurdish violence. While anthropological studies show that criminal law operates by individualizing violation claims and perpetrators, vernacular counterforensics illustrates a distinct use of criminal law that reveals, rather than blurs, the state crimes' systematic‐collective aspects. Rather than differentiating technoscientifically produced crime scene evidence from the political circumstances of state crimes, Kurdish complainants and their lawyers used the selective production of such evidence to corroborate the killings' unlawfulness and their systematic‐collective character. This dual use of forensic evidence permits us to rethink analytical and methodological premises that view forensic evidence as fully verifiable and universally applicable and contrast it against contextual and contingent knowledge forms. [ABSTRACT FROM AUTHOR]

Purpose: We test current models of racial bias in policing, identify limitations, and propose a test of racial bias, that does not depend on unknown population contraband rate. Methods: We conceptualize police officer search decisions as a 2 (search/no search) by 2 (contraband present/absent) table, with missing data (if the police did not search, the presence of contraband is unknown). We constrain the feasible problem space using properties of a 2 x 2 contingency table. Then we examine all possible feasible 2 x 2 tables to identify instances of racial differences in police officer hit and false alarm rates. To do this, we develop a new test of racial bias, the Overlapping Condition Test. We analyze state and county data across 25 United States police departments. Results: These departments have an observable racial difference in false alarm rate regardless of the true value of missing data (under every feasible 2 x 2 table there is a racial difference). This effect is found in 10 out of 14 state police departments and 9 out of 11 local departments across the United States. That is, for every feasible real world scenario police officers have lower false alarm rates for White drivers than Black drivers. Conclusion: We interpret this difference in false alarm rate as a threshold bias. That is, officers use different criteria for searching Black drivers than White drivers and this conclusion is not qualified by the unknown contraband rate. Future directions should explore how police officers make the decision to search drivers and develop interventions to address the racial bias in search rate. [ABSTRACT FROM AUTHOR]

Context: In 2012, California instituted a new requirement for parents to consult with a clinician before receiving a personal belief exemption (PBE) to its school entry vaccine mandate. In 2015, the state removed this exemption altogether. In 2019, legislators cracked down on medical exemptions to address their misuse by vaccine refusers and supportive clinicians. This article uses "policy feedback theory" to explore these political conflicts, arguing that PBEs informed the emergence and approaches of two coalitions whose conflict reshaped California's vaccination policies. Methods: The authors analyzed legal, policy, academic, and media documents; interviewed 10 key informants; and deductively analyzed transcripts using NVivo 20 transcription software. Findings: California's long-standing vaccination policy inadvertently disseminated two fundamentally incompatible social norms: vaccination is a choice, and vaccination is not a choice. Over time, the culture and number of vaccine refusers grew, at least in part because the state's policy sanctioned the norm of vaccine refusal. Conclusions: The long-term consequences of California's "mandate + PBE" policy—visible, public, and socially sanctioned vaccine refusal—undermined support for it over time, generating well-defined losses for a large group of people (the vaccinating public) and specifically for the provaccine parent activists whose experiences of personal grievance drove their mobilization for change. [ABSTRACT FROM AUTHOR]

The study investigated the impact of judicial constraints on government powers (JCGP) as a sub-factor of constraints on government powers on the rule of Law (RL) of the World Justice Project Rule of Law Index 2023, focusing on a sample of 142 countries. Using the regression model approach, we first assessed the impact of JCGP on RL based on the most recent cross-section data of 2023. The results indicated a significant positive effect of JCGP on the RL. Moreover, to capture the evolution of this relationship, the analysis was extended across the period from 2013 to 2023, revealing a strengthening impact over time. Additionally, we conducted a comparative analysis between developed and developing countries and the socio-economic conditions that shape the investigated effects differently. The results indicated that developed countries benefit from more robust institutional frameworks while developing countries face challenges that may limit the effectiveness of JCGP in enhancing RL. Policy implications emphasize the need for targeted strategies to strengthen judicial independence and government accountability. The novelty and originality of this study lie in exploring and improving literature concerning the impact of judicial constraints on government powers on the rule of law. [ABSTRACT FROM AUTHOR]

This article aims to present a modern methodological approach that will allow the selection of the optimal strategy for combating cybercrime in the Middle East. The research methodology requires using methods that would enable the assessment of the study problem and help solve it effectively; thus, the hierarchy analysis developed by T. Saaty was widely used by researchers and practitioners in solving economic problems. The method of paired comparison and the involvement of experts through the Delphi method was also used. This paper explicitly defends the choices made for countering cybercrime, stressing that these choices should be tailored to the changes in the Middle East. The study acknowledges this restriction by concentrating only on the features of cybercrime in Middle Eastern nations. To gain a more profound understanding of the problem, future studies should investigate cybercrime in other areas, such as EU nations. [ABSTRACT FROM AUTHOR]

The article highlights the problem of historical aspects of the emergence of private international law through the prism of a comparative analysis of the ancient and medieval periods of its development. Factors that influenced the emergence and historical development of international private law at this time are analyzed in detail. We have analyzed the circumstances and consequences of the birth of international private law in the ancient period of historical development. The process of legal development of Ancient Greece and Ancient Rome was accompanied by intensive political-diplomatic, socio-economic and civilizational contacts within the entire Mediterranean region, as well as a number of other regions. The flourishing of the cultural, political and economic life of Ancient Greece in the 5th century. to n. gave rise to rapid progress in the legal indicators of the ancient Greek political system. In turn, Ancient Rome continued to unite the Mediterranean region into a single entity from the point of view of the communication system, large-scale trade operations, and cultural influence. The author defends the opinion, developing the available historiographical assessments, about the justified nature of the point of view regarding the existence of historical origins of international private law not in the Middle Ages, but specifically in the period of antiquity. Additional confirmation of this point of view can be served by the fact that it was in the period of antiquity that the so-called Latin formulas «binding» became already known. This is manifested, among other things, in the concept of «conflict of laws», as well as a number of other legal formulas. The trend of the further development of private international law against the background of the decline and subsequent disintegration of the Roman Empire is followed. The gradual spread of Roman law took place in all Italian states, which led to the further development of elements of private international law. The emergence of legal conflicts in the process of the collision of Italian legal realities with Roman legal realities led to the process of adapting the corpus juris civilis to Italian legal practice. Conclusions are made about the emergence of the main indicators of private international law precisely in the era of antiquity, that the medieval stage of the development of private international law borrowed ancient traditions and adapted them to the realities of the development of its time. [ABSTRACT FROM AUTHOR]

Superficially, citizenship appears relatively simple: a legal status denoting political membership. However, critical citizenship studies scholars suggest that citizenship is first and foremost a political practice. When non-citizens, such as irregularised migrants, constitute themselves as citizens through their actions, irrespective of legal status, these practices of citizenship have transformational potential because they are extra-legal. Yet, there is an ambivalence here: rights-claiming migrants tend to frame their key demands within the terms of the law often by calling for the regularisation of their status. This article addresses this ambivalence by adopting a 'deconstructive method' to investigate the legal dimensions of citizenship as sites of theoretical and political intervention. It is argued that practices of rights-claiming by irregularised migrants are important to grasp because they mobilise the paradoxes inherent to the fact that universal rights are enshrined in the constitutional texts of modern citizenship in order to generate new legal meanings and horizons of justice. This hypothesis is explored through a series of illustrative examples of rights-claiming taking place within and beyond the formal confines of legal orders. In so doing, the article sets out a novel conceptual framework for analysing how migrants' claims to justice strategically negotiate citizenship in its legal form. [ABSTRACT FROM AUTHOR]

Deemed consent legislation for deceased organ donation was introduced in England in 2020, and is considered a vital part of the new UK NHS Blood and Transplant's 10-year strategy to increase consent for organ donation. Despite the legislation containing safeguards to protect the public, the introduction of deemed consent creates ethical, psychological and social un/certainties for healthcare professionals in their practice. In this paper, we offer insights into healthcare professionals' perspectives on deemed consent, drawn from interview data with 24 healthcare professionals in an NHS Trust in England, prior to the introduction of the legislation. Whilst participants supported deemed consent in principle, they were concerned that it would present a threat to the nature of donation as a 'gift'; the notion of informed consent (or non-consent); and the autonomy of donors, their relatives, and their own roles as health professionals, posing dilemmas for practice. We argue that healthcare professionals present themselves as guardians of potential (non)donors and thus as having ethics and integrity in their own practice. We draw conclusions around the values and principles that matter to healthcare professionals when contemplating consent in deceased donation which will be useful for organ donation committees and ethics forums. [ABSTRACT FROM AUTHOR]

The article examines and reveals the impact of legal doctrine on law-making and law-enforcement practice. It is noted that today the doctrine lacks a systematic approach to its use in the law-making process. Accordingly, this leads both to a decrease in the value of the doctrine itself and to negative consequences for the legal system as a whole. From these positions, the doctrine continues to occupy its important niche and life source in the legal system. It is the doctrine that forms the legal concepts used by the legislator and establishes the methods by which the law is discovered and laws are interpreted. However, even the systematic interpretation of legal norms cannot always fill the gap in the legal regulation of social relations. Therefore, precisely in this case, the courts turn to the legal doctrine, which is used to reveal the content of the legal norm, which is present in the legislation or is absent in its content. As a rule, in the content of the motivational part of court acts, references to legal doctrine are often found to confirm one’s legal position and to strengthen its effect, which indicates a balanced decision made in the case. Summarizing the analysis of judicial practice materials, it is possible to formulate the purpose for which the legal doctrine is used: filling gaps in the legal regulation of social relations, interpreting legal norms and establishing their legal nature and content. Accordingly, it can be stated that the legal doctrine embodies a system of well-founded, theoretical and scientific provisions that have applied value and are used to eliminate gaps, correctly interpret and apply legal norms and, on this basis, search for optimal legal solutions. It is proved that the legal doctrine is a kind of indicator for relevant events and situations that may arise in the field of legal regulation of social relations. Therefore, during the development of projects of regulatory legal acts, the use of legal doctrine allows analyzing the dynamics of the development of social relations that are subject to legal regulation. [ABSTRACT FROM AUTHOR]

The article is devoted to the problems and perspectives of the theory of separation of powers. The general aspects of the theory of separation of powers are outlined. The authors say that the multiplicity of types of power and types of social norms and factors, that ensure them, shows that separation is inherent to the phenomenon of power. It was noted that the issue of separation of powers has an important theoretical and practical significance and is closely related to the classification of political regimes into totalitarian, authoritarian, democratic and liberal. It was emphasized that, contrary to the established stereotype, the separation of powers, in certain forms, existed long before the epoch of Ch.L. de Montesquieu. It is noted that the ideas of separation of powers long before J. Locke and Ch.L. de Montesquieu was also expressed by Aristotle and Marsilius of Padua. It was substantiated that, in fact, the separation of powers has existed in some forms since the very beginnings of statehood. So, the theory of the separation of powers does not arise, but is only actualized in the XVII-XVIII centuries in connection with the struggle of the bourgeoisie against absolutism and feudal-clerical orders. It was noted that existence of the separation of powers for a long time before the period of the bourgeois society says that the separation of powers, as such, does not protect society from slavery and serfdom, arbitrariness and tyranny, inquisition and oppression, but, on the contrary, can increase the number of tyrants, independent of each other. The authors say that the separation of powers into the legislative, executive and judicial branches does not protect society from tyranny and usurpation of power by one party, while the incompleteness of the separation of powers (in particular, in the countries of the Anglo-Saxon legal family) does not turn the state into a tyranny. The authors pay attention to the critical view on the separation of powers in the works of J. Bodin, T. Hobbes, G.F. Szerszeniewicz, who say that the real separation of powers is dangerous to the unity of the state. It was emphasized that the theory of separation of powers contradicts the basic characteristics of the state sovereignty, defined by J. Bodin, because if the power is limited and separated into several branches, then it cannot be unified, supreme, absolute and permanent. The historical experience of different riots, rebellions and civil wars, that confirms the validity of the mentioned concerns, was provided. It was noted that the separation of powers in the state can have only a functional nature. It was noted that excessive separation of powers can paralyze state management or significantly complicate the system of state authorities and intensify the struggle between them, which will contribute to the establishment of a dictatorship. The authors support the position of G.F. Szerszeniewicz that the «legal self-limitation of the state» is a fiction and indicate that, theoretically, the limitation of the state by law is most likely in the states of the Anglo-Saxon, religious or traditional legal family, where the legislation, created by the state, is not the main source of law. Following B. Constant, it was stated that, in fact, the number of branches of power in the state is much greater than 3, and it was noted that, in particular, in modern Ukraine, we can talk about 9 branches of government, which creates the need to rethink the classical postulates of the theory of the separation of powers and the mechanism of checks and balances, as well as the necessity of expansion and addition of the typology of political regimes, etc. [ABSTRACT FROM AUTHOR]

How were the privacy problems of photography discussed in journalists’ legal discourse between 1890 and 1920, and how did that discourse influence the emerging law of privacy within their professional field, and the role of photography in journalism? New technologies and practices were incorporated into a drastically changing journalism field at the turn of the twentieth century, sparking debate about the boundaries between new forms of reporting and personal rights to privacy and publicity. This article adds nuance to that history by using the conceptual framework of institutionalism to analyze trade press discourse along the new frontier of photographic illustration in the news. It argues that an institutional lens can help us understand how a discourse full of contradictions shored up the emerging model of commercial news media along with a sexist conception of the law of privacy. Seeing how the press balanced professional and economic demands for depictions of everyday life against these social concerns can clarify our picture of how the law of privacy and publicity has developed amid the media marketplace of the twentieth and early twenty-first centuries. [ABSTRACT FROM AUTHOR]