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In Africa, homosexuality is routinely understood as a form of immoral behaviour. This has great implications for the physical and psychological well‐being of homosexuals in Africa. One of the reasons why homosexuals are sometimes understood to be behaving immorally is because it is believed that same‐sex relations are unnatural. I think that this conception of unnatural is grounded on the perverted faculty argument, although this is not often expressed in such terms. In this article, I will develop a concept of natural grounded on the concept of Ukama. I will show that despite Ukama implying a functional conception of nature, just like in the perverted faculty argument, it does not imply that homosexuality is immoral. [ABSTRACT FROM AUTHOR]

The American Medical Association (AMA) was a major player in debates about vivisection in the late 1800s to mid-1950s. This article provides an overview of arguments and guidelines the AMA once offered in favor of the practice in 1909. [ABSTRACT FROM AUTHOR]

In this paper, I try to reconcile the vulgar (normative) definition of punishment with the positivistic (purely descriptive) definition that separates the ethics of punishment from its definition—punishment positivism. I will argue that although the vulgar definition has critical issues, this does not mean that we should stop using normative concepts in the definition of punishment. I will attempt this reconciliation by considering one of the prime arguments in favour of punishment positivism—namely, definitional stop—and show why it doesn't work. I will proceed by presenting a functional argument in favour of what I call punishment moralism: the idea that punishment should be considered as a response to perceived wrongdoing. This definition, while using normative concepts, still remains descriptive. In this way, I hope to be able to solve the problem of both views by combining their insights. [ABSTRACT FROM AUTHOR]

How can tort reparation be justified? Stephen Perry's comparative account relies on two ideas: (1) the loss arising from an injurious event should be distributed between the injurer and the victim rather than be borne by society at large; and (2) the distribution of loss between the injurer and the victim depends on a comparison of their "relative degree of fault." Many believe that a strength of the comparative account lies in its ability to explain apportionment in contributory negligence cases. I argue, to the contrary, that such cases pose a serious difficulty for the account. [ABSTRACT FROM AUTHOR]

The debate on alternative punishments appears to be stagnating. The impasse may be overcome if we consider humans from a different philosophical perspective. If we answer differently the question of who we are punishing, we open new possibilities regarding the question of how we punish. In particular, by applying the extended mind thesis we can arrive at interesting outcomes and reopen the debate on alternative punishments. According to this theory, external artifacts—such as smartphones—can be considered part of our minds. In this article, I defend the thesis that restricting access to personal technologies that are a part of one's self should be considered a form of punishment. Thus, a human who is considered from an extended perspective can be punished in a new way. [ABSTRACT FROM AUTHOR]

Various authors have claimed that law has an ideal dimension owed to a claim to correctness. Against this thesis, this article argues that there are several ideal dimensions of law, namely, a moral, a legal, and an ontological one. All of them are independent of a claim to correctness. This claim can be understood in a strong and a weak way. Both versions are wanting because law claims neither that it is morally ideal nor that it is not grossly unjust. Consequently, the ideal dimension of law has to be found in features other than in a claim to correctness. [ABSTRACT FROM AUTHOR]

This article analyses how the Chagos Archipelago Advisory Opinion (2019) has contributed to the determination of the role of General Assembly resolutions in the identification of customary norms. By exposing, firstly, the many theories on the weight of these international organisations' instruments and, secondly, which of these conclusions are considered customary (by the International Law Commission's work on Identification of Customary Law and by the International Court of Justice's jurisprudence); it defends that the Chagos advisory opinion has innovated in three main points. Firstly, the resolutions were not subsidiary evidence, but rather the central point of analysis for establishing the existence and scope of the right to self-determination. Secondly, the Court has offered more elements to be observed in these instruments than it ever did. Thirdly, although maintaining the focus on State practice, the Court acknowledged the role of the General Assembly, as one collective organ, on decolonisation as relevant. [ABSTRACT FROM AUTHOR]

Many common law jurisdictions recognise that directors have an obligation to consider the interests of company creditors when the company is experiencing financial distress. Despite numerous cases attempting to crystalise legal principles related to this obligation and significant academic commentary on the topic, the parameters of the obligation remain uncertain. This paper provides an analytical comparison of the latest case law in Australia and the UK concerning the two most important issues that exist in relation to this obligation, namely when is the obligation triggered and what do directors have to do to ensure that they comply with the obligation. We found that the UK courts appear to be adopting a much more restrictive approach regarding the trigger for the obligation, whereas the obligation may arise much earlier in Australia, due to the liberal framing of the trigger. An analysis of case law also revealed that the weight attached to the interests of creditors once the obligation is triggered seems to be much more significant in the UK, compared to Australia. This analysis is important as there is no doubt that courts in other common law jurisdictions, and particularly in the Commonwealth, will examine the Australian and UK jurisprudence in making their decisions in relation to any claim that directors have failed to comply with the obligation to consider the interests of creditors. [ABSTRACT FROM AUTHOR]

Copyright of Arts Magazine is the property of Thamar 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 Arts Magazine is the property of Thamar 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.)

Previous research have considered presupposed knowledge as a communicational difficulty in conceiving the meaning of the articles of the legal cods by the reader / addressee. The main question is this: to which extent is the scope of the presumed knowledge? The hypothesis in this research, based on the functional grammar approach, is that the scope of presumed knowledge extends to the extent that in -text and out -of-text references expand the scope of text and meaning. We, in implementation, based on some selective and incidental articles from the Code of Criminal Procedure (CCP), have followed the scope of their references in order to discover its in -text and out -of-text network. The research results show that the domain of presumed knowledge, networked, includes all law codes, legal texts, legal theories, judicial structure, and related knowledge. The following types of references continuously delay the meaning of the clause and article to the last frontiers of presupposed knowledge: explicit references (in -text and out -of-text), implicit references (in -text and out -of-text) including: heterogeneous references, concurrent references, iterative references, and negative reference. Heterogeneous references show that criminal laws (Code of Criminal Procedure, Penal Code, and other criminal codes) focus on the "crime" as the core signifier reflecting the network of knowledge which is presupposed. The results show that any reference, even explicit reference, creates a level of communication complexity and becomes more difficult when the articles, rules, and texts refer to each other back and forth. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal 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 shift towards human rights is a cornerstone of contemporary labour law scholarship. However, the debate primarily follows a naturalistic approach, heavily reliant on an orthodox account of human rights as universal moral claims for all individuals. This article challenges this approach, arguing that it frames the debate in an antagonistic and compartmentalized manner, where the two legal domains are seen as distinct and homogeneous. By adopting a political approach, the article proposes framing the interactions between these legal realms through the notion of legal-conflict constellations, wherein labour-capital conflicts manifest as specific social problems that may be addressed, wholly or partially, through rights discourse. These legal-conflict constellations are built around three interconnected processes: politicization, recentring class and the formation of productive resistance alliances. The article makes the following contributions. First, it situates the debate within the broader context of the reshaping of labour law under neoliberalism. Second, it sheds light on the prevailing naturalistic approach and its shortcomings. Third, it proposes a political approach to the debate, advancing a framework to explore the intricate links between these legal fields. [ABSTRACT FROM AUTHOR]

The enforcement mechanisms of anti-discrimination law manifest a puzzle: while the dominant view is that discrimination is a wrongdoing against individuals, which suggests that discriminatees should have the power to vindicate their rights, legal provisions sometimes authorise public officials to file claims against alleged discriminators, regardless of discriminatees' preferences. Seeking to make sense of this puzzle, this article draws on theories of state enforcement under criminal law to explore the justification of public enforcement under anti-discrimination law and reflect on the nature of discrimination more broadly. It claims that an instrumental justification of public enforcement of anti-discrimination law is left wanting. Instead, it argues that public enforcement in this domain is warranted because discrimination is not only a private wrong against individuals, but is also a public wrong, namely a wrong against the community as a whole. [ABSTRACT FROM AUTHOR]

Ancient allures the postmodern social subject trapped in the strangeness of time—the time after the end of history. For that time-beaten subject ancient is the unconscious of coherence, predictability, and certainty. Or perhaps that ancient is a glory fled. Whatsoever, ancient is generally sacralized—irrespective of the type of socialization that happened in the past—and journey to the ancient is often deemed to be a pilgrimage. When ideas of the ancient in their individuality and totality inter alia become the natural intellectual resource for rebuilding postmodern societies, discriminative ingenuity becomes an essential faculty. Any uncritical reverence of the ancient becomes antithetical to modern social and political values, inviting the risk of reproducing inequities of the past. This article problematizes such uncritical dependence on the ancient using Ancient Indian Jurisprudence, which has been looked up on as a repository of moral and legal values, as a case in point. It meditates from the experiences and perspectives of an imaginary 'teaching subject' on the many pitfalls and possibilities of the ancient as it builds a framework of teaching and learning, and a representative scheme of evaluation for Ancient Indian Jurisprudence. [ABSTRACT FROM AUTHOR]

Self‐induced extreme intoxication akin to automatism (SIEA) is a complicated and controversial legal concept resistant to jurisdictional consensus. In the United States, SIEA has, at times, been considered under the concept of “settled insanity.”. In the United Kingdom, the defense may be allowed for specific intent crimes, though the defendant's awareness of the foreseeability of risk is addressed at trial. In Canada, recent jurisprudence has led to legal and practice landscape changes related to self‐induced extreme intoxication. Here, we provide an overview of automatism and an update on the Canadian perspective with a review of the facts and an analysis of the Supreme Court of Canada's landmark decision in R v. Brown, where the court permitted the SIEA defense to be utilized for general intent crimes and acquitted Matthew Winston Brown, a 26‐year‐old male with no history of mental illness, with respect to two counts of “break and enter” and one count of “aggravated assault.” We review the social and legislative response to the changing case law as well as related implications for expert testimony, which may be provided by forensic mental health professionals. Given the judicial and legal implications of the recent changes for both perpetrators and victims of violent crime and given the dynamic international landscape on extreme intoxication in criminal law, the review is thought to be of interest to a broad category of stakeholders including policymakers and those working in forensic psychiatry and law. [ABSTRACT FROM AUTHOR]

To promote open and safe access to court hearings for families and professionals during the COVID-19 pandemic, juvenile and family courts across the United States shifted towards virtual hearings in child welfare cases. Drawing on findings from a four state court observation study conducted pre and post emergence of the pandemic, as well as from a national survey of court professionals and a survey of parents, we reflect on the experiences of courts and court participants with virtual hearings in child welfare cases and specific impacts on hearing quality. Findings indicate that despite stakeholder perceptions, there is little difference in the quality of hearings with respect to judicial engagement and discussion. Differences were found however, in the attendance of fathers and relatives at hearings, with less fathers and relatives attending virtual hearings. Parents had mixed experiences with the virtual hearing process. Professionals noted challenges, as well as strategies for overcoming challenges, to engage parents and ensure their access to virtual hearings. [ABSTRACT FROM AUTHOR]

The study aimed to identify the effectiveness of a program based on the constructivist approach to teaching jurisprudence in developing health concepts for first-year secondary school students in Amran Governorate in the Republic of Yemen. To achieve the objectives of this study, the researcher prepared a list of health concepts consisting of (40) sub-concepts, distributed in (7) main fields, and built a program based on the constructivist approach to teach the subject of Islamic jurisprudence related to the development of health concepts. The researcher used the semi-experimental approach with a one-group design. The instrument of this study was a test including health concepts. The sample of the study consisted of (60) male and female students who were chosen intentionally from (3) three various schools of firs-tyear secondary school students in Amran Governorate. The study was conducted during the second semester of the 2022/2023 academic year In Amran. The study concluded the following results: There were statistically significant differences at the level of (0.001) between the average scores of the experimental group members in the pre-and post-applications of the health concepts test. The differences were in the direction of the post-application. The results also revealed the effectiveness of the program based on the constructivist approach to teaching jurisprudence to develop health concepts for first-year secondary school students in Amran City. Therefore, the study recommended benefiting from the list of health concepts that this study concluded when preparing health development programs to teach any course of the branches of Islamic education for the secondary stage. Additionally, the study recommended including the concepts of health and awareness in the Islamic education curriculum in the secondary stage and providing students with positive attitudes toward them. [ABSTRACT FROM AUTHOR]

This article critically analyses the legal provisions on rape by deception in India. It begins by examining the strength of jurisprudence established by the courts in India for criminalising deceptive sex using doctrinal and theoretical methodologies. The article would then engage in an analysis of appellate judicial decisions in India on the said law. Thereafter, the article engages in a critical analysis of jurisprudence of the law on deceptive sex in the English jurisdiction in order to draw valuable lessons for the Indian jurisdiction. Then, the article would attempt to formulate a test for criminalising deceptive sex. Finally, the article will conclude by emphasising on the need to enact an offence independent of the existing rape law in India, that criminalises procuring sexual relations using deceptive means, based on the principle of fair labelling. [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]

The thought of rule by virtue in ancient China holds a significant role in Chinese ideological history. Because of the similarity in nature and authority, morality in ancient China played a similar role to religion in Western countries. The Confucian rule by virtue thought in the pre-Qin dynasty profoundly influenced subsequent generations. During the pre-Qin period, Confucian rule by virtue thought evolved—from personal cultivation to statecraft, integrating law and ritual. Concepts of rule by rite, rule by man, and rule by virtue intertwined with the legal philosophies of Confucius, Mencius, and Xunzi. Confucian moral governance focuses on human values and life quality, retaining relevance today. Constrained by historical and social contexts, it had unique dilemma and unobservable limitations. In order to eliminate the ideological dilemma, a return to virtue and law while adhering strictly to their boundaries is a feasible path for the Confucian rule by virtue thought from the pre-Qin Dynasty to the modern era. [ABSTRACT FROM AUTHOR]

Leibniz's jurisprudence and theory of natural law, which began development as early as the 1660s, has implications for his mature theodicy. In this essay, it is shown that based on an analysis of a few key jurisprudential texts, the Nova Methodus (1666), the Elementa Juris Naturalis (1670–1671), and the Codex Juris Gentium Diplomaticus (1693), Leibniz developed the legal term 'obligatio' from Roman Law and the Spanish Jesuit traditions, but that his usage shifted at different stages of his life. Nevertheless, these views are compatible and provide a grounding for his philosophical optimism. It is further shown that Leibniz took the concept of obligatio to provide something like legal standing (locus standi or klagebefugnis) so that rational minds can undergo the theodicean project, that is, because God has obligations to substances, they can seek an explanation for their suffering from God. And because human reason is analogous to divine reason, according to Leibniz, God provides the explanation that the actual world is the best possible world. The goal, then, is to prove that we should take Leibniz's insights into jurisprudence more seriously, at least in part, because they help to explain his philosophical optimism. [ABSTRACT FROM AUTHOR]

Since the parliamentary elections in 2015 and the subsequent change in the personal composition of the Polish Constitutional Court, this institution is in crisis. The Court, once one of the main guardians of the rule of law and a model for the constitutional judiciary in the region of Central and Eastern Europe, is criticized. Judges are accused of lack of proper appointment and party subordination. Court activities are perceived as part of illiberal democracy and populist constitutionalism, that is, introducing majority rule by "switching off" the checks and balances mechanisms by democratically elected parties and groups. However, what is often overlooked in this type of analysis is the more internal perspective of jurisprudence and legal reasoning. What kind of decisions does the "populist" constitutional court issue? How does it justify its decisions? The paper will discuss three cases of the Polish Constitutional Court. The first case is from 2017 and concerns the right of assembly in connection with the introduction of a special category of "cyclical assemblies". The second, of 2019, is the so-called "printer case", which concerned the possibility of refusing to provide a service for reasons of conscience (a refusal to print a poster because of opposition to "LGBT promotion"). The third case is the controversial ruling narrowing access to abortion from 2020. The aim of the analysis is to answer the question of whether the current jurisprudence of the Court is the breaking or continuation of the previously dominant liberal constitutionalism. I will be particularly interested in whether these decisions introduce any changes at the level of possible rights holders (legal subjects), the introduction of a new or changed scope of existing rights, and new ways of resolving conflicts between rights. [ABSTRACT FROM AUTHOR]

The starting point of the paper is that the early constitutional changes after the populist transformation of Hungarian majority state politics (from 2010) and the application of the new Fundamental Law (since 2012) have created difficulty in achieving constitutional justice by judicial means. The fundamental populist constitutional transformation and, within this, the transformation of the regulation of the Constitutional Court have created great challenges for constitutional adjudication. Scholarship on the transformation of the Hungarian Constitutional Court regards the change of jurisprudence as a consequence of the constitutional environment, which ended up in institutional state capture. Basing my arguments on the classic competence-related issues of constitutional justice, activism and deference, I argue here that for constitutional courts, there is always a limited room for manoeuvre by interpretation except for in a 'hard' dictatorship. Populist Hungarian jurisprudence is, therefore, not only a consequence of constitutional change but a contribution per se—a cause of the construction of a populist constitution. This job has been done by constitutional interpretation in an activist or deferent manner with regard to specific politically sensitive issues. EU- and emergency-related constitutional conflicts are used here as examples to explain the proposed assessment criteria. The conclusion is that either the Court is activist or deferent, it contributes actively to the populist construction by constitutional interpretation. [ABSTRACT FROM AUTHOR]

In classical logic, the law of importation (p Λ q) → r ≡ p → (q → r) is a tautology, and it has been extensively studied in fuzzy logics. This paper explores the law of importation in orthomodular quantum logic. Our investigation reveals that the law of importation does not hold for five quantum implications within the context of orthomodular quantum logic. Furthermore, we examine six other quantum implication functions in detail. [ABSTRACT FROM AUTHOR]

Copyright of REMAH Journal is the property of Research & Development of Human Recourses Center (REMAH) 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.)

In this paper, I want to engage in, and move forward, a heated contemporary debate over certain normative positions within the well-known Hohfeldian table of legal relations – a table of dramatic explanatory power. After outlining the uncontroversial core of the table, I will leave the realm of uncontroversiality to enter the realm of controversy. I will enter, and stake out a stance in, a debate over the no-right position. Upon introduction of no-rights, a splinter occurs. There are two positions one might take on no-rights, which I call the Strict Hohfeldian and the Dual. My paper offers decisive reason to favour the latter. Lest there be any doubt – arising from the paper's chief focus on no-rights – the conclusion is one of great philosophical significance: by the paper's end, we will, if only at the high level of abstraction at which this paper is pitched, have a complete understanding of Hohfeld's table. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal 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 Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal 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 Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal 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.)

Artificial intelligence (AI) is the intelligence exhibited by machines or software. Expert systems are one of the common applications of artificial intelligence. Legal expert systems are programs which can reason and think like lawyers. There is an urgent need to develop a legal expert system for the people to solve their legal troubles in order reduce problems to people frequently arising legal solutions or legal queries, there is a need legal lawyer is mandatory, so there is an urgent need for the use of practical AI solutions in many of areas for problems which people encounter in their daily lives. This research paper introduces the introduction, structure, applications or review of a legal expert system. This paper also discusses the advantages, new tools and various research aspects in low expert systems. This paper intends to outline current research trends which are found in low expert systems literature. [ABSTRACT FROM AUTHOR]

The research aims to determine the role that Roman law played in the development of modern jurisprudence. Several methods of theoretical cognition were used in the course of the study, such as analysis, synthesis, comparison, specification, and generalization. As a result, some conclusions have been reached, in particular, that the mechanisms and principles of the Roman legal order, which have existed for many centuries, remain relevant in the modern legal context, and have influenced the formation of political and institutional structures, especially in the field of market relations and economic development. In addition, the study identifies how different branches of Roman law have influenced the further development of jurisprudence. Roman public law (ius publicum) influenced the development of constitutional law in modern countries by regulating relations between the state and citizens. Roman private law (ius privatum) defined the foundations of modern civil law systems, regulating the rights and obligations of citizens among themselves. Also, with the development of trade in Rome, the concept of ius gentium or "law of nations" emerged, which became the basis of modern international law through the formalization of rules and regulations governing the international exchange and circulation of goods. [ABSTRACT FROM AUTHOR]

Islam is the religion of a peace-oriented system that depends upon the duties and rights of its citizens. Any political system that fulfils the basic needs of its system lives longer than those systems that corrupt the rights of its citizens. Moreover, the soundness of any political system depends upon its provisions which govern and fulfil the basic spiritual and biological needs of human beings and its allowance for change. Aside from spiritual and moral aspects of the creed which are permanently established, Islam provides broad principles and frameworks in the area of worldly interactions which makes it possible for the Muslim community to evolve and meet the needs of every period. Its soundness lies in its protection of minorities and providing them with all basic facilities to grow up as sound human beings free from all sorts of discrimination. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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 article has developed a dynamic jurisprudential study that reflects the evolution of the criteria used to interpret consultations on the law's constitutionality. The landmark rulings and the modulative rulings issued by the Constitutional Court have been collected to describe the legal scenarios where it is possible to inapply the law to make the supreme norm prevail. By the arguments contained in the jurisprudential source, it was determined that there is a model of diffuse constitutional control in cases where the judge is certain that the applicable infraconstitutional rule is contrary to the Constitution and, therefore, he is empowered to inapply it, making the supreme rule prevail. It was possible to delimit the legal presupposition that grants the judge the power to apply this diffuse control of constitutionality, and the consequences of such control were established. The methodology has a qualitative approach, which was used through a type of inductive reasoning, taking into consideration that it is a descriptive problem, a review of doctrine and jurisprudence is carried out, which allows extracting details of the scenarios where an infra-constitutional law can be inapplied to make the constitutional text prevail. The result of all this is that diffuse control is indeed foreseen for the case of antinomies according to the binding jurisprudence of the Constitutional Court. [ABSTRACT FROM AUTHOR]

Background: It is an unfortunate truth that Emergency Medicine (EM) physicians will, at some point, have contact with the medicolegal system. However, most EM residency training programs lack education on the legal system in their curriculum, leaving EM physicians unprepared for litigation. To fill this gap, we designed a high-yield and succinct medical legal workshop highlighting legal issues commonly encountered by EM physicians. We aimed to determine the effectiveness of this curriculum by measuring pre and post knowledge questions. Methods: A two-hour session included a case-based discussion of common misconceptions held by physicians about the legal system, proper steps when interacting with the legal system and review of legal documents. This session was developed with the involvement of our hospital legal counsel and discussed real encounters. The effectiveness of the session was determined using pre- and postsession surveys assessing participant knowledge and comfort approaching the scenarios. Results: A total of 34 EM residents had the opportunity to complete this workshop as a part of their conference curriculum. A total of 26 participants completed the pre-survey and 19 participants completed the post-survey. No participants had previous training in the legal aspects of medicine, including handling a subpoena, serving as a witness, or giving a deposition. The pre-survey demonstrated that there was significant uncertainty surrounding the processes, definitions, and the legal system interaction. Many participants stated they would not know what to do if they received a subpoena (85.71%), were called as a witness in a trial (96.43%) or receive correspondence from a lawyer (96.43%). The post survey revealed an increased knowledge base and confidence following the session. 100% of residents reported knowing what to do after receiving a subpoena, being called as a witness and understanding the process involved in giving a deposition. All residents reported that the session was beneficial and provided crucial information. Conclusion: EM residents have limited baseline understanding of how to approach common legal scenarios. Educational materials available for this curriculum topic are limited. Based on the rapid knowledge increase observed in our residents, we believe our workshop could be adapted for use at other residency programs. [ABSTRACT FROM AUTHOR]

This empirical study explores the disconnect between doctrine and practice in the calculation of the life of permanent injunctions issued in trade secret misappropriation cases. The study draws upon findings from a content analysis of cases decided in federal trial court in the fourteen-year period between January 1, 2009 and December 31, 2022. Case law and scholarly commentary on this topic suggest a legal doctrine that is rich, nuanced, and, indeed, rather elegant in its design. Modern doctrine directs courts to carefully refine the life of a permanent injunction barring further misappropriation by considering the time it would take for the misappropriator (or a good faith competitor) to independently develop the trade secret through legitimate business practices. The resulting injunction life, in theory at least, is fact-dependent, narrowly tailored, and precise in its terms. The key finding of this study is startling: What is said in doctrine is seldom what is applied in practice by courts in this arena. The great majority of courts issuing permanent injunctions for trade secret misappropriation paid little to no attention to the nuanced rules set forth by statute and case law; instead, they issued sparse permanent injunction provisions that did not reference time limits. In addition, in most instances the parties to the litigation did not engage with doctrine and did not seek more specificity on injunction duration. The study speculates that current practice may be efficient in terms of conserving judicial and litigant resources. However, we should not discount the value of nuanced rules for providing overarching frameworks for decision-making or for guiding outcomes in cases at the margin where the facts demand the application of more refined approaches. This study thus provides empirical evidence of actual practice regarding permanent injunction life in trade secret misappropriation cases and highlights pathways for future exploration into doctrinal development and judicial decision-making. It demonstrates that scholars, practitioners, and courts alike should approach doctrinal nuances with a degree of caution; it is patently risky to assume that an elegant, refined doctrine, even though articulated in statute or precedent, is necessarily what the parties will assert or what the courts will apply in the trenches of actual litigation. [ABSTRACT FROM AUTHOR]

The author comments on the U.S. Seventh Circuit's interpretation and dismissal of the mosaic theory in Fourth Amendment jurisprudence. Topics discussed include benefits of the use of camera surveillance, definition of the Supreme Court's 'reasonable expectation of privacy' standard from Katz v. United States, and identification of both the federal and state courts' responses in adopting or rejecting the mosaic theory concerning pole-camera surveillance and general data collection.

Rarely in modern tax jurisprudence does the common adage "nothing is certain except death and taxes" receive a challenge in the highest court in the land. This year, the Supreme Court is considering the most existential question concerning the federal income tax in over a century: what is "income"? The definition of "income" has gone through several developments and adjustments since the enactment of the Sixteenth Amendment. Two taxpayers have reached the Supreme Court to challenge one such aspect of the definition of "income "-- whether realization is a constitutional requirement as required by the Sixteenth Amendment. When an accession to wealth over which the taxpayer has complete dominion is not yet clearly realized, should the taxpayers be able to indefinitely defer their gains? Will this new challenge to the federal income tax change the way taxes are treated in the United States? What are the constitutional limits of Congress's taxing power? What would happen to the Internal Revenue Code, and Congress's ability to create new taxes and to fund the government? This Note examines the constitutionality of the Mandatory Repatriation Tax, an alleged direct wealth tax, ongoing litigation in Moore v. United States, what a possible disposition of this case would mean for other pending "wealth taxes" in Congress, and the future of the federal income tax generally.' [ABSTRACT FROM AUTHOR]

Some years ago, a group of authors described and criticized a way of approaching the interpretation of human rights that conceives it as a task consisting of resolving conflicts between rights. This position was termed "conflictivist." The critique targeted the concept of human rights that lies behind conflictivism and its projections on the absolute and universal nature that is claimed regarding these very special rights. This article aims to account for the current state of that critique and some of the objections it received, and to lay the foundations for an alternative proposal, the "harmonization of rights". [ABSTRACT FROM AUTHOR]

The burgeoning social significance borne by death inquests in Hong Kong has ushered in a string of judicial decisions that seeks to remould the interpretation and operation of provisions in the Coroners Ordinance. This article subjects attempts to marshal the right to life as an interpretive conduit to remould these provisions to scrutiny, focusing on its impact on the remit of inquests and the Court of First Instance's power to override the Coroner's refusal to hold one which ought to be held. It contends that such interpretive endeavours are unlikely to yield practical dividends, emerge effective, sustainable or consequential in the long run, or prove defensible on doctrinal grounds. The principal reason lies in the fact that local jurisprudence on the right to life remains thin and underdeveloped, such that it lacks the necessary doctrinal and jurisprudential arsenal to sustain such judicial efforts and furnish principled guidance to the courts on how to arm the remoulded law with real bite. [ABSTRACT FROM AUTHOR]

The Prosecutor's Office plays a crucial role in the functioning of the legal system. However, in reality, the Corruption Court is still located in every provincial capital in Indonesia, which often results in high costs for resolving corruption cases which are sometimes disproportionate to the losses they cause to the state. The author of this research focuses on analyzing circular letters belonging to the Deputy Attorney General for Special Crimes by linking the theory of Legal Economic Analysis as a form of consideration and also explaining how the Prosecutional Office applies a restorative justice approach. The research contributes to the topic discussed by evaluating the policy's significance and the prosecutor-office's role in handling corruption cases through the application of restorive justice principles. This study also aims to provide an overview of the challenges and technical legal issues faced by the public prosecutor in carrying out their responsibility to recover funds and/or state assets. [ABSTRACT FROM AUTHOR]

The concept of 'legal personhood and rights of rivers' has developed as an alternative to anthropocentric legal frameworks that focus only on the instrumental values of rivers. Obtaining legal personhood marks a key milestone in legal recognition that could provide for the protection of rivers for more than the instrumental values that they hold. However, who could be considered legal persons is the subject of widespread debate in Western jurisprudence. Legalists hold that anything and anyone can be a legal person while Realists believe that a legal person is defined by certain attributes held only by certain categories of persons. One of the main arguments against the personhood of rivers raised by Realists is that rivers are not sentient beings and, consequently, they are incapable of holding the status of a legal person. The idea that nature is not a sentient being is mainly a Western construct. This research analyses the theory of legal personhood to determine whether rivers can and should be legal persons. It challenges the Realist claim that rivers cannot be legal persons because they lack sentience, drawing on Indigenous Vedda ontologies in Sri Lanka and Aboriginal worldviews from the continent now called Australia. The authors argue that a pluralistic approach to legal personhood is crucial in recognising and valuing our hyperconnected world, preventing categorisation, homogenisation and colonisation of ontologies and addressing sustainability challenges surrounding rivers. The research contributes to the existing scholarly work by defending the concept of legal personhood for rivers within a more pluralistic legal philosophy and addressing one of its major criticisms. [ABSTRACT FROM AUTHOR]