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This research explores how a new relation of production—the shift from human managers to algorithmic managers on digital platforms—manufactures workplace consent. While most research has argued that the task standardization and surveillance that accompany algorithmic management will give rise to the quintessential "bad job" (Kalleberg, Reskin, and Hudson, 2000; Kalleberg, 2011), I find that, surprisingly, many workers report liking and finding choice while working under algorithmic management. Drawing on a seven-year qualitative study of the largest sector in the gig economy, the ride-hailing industry, I describe how workers navigate being managed by an algorithm. I begin by showing how algorithms segment the work at multiple sites of human–algorithm interactions and how this configuration of the work process allows for more-frequent and narrow choice. I find that workers use two sets of tactics. In engagement tactics, individuals generally follow the algorithmic nudges and do not try to get around the system; in deviance tactics, individuals manipulate their input into the algorithmic management system. While the behaviors associated with these tactics are practical opposites, they both elicit consent, or active, enthusiastic participation by workers to align their efforts with managerial interests, and both contribute to workers seeing themselves as skillful agents. However, this choice-based consent can mask the more-structurally problematic elements of the work, contributing to the growing popularity of what I call the "good bad" job. [ABSTRACT FROM AUTHOR]

US state legislation requiring parental involvement in the abortion decision of a minor has grown in prevalence since its origin in the 1970s. Today, 36 states impose a parental involvement requirement on their residents below the age of 18. These laws come in two primary categories: parental notification and parental consent. Though much research estimates the effects of these policies, limited evidence exists regarding any differential impact between parental notification and parental consent. This paper uses the synthetic control method to determine if the increased marginal cost of an abortion imposed by a parental consent statute affects the abortion rate and birth rate for minors relative to parental notification. Results indicate no evidence of a marginal effect of parental consent laws on the abortion/birth rate for minors overall, suggesting that the additional cost of a parental consent law may be small. [ABSTRACT FROM AUTHOR]

After #MeToo, academics have become increasingly focused on the liberal concept of consent. Either problematized as a means of distinguishing between sex and rape, or vaunted as a tool for having better sex, consent remains central to discussions of sexual violence. Returning to Andrea Dworkin's thought, this article argues that contemporary feminists must move beyond consent and recenter the problem of violence to theorize rape. Dworkin, alongside Catharine MacKinnon and Carole Pateman, critiques consent for disguising the violence of rape, sex, and pornography. By defining violence as a process of objectification, Dworkin exposes rape, pornography, and most controversially, consensual heterosexual intercourse as "a new kind of death." She, in turn, calls for the feminist exercise of violence as a tactic of disclosure that promises to make visible patriarchal violence hidden by consent and sexualization. Moving beyond consent to recenter the problem of violence, I conclude, opens up new avenues for feminist action and brings into view the seemingly unthinkable possibility of a world without rape. [ABSTRACT FROM AUTHOR]

Purpose: This paper aims to discuss the positioning of international organisations (IOs) in the realm of international law. It proposes a more robust approach, arguing IOs have legal obligations akin to states to the extent which could be fulfilled by them. This paper suggests making IOs parties to international treaties like the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic Social and Cultural Rights (ICESCR) and Geneva Convention 1949 to codify their international responsibilities. In addition, it proposes amending multilateral treaties to grant IOs membership and create binding legal obligations for them, thereby enhancing the overall legal framework for IOs. Design/methodology/approach: The paper opted for qualitative analytical approach of research by referring to international treaties and scholarly papers. Findings: The authors have evaluated the bindingness of international law on IOs. The authors argue that jus cogens and customary international law are equally binding on IOs. However, treaties could only be binding on IOs to the extent of their consent. The authors have assessed prior violations of IOs. The authors argue that, to prevent such violations by IOs, creating obligations is the first step. Second, amendments are required in the existing international treaties that reflect the foundations of international humanitarian and international human rights law like the Geneva Convention 1949, ICCPR, and ICESCR, to permit IOs to join these treaties, resulting in binding international legal obligations. Research limitations/implications: The most prominent assertion of this paper is that IOs as subjects of international law are bound by the principles of international law, including treaty law with consent, customary international laws, general principles of law and peremptory norms. To fulfil these obligations, a regime needs to be introduced wherein amendment is made in treaties to make IOs parties to them and structuring the law on responsibility for IOs. Considering the multifaceted nature of IO, the role it performs in contemporary times requires them to be bound by rules of international law just like states. There is a need to settle their position in global governance and give them more teeth to understand and fulfil their duties to ensure smooth functioning in the long run. Originality/value: The paper fulfils an identified gap in the positioning of IOs under the international law. [ABSTRACT FROM AUTHOR]

While sexual harassment and abuse (SHA) can be perpetrated by various individuals in sport, coaches have been studied as one of the most frequent perpetrators due to their physical and emotional proximity to athletes. This systematic review attempted to evaluate the past 20 years of research (2003–2023) examining SHA and inappropriate intimate relationships between coaches and athletes. Using the Preferred Reporting Items for Systematic Reviews and Meta-Analysis (PRISMA) guideline, 20 studies that met the eligibility criteria were identified using four databases (PubMed, PsycNET, ScienceDirect and SportDiscus). Findings reveal common thematic measures among the studies reviewed, including characteristics of SHA (n = 9), coach-athlete sexual relationships (CASR; n = 7) and grooming (n = 4). Based on the narrative synthesis of each thematic measure, SHA in sport is experienced and/or perceived as various forms of sexual misconduct, ranging from harassment (e.g. sexual jokes, unwanted comments, fondling) to abusive behaviors (e.g. kissing, showing coach's private body parts, sexual intercourse). Although some studies show the acceptance of CASR especially when athletes are above the age of legal consent, the strong majority of studies suggest that CASR in general is harmful and unacceptable given the unequal power dynamics between the two parties. Additionally, grooming was often involved as a conscious strategy to cross athletes’ personal boundaries for eventual sexual misconduct through building trust and manifesting seemingly innocuous behaviors. Overall, these findings shed light on the current state of research on SHA occurring between coaches and athletes and have implications for sport governing bodies and organizations to be better aware of the issue, which in turn can result in creating a safer environment for youth athletes. [ABSTRACT FROM AUTHOR]

The article "MOBILITY, MIGRATION, AND DOMESTIC SERVANTS IN MID-NINETEENTH CENTURY EGYPT" published in Mashriq & Mahjar Journal explores the case of a domestic servant named 'Abida who fled from her employer's household and was involved in a sexual offense. The article delves into the complexities of mobility, age, and gender in the context of urban spaces and the lives of domestic servants in elite Ottoman-Egyptian households during the mid-nineteenth century. It highlights the challenges faced by working-class servants, many from rural backgrounds, and the legal and social dynamics surrounding cases of sexual offenses and mobility in that historical period. [Extracted from the article]

How is the validity of our consent, and others' moral permission to act on our consent affected by coercion? Everyone agrees that in cases of two-party coercion—when X coerces Y to do something with or for X—the consent of the coerced is invalid, and the coercer is not permitted to act upon the consent they receive. But coercers and the recipients of consent are not always identical. Sometimes a victim, Y, agrees to do something to, with, or for Z because they are being coerced by X. Recently, several philosophers have argued that consent under third-party coercion can be fully valid. We argue that this view has troubling implications. We develop a novel view of consent in third-party coercion cases, which we call the partial validity account. The core idea is that, under severe coercion, Y's consent is at most partially valid—it reduces the strength of, but does not completely dissolve, Z's consent-sensitive duties. We argue that the partial validity account gets the right results in important cases and explains the moral factors at play better than alternative accounts. [ABSTRACT FROM AUTHOR]

In the biolaw literature, the concept of valid consent is sought to be accredited instead of informed consent when discussing medical responsibility and doctor's obligation to inform the patient, as part of their professional obligation, to provide them with treatment/care. In this paper we present a few cases related to ECHR and also a current case of possible malpraxis presented to the Romanian Court, not yet solved at this date. The central ethical problem represents the discussion on valid consent from the perspective of the theory of international human rights law. [ABSTRACT FROM AUTHOR]

The article presents the discussion on importance of obtaining consent and promoting self-determination for people with intellectual disabilities through the use of plain language. Topics include critique of normalcy, the distinction between medical and social models of disability; and the integration of plain language in research methods and communication for greater inclusivity.

Copyright of Journal of Soochow University Law Edition is the property of Soochow University 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.)

Copyright of Law & Justice Review is the property of Justice Academy of Turkey 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.)

Amid the rapid advancement of digital technology in India, there is a growing concern regarding data protection and digital privacy. The recent DPDP Act 2023 also reflects the significant emphasis on a robust privacy practice. This paper examines the effectiveness of consent, a crucial principle and a subject of many debates in data privacy regimes. Despite being a cornerstone of privacy regimes globally, the consent-based approach has significant limitations. For instance, its binary character allows for a yes or no response and its inability to guarantee data subjects to make an informed choice. The study is set against the prominent data breaches and the Indian Government’s effort to strengthen data protection measures. The study also examines the theoretical and legal aspects of consent by analysing the fundamental ideas that form the basis of the DPDP Act, 2023, protecting the consent framework. It questions whether the current form of the Act aligns with the landmark Privacy Judgement. It concludes by exploring alternative and more adaptable mechanisms for implementing informational privacy that might effectively address the specific issues in the Indian context while taking inspiration from other jurisdictions like the EU. [ABSTRACT FROM AUTHOR]

This study addresses the mechanism of the commitment to disclosure. Both professionals and physicians bear the crucial responsibility of providing information that is not only accurate but also understandable and appropriate for the intended patient or consumer. By mirroring its international counterparts, Algerian law mandates this duty, attaching legal consequences for its breach. Before any medical intervention, a doctor must obtain the patient’s consent, fulfi lling an essential preliminary step. Likewise, before initiating a sales process, a professional must inform the consumer about all necessary details regarding the product or goods. This paper delineates the extensive aspects of this obligation, including its defi ning features, evidentiary requirements, and the nature of the resultant damages from non-adherence. The aim is to recalibrate the balance of power within medical and consumer interactions, thereby augmenting the safeguarding of patients and consumers. This duty is considered one of the fundamental rights of patients and consumers, linked to ethical and humanitarian responsibilities, and is a precursor to obtaining consent. [ABSTRACT FROM AUTHOR]

The Indian Reorganization Act (IRA) of 1934 led many American Indian tribes to adopt formal constitutional texts to govern life on reservations. Over the following decade, dozens of tribes ratified their constitutions in hopes that they would start a new age of tribal self-governance. Given the opportunities for constitutional design subject to constrains, we develop a theory of constitutional choice on reservations. Tribal constitutions varied substantially in content and structure. We evaluate the constitutional choices tribes made regarding four areas: membership requirements, direct democracy, restrictions placed on officials, and protection of private property. Our theory yields several hypotheses that we test against data on 117 tribal constitutions, most of which were ratified in the aftermath of the IRA. The results provide evidence for the validity of our hypotheses. [ABSTRACT FROM AUTHOR]

The article delves into the concept of reimagining consent within privacy law frameworks as a form of democratic election. It focuses on the pivotal "Great Election of 2021," where users opted to limit tracking in Apple's iOS 14.5 update. It explores the potential for consent mechanisms to mirror the principles of voting, aiming to enhance user engagement and legitimacy in technology design and governance.

The draft Code of Conduct for Research is an important initiative towards assisting the scientific community in complying with the provisions of the Protection of Personal Information Act 4 of 2013 (POPIA). However, its approach towards cross-border data sharing should be reconsidered to clarify the ambiguities inherent in the legal requirements for the cross-border sharing of health data in the POPIA. These ambiguities include the concept of 'transfer of information', the application of adequacy as a legal mechanism for transfer, the nature of consent for cross-border sharing and the scope of the recipient third party. We suggest that the draft Code of Conduct for Research can be improved by: • Explaining or defining the concept of 'transfer of information' and when it applies to cross-border sharing in research • Clarifying the application of adequacy as a legal mechanism for transfer vis-à-vis the other alternatives • Expanding on the interpretation and application of consent as a legal mechanism for cross-border transfers • Expanding the category of persons who may be recipients of personal information in a third country. [ABSTRACT FROM AUTHOR]

Copyright of Critique of Law: Independent Legal Studies / Krytyka Prawa: Niezalezne Studia nad Prawem is the property of Akademia Leona Kozminskiego 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 article focuses on the challenges and limitations of obtaining meaningful consent in consumer transactions involving data privacy. It critiques the current approach to consent in privacy law and proposes viewing consent as "murky" to reduce its power in data transactions. It suggests that while contract law may not provide all the answers to privacy law's consent issues, court standards for assessing consumer consent to online terms and conditions can offer a useful framework.

The Fourth Amendment is a mirage. On paper--in the rules studied by law students, analyzed by scholars, and proclaimed by jurists--its limitations are many and, oftentimes, significant. Yet the experience of large numbers of Americans is entirely to the contrary, thanks to the rights-annihilating, under-theorized exception of "consent." Under its guise, law enforcement officers routinely conduct what would otherwise be constitutionally-restrained searches and seizures, and they do so without meaningful explanation or assent. Fortunately, change--whether legislative or (ideally) constitutional--could be straightforward. Thanks to other sufficient triggers, consent could be replaced by a narrow, rights-protective doctrine under which law enforcement could continue to accomplish its aims--and in a more fair and evenhanded manner--and that would produce public data that could be mined for evidence of bias or manipulation. In this Article, then, we make the case for the abolition of Fourth Amendment consent except as an emergency doctrine, a move that would improve policing and restore an intended measure of human dignity and autonomy to the people. [ABSTRACT FROM AUTHOR]

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

Extensive scientific evidence suggests that peer interactions influence sexual and affective relationships. Coercive discourse in some peer interactions has also been shown to adversely affect consent in those relationships. However, more research is needed to understand how consent (or the lack of it) is internalized during life trajectories, specifically in the awakening of sexual relationships in young women. In the research project CONSENT framework, 36 women between 18 and 25 years of age participated in interviews and communicative groups. This article presents results related to the role of consent in their life trajectories, indicating that consent is undermined by coercive discourse, significantly impacting their life trajectories, especially in the awakening of sexual relationships. The article discusses how coercive discourse is present at times when learning to decide freely is crucial and decreases consent in relationships. [ABSTRACT FROM AUTHOR]

Despite recent criminal law reforms to define rape through the lack of consent, practical questions remain about how to regulate different kinds of violations of sexual autonomy. Many common law scholars have found it eye-opening how much more extensive and easily accepted the protection of property rights is compared to the protection of sexual autonomy. But when the rationale of criminalization resides in human rights, such a comparison is alien; protecting human dignity appears separate from protecting instrumental property rights. Considering rape a subversion of our ownership rights to our bodies (the property model of rape) is rightly regarded as problematic. This article argues that comparing sexual crimes and property crimes is not predicated on the property model but rather on autonomy itself. Comparisons based on autonomy could help resolve practical dilemmas of consent-based rape laws while respecting human dignity and thus be fruitful research pursuits within a human rights tradition. [ABSTRACT FROM AUTHOR]

Copyright of Investigaciones Historicas is the property of Universidad de Valladolid, Facultad de Filosofia y Letras 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.)

This paper aims to foreground the persistent ethical conundrums within the process of engaging children labeled with intellectual disabilities in the research process. I consider what happens when researchers are embedded within and committed to sustaining relationships with disabled children? I explore the possibilities of the enactment of consent as an ongoing negotiation between researcher and research participants. I contend that resisting and transforming unbalanced relations of power within research take seriously the importance of remaining mired in the ethical conundrums of the constant negotiation of research relationships that include making space for participant refusals throughout the research process. [ABSTRACT FROM AUTHOR]

In the article, the author discusses issues on personal jurisdictional law in the U.S. by analyzing the case Mallory v. Norfolk Southern Railway Co. Other topics include the American law of personal jurisdiction over corporations, the Supreme Court's adoption of consent theory, forum shopping, and the minimum contact test.

Copyright of Diversitas (17949998) is the property of Universidad Santo Tomas, Facultad de Psicologia 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.)

Research with children is influenced by researcher's own perspectives and the diverse constructions including socio cultural perspectives of childhood. Are young children respected and cared for or overlooked by the practitioner or researcher's personal goals in research? Are issues, related to ethics in relation to children's consent and participation in research lost in translation especially in terms of expectations and interpretation in different cultural contexts. This paper explores the diverse perspectives of issues around ethics related to research with young children in early years settings. It questions the perceived tensions around adults' decisions about children's participation in research. The issues related to children's voice, gatekeepers of consent, participation, power, and children's rights will be discussed and the extent to which they influence the decisions which adults make about children's participation in any research. [ABSTRACT FROM AUTHOR]

The article focuses on the prevalence of consent notices on websites following the implementation of legal regulations like the GDPR, raising questions about their effectiveness in informing users about privacy risks. Topics include the criticism of the 'notice and consent' system, challenges in users' understanding of data transactions, and proposing an interdisciplinary methodology to assess the effectiveness of consent notices in informing users about risks to their fundamental rights.

The article focuses on the legal framework surrounding the use of personal data in scientific research, particularly under the GDPR . Topics include the conditions and justifications for processing special category data, challenges in relying on consent, and the implementation of research-related provisions in Maltese data protection legislation.

In the realm of American law, the evocative imagery of the "long-arm statute" has persistently captured the imagination. This metaphor envisions a court extending its reach, its metaphorical "long arm," to draw a nonresident defendant into its jurisdiction. Yet, this visualization is only part of the story. Beyond its capacity for coercion, this extended arm can also offer a handshake of mutual agreement. This handshake is the essence of consent jurisdiction, delineating when parties voluntarily subject themselves to the jurisdiction of a territorial sovereign. The historical narrative of consent jurisdiction has witnessed twists and turns, often overshadowed by other bases of jurisdiction. The advent of long-arm statutes and the "minimum contacts" criterion deflected attention from the concept of implied consent statutes of the past, fostering an assumption that consent was a consistent and unassailable basis for jurisdiction. However, recent shifts in Supreme Court perspectives have reignited debates around consent jurisdiction. Parties have revived old strategies, employing consent and implied consent tools to establish personal jurisdiction over outof- state defendants. As courts grapple with this evolving landscape, it becomes essential to untangle the complex threads of consent jurisdiction and to forge a coherent framework. Amidst this backdrop, this article delves into the historical evolution of consent jurisdiction, unveiling its varied dimensions and clarifying its legitimacy. It navigates through misleading interpretations and explores potential explanations for the validity of consent as a jurisdictional basis. Contrary to historical pedigree or a simple alignment with International Shoe's principles, the true foundation of consent jurisdiction lies in a principle of deference. It reflects a harmonious coexistence of private parties' volitional actions and legislated statutory authority. This approach recognizes legislatures as interpreters of constitutional boundaries, offering a platform for interbranch dialogue. Ultimately, the concept of consent jurisdiction captures the essence of party autonomy, combining private acts and legislative definitions to provide a coherent framework for navigating this complex territory. [ABSTRACT FROM AUTHOR]