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In a context where supranational courts order reparations in environmental cases, this article examines whether the International Criminal Court (ICC) should pay attention to the Inter-American Court of Human Rights (IACtHR) reparations jurisprudence in environmental cases. The ICC has yet to engage with environmental cases and order ensuing reparations. However, the ICC Statute contains an environmental war crime, 'ecocide' may be incorporated into it, and some ICC cases/ICC complaints involved environmental damages. This article examines constraints of a potential extrapolation of IACtHR's reparation jurisprudence to the ICC's reparations system in environmental cases: differences between IACtHR's and ICC's mandates, particularly their reparations systems; and potential backlash from states/other actors vis-à-vis 'green' reparations jurisprudence. This article also provides justifications for ICC/IACtHR cross-fertilization: international human rights law is embedded in ICC's reparations law and practice, and need for a coherent international law of reparations in environmental cases across supranational courts. Through adapted cross-fertilization, the ICC's reparations system should consider IACtHR's reparations practice concerning environmental cases. [ABSTRACT FROM AUTHOR]

Many state laws specify procedures for determining surrogate or proxy decision-makers for end-of-life care in the absence of an advance directive, living will, or other designation. Some laws also set forth criteria that the decision-maker must follow when making medical decisions for an incapacitated patient and determining whether to withdraw life-sustaining treatment. This article provides analysis of a medical ethics case on the question of how to address family allegations that the proxy decision-maker suffers from dementia and is unable to make decisions for the patient. Cases such as this involve interwoven legal and ethical considerations including: how to address concerns that the proxy is making questionable or unreasonable decisions, how to evaluate the proxy's decisional capacity, strategies for enhancing communication, and standards for removing a proxy. This article suggests that "surrogacy ladders" in state law serve not only as a procedural mechanism, but also protect important ethical values such as tiers of moral authority for decision-making, relational autonomy, and privacy. [ABSTRACT FROM AUTHOR]

Only a few physicians are willing to comprehensively concern themselves with how a legally watertight treatment documentation should be structured, in addition to their practical activities; however, the importance of the documentation cannot be emphasized enough, not only for a potential case of liability but also for the medical (further) treatment. This article therefore illustrates the legal foundations of the mandatory documentation and the most important questions associated with it for the practice, in particular on the content of the documentation, the timing of the documentation, the preservation of treatment documents and on the conduct in cases of an impending incident. [ABSTRACT FROM AUTHOR]

Background: Teaching through role-plays is a preferred modality when certain behaviours or skills need to be taught. They provide a risk-free environment that simulates a real-life scenario. For a clinician, appearance in a Court of Law as an expert witness is a part of his/her legal obligation. Objective: To explore the utility of Mock Court as an additional teaching tool for undergraduate medical students, in understanding and familiarizing with legal procedures, specifically the courtroom procedures. Methodology: We conducted Mock Court sessions with the students playing various roles, following which feedback was collected from the students, teachers and guest assessors. The data was statistically analysed by comparison of frequencies and paired t-test (pre- and post-session comparison). Results: The study revealed a positive effect of the Mock Court sessions on the students, based on their increased confidence, motivation and a better grasp of legal procedures. There was a statistically significant (p < 0.001) improvement in the understanding of specific aspects of courtroom procedures after the session. Conclusion: The authors recommend the active implementation of Mock Court as a teaching aid for undergraduate medical students, and the use of PDSA (Deming) cycle as a tool for quality-checks and self-improvement in subsequent sessions. [ABSTRACT FROM AUTHOR]

Introduction: Despite significant advances in surgical techniques and patient outcomes, organ transplantation (OT) remains fraught with legal challenges and ethical dilemmas. This study aims to address the notable gap in literature on malpractice claims specifically related to OT, providing insights into litigation trends, outcomes, and implications for medical practice and patient care. Methods: We retrospectively queried the Verdictsearch database from 1988 to 2023, and captured malpractice claims involving several organs. Data on demographics, organ types, and litigation outcomes were collected to compare compensation across different categories of malpractice and patient outcomes. Results: Out of 292 malpractice cases identified, 62 met inclusion criteria, distributed across 19 states with kidney being the most implicated organ (46.8%). Defendants prevailed in 53.2% of cases, while settlements were reached in 29.0%, and plaintiffs won in 16.1% of cases. Surgical errors and complications were the most frequent allegations, followed by medication and treatment errors. The median compensation for deceased plaintiffs was significantly higher ($1,300,000) compared to living plaintiffs at litigation initiation ($128,000). Discussion: Our study sheds light on the challenges and trends in malpractice litigation within the field of OT. By identifying key areas of concern and the influence of patient outcomes on litigation resolution, this study offers valuable insights for healthcare providers, legal practitioners, and policymakers aimed at enhancing patient safety, reducing litigation risks, and fostering a deeper understanding of the ethical and legal complexities in OT. [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]

This paper presents the case study of a British doctor who posted videos on social media platforms denying the existence of COVID-19. The case examines the approach taken by the UK's medical regulator in dealing with doctors who espouse conspiratorial views at odds with accepted medical opinion. In such cases, there may be a conflict between the safety of patients and the public (which is the principal function of medical regulators) and the doctor's freedom of expression (whether under the First Amendment, Article 10 of the European Convention on Human Rights, or another international human rights instrument). During this protracted three-and-a-half-year case, the UK's Medical Practitioners' Tribunal, High Court and--latterly--Court of Appeal have each made it clear that doctors remain free to express views contrary to medical orthodoxy except where they lack any supporting evidentiary basis. In September 2023, an order was made revoking the doctor's licence. Rather than accept the Tribunal's guidance following his initial suspension, he chose to continue promoting his conspiratorial views in a public forum. [ABSTRACT FROM AUTHOR]

Gun violence is a leading public health concern in the US; subsequently, firearm-related violence prevention is a top priority for policymakers. Extreme risk protection order (ERPO) laws are a state-level attempt to reduce gun-related injuries and deaths. These court-issued orders prohibit people found to be dangerous to themselves or others from temporarily purchasing or possessing a firearm. Six states (Colorado, Connecticut, Hawaii, Maryland, Michigan, New York) and the District of Columbia have passed or amended their laws to include nurses as ERPO petitioners. The study's purpose was to conduct a review of state ERPO laws that included nurses as petitioners. Using a legal mapping approach, information on nurse ERPO petitioning was extracted from the seven jurisdictions. ERPO laws with nurse petitioners were passed between 1999 and 2023. Nurse petitioners included advanced practice registered nurse (n = 3), clinical nurse specialists (n = 3), nurse practitioner (n = 3), professional nurse (n = 2), and register nurse (n = 1). Psychiatric/mental health (n = 2) and school nurses (n = 2) were specified. Statutes differed in the handling of disclosed health information as part of the ERPO petition, as well as how health information would be handled by the court (e.g. sealed by the court, confidential by the court, returned to provider/disposed of post-hearing/order.) Three statutes exempted petitioners from civil and/or criminal liability, if petitions were submitted in good faith. Two of these states extended protection from liability to all petitioners, while one only referenced petitioners who were healthcare providers. The study findings have important policy, clinical, and research implications. [ABSTRACT FROM AUTHOR]

US Federal legislation mandates the treatment of underaged youth induced to sell themselves for commercial sex as victims and not criminal offenders of prostitution laws. Nonetheless, state prosecutors often take action in juvenile court against these youth. This study explored the impact of negative moral emotions, victim blame, and victim believability on public judgments of child sex trafficking victims under varying case facts. We presented an online scenario involving a trafficking case to 682 participants and manipulated youth sex, trafficker sex, vulnerability background, and prior arrest history to determine how emotions, victim blame, and believability mediate child sex trafficking decisions. Two different paths emerged depending on the youth's sex. Participants reported greater victim responsibility and greater negative moral emotions towards a male youth trafficked by a female when he had a prior commercial sex arrest, which in turn predicted a lower certainty of recommending social services over legal consequences. With the same facts, participants reported lower believability for a female youth when she had a prior commercial sex arrest, which in turn predicted a lower certainty of recommending social services over legal consequences. The paper ends with a discussion of the implications of the findings for practice and theory. [ABSTRACT FROM AUTHOR]

Health justice as a movement incorporates research about how to more effectively leverage law, policy, and institutions to dismantle inequitable power distributions and accompanying patterns of marginalization that are root causes of health inequity. Legal advocacy is key to health justice because it addresses patients' health-harming legal needs in housing, public benefits, employment, education, immigration, domestic violence, and other areas of law. In medical-legal partnerships, lawyers and clinicians are uniquely positioned to jointly identify and remove legal barriers to patients' health, advocate for structural reform, and build community power. [ABSTRACT FROM AUTHOR]

The medical-legal partnership (MLP) and reproductive justice (RJ) movements both seek to solve complex problems, serve diverse populations with intersectional challenges, and resolve community conditions that impact people's ability to reach their highest health potential. Yet MLPs have been overlooked as a strategy to advance reproductive health and justice. MLP has distinct advantages for advancing RJ, and many MLPs might already be doing RJ work without referring to it by name. By intentionally adopting an RJ strategy and explicitly addressing the unmet social and legal needs that limit people's ability to plan their reproductive futures, MLPs can better serve their clients and contribute to the movement to combat reproductive oppression. [ABSTRACT FROM AUTHOR]

Medical-legal partnerships (MLPs) are well suited to address health-harming legal needs associated with the collateral consequences of mass incarceration in the United States, such as those that limit access to food, housing, employment, and family reunification postrelease. MLP innovations seek to expand the current model to address patients' criminal, as well as postrelease, civil legal needs by including community health workers and some patients as legal partners and creating coalitions to promote local and state policy change. Overall, this article explains how these MLP innovations can support rights of people returning to communities after incarceration and can be leveraged to mitigate criminal legal system involvement. [ABSTRACT FROM AUTHOR]

Medical-legal partnerships (MLPs) try to mitigate health inequity by uniting legal and health professionals to respond to legal determinants of patients' health. While there is a long tradition of "patients-to-policy" work in MLPs, the current empirical evidence base has evaluated MLP effectiveness by assessing benefits to individual patients, clinicians, and hospital and legal systems. This article calls for future research to measure how community power, which includes shifting power to impacted communities to develop and lead equity-focused agendas, is built as both a process and an outcome of MLPs. [ABSTRACT FROM AUTHOR]

Background: Several bills were proposed during the 20th and 21st National Assemblies to grant special judicial police powers to employees of the National Health Insurance Corporation (NHIC) to improve the low recovery rate of unfair profits collected by non-medical practitioner hospitals. The Ministry of Health and Welfare made a pre-announcement of legislation regarding the revision of the Enforcement Decree of the Medical Law, aiming to delegate certain enforcement responsibilities, including investigations into illegally established hospitals. This study discusses the contents and issues related to the bill, focusing on the revision of the Enforcement Decree of Medical Law and the bill proposed by the 21st National Assembly. Furthermore, it proposes improvements to address the challenges posed by non-medical practitioner hospitals. Current Concepts: We pointed out concerns regarding the bill to grant special judicial police powers to NHIC employees, such as the potential infringement of basic rights due to a lack of expertise among these special judicial police, a reversal of procedural thinking, challenges in identifying illegal hospitals, the appropriateness of granting investigative rights to NHIC employees, and the risk of abuse of these rights. Discussion and Conclusion: We propose strengthening the establishment, operations, and supervision of medical corporations; introducing a preliminary monitoring system for the establishment of medical institutions through branches of medical personnel organizations; and implementing a leniency program. [ABSTRACT FROM AUTHOR]

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd 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 Taiwan Law Review is the property of Angle Publishing Co., Ltd 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.)

An increase in the number of older people incarcerated in prisons has given rise to increased costs of correctional health care. Despite the many benefits of compassionate release, it is rarely used. Citing barriers at the micro, mezzo, and macro levels, we contend that social workers are uniquely suited to increase the number of people released through this mechanism owing to a unique knowledge and skill set. We offer eight specific strategies for how social workers can increase the use of compassionate release by working with individuals, conducting and disseminating research, and engaging in advocacy as shaped by core professional principles and values and related curricula. [ABSTRACT FROM AUTHOR]

Objective: To identify characteristics of malpractice litigations involving skull deformity in infants (craniosynostosis and deformational plagiocephaly). Design: Retrospective review of all lawsuits with jury verdicts or settlements involving infant skull deformity as the primary diagnosis using the Westlaw Legal Database. Setting: United States. Patients, Participants: Plaintiffs with skull deformity as the primary diagnosis. Main Outcome Measures: Litigation outcome and indemnity payment amount. Results: From 1990 to 2019, 9 cases involving infant skull deformity met our inclusion/exclusion criteria. Among these cases, 8 (88.9%) cases resulted in indemnity payments to plaintiffs, totaling $30,430,000. Failure to diagnose (n = 4, 44.4%) and surgical negligence (n = 3, 33.3%) were the most common reasons for litigations. Conclusions: There were a small number of malpractice lawsuits involving infant skull deformity over three decades. When cases go to court, physicians and hospitals have a high likelihood of judgment against them, frequently resulting in high indemnity payments. [ABSTRACT FROM AUTHOR]

Copyright of Internationales Handelsrecht is the property of De Gruyter 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 what can generally be described as mimicry of the design and functioning of the preliminary reference procedure in the European Union legal framework, leaders of the Economic Community of West African States (ECOWAS) introduced the preliminary reference procedure into the ECOWAS legal framework in a 2015 revision of the Protocol of the ECOWAS Court. However, unlike the European equivalent which has been hailed as a tremendous success, the procedure has been a monumental failure in the ECOWAS framework, as not a single reference has emanated from any national court to the ECOWAS Court in the 17 years since the introduction of the procedure. Adopting a doctrinal research approach, this article explores why national courts of ECOWAS Member States are not likely to cooperate with the ECOWAS Court to successfully operationalise the procedure. It is argued that structural challenges as well as the absence of the enabling environment create nearly insurmountable obstacles to the functioning of the procedure in the ECOWAS framework. [ABSTRACT FROM AUTHOR]

Hayek and Buchanan endorsed Böhm's “private law society” as expressive of the ideal of a government of laws, and not of men. But they also acknowledged that among the many, the enforceability of legal custom, adjudication, and legislation must be politically guaranteed by a state. Due to unavoidable state‐involvement, risks of excessive rent‐seeking and authoritarian arbitrary government loom large once “rules of rule change” enable sophisticated forms of ruling by law. Even if in WEIRDS (Western, Educated, Industrialized, Rich, Democratic, Societies) legal rules are enacted, modified, and derogated exclusively according to legal “rules of rule change,” the prevalence of the key attributes of “generality, certainty, and equality of enforcement” of the Rule of Law is in no way guaranteed. — The paper addresses this and the role, nature, and significance of constraining ruling by law through practicing the “political ideal of the Rule of Law”. [ABSTRACT FROM AUTHOR]

India's knowledge economy thrives on innovation, but financing such ventures requires alternatives to traditional tangible asset-based collateral. This paper explores the potential of intellectual property (IP) as a viable option. While challenges in valuation and enforcement exist, IP holds significant value. It is argued that IP acts as a two-pronged signal for lenders. Strong IP portfolios indicate a borrower's creditworthiness, while the potential loss of valuable IP discourages defaults. However, India's regulatory framework presents hurdles. Streamlining legal procedures, empowering financial institutions to assess IP value, and establishing centralised registries for recording security interests are crucial first steps. Risk mitigation strategies are equally important. Government-backed risk-sharing programmes and promoting IP insurance can incentivise banks and protect all parties. Finally, educating businesses about IP financing opportunities unlocks this avenue for securing funding. By addressing these challenges, India can create a robust environment for IP-based collateral, thereby fuelling economic growth and technological progress. [ABSTRACT FROM AUTHOR]

Taking as my cue the Introduction to the First Folio edition of his plays, I examine Shakespeare's particular interest in English law and juridical procedure. It is likely that his considerable, detailed knowledge of law derived at least in part from his association with the Middle Temple, whose members included neighbours and friends from Stratford-upon-Avon. I proceed to consider the profound influence of The Commentaries or Reports of Edmund Plowden (Plowden himself was a member of the Middle Temple) over the content of his plays, notably Plowden’s report of Hales v Petit to Shakespeare’s depiction of the death by suicide of Ophelia in Hamlet. I develop the thematic link with the Middle Temple by interrogating the thesis, proposed by various scholars, that an early version of Shakespeare’s Troilus and Cressida was given a performance there during the revels of 1597–98. The theatrical transplantation of the city of Troy to London, described by writers and lawyers alike as Troynovant, the utopian city of commerce and the mythical birthplace of English law, leads me to analyze the predominant tropes of the marketplace which populate Troilus and Cressida. I conclude with the observation that in his epilogue to the play, Pandarus addresses in appropriately base terms the very people (lawyers) whose skills were supposed to redress the injustices engendered by commerce and the marketplace, but who failed to acknowledge the relevance of ethics and community to the attainment of societal cohesion. [ABSTRACT FROM AUTHOR]

AbstractSurrogacy is increasing in African countries such as Nigeria as more people who are unable to have children rely on this practice to become parents. The unregulated nature of surrogacy in Nigeria has resulted in several cases of human rights violations due to the lack of legal frameworks to oversee the practice, as well as significant problems related to the well-being of surrogates owing to the associated reproductive risks. It is imperative to regulate surrogacy and establish legal frameworks that protect the rights and interests of all parties involved, especially surrogate mothers. Although the mere existence of laws regulating surrogacy does not guarantee widespread compliance, these laws can serve as a reference point for the protection of women’s human rights. Regulating surrogacy in Nigeria will improve standards of practice and monitor agencies’ activities, thereby protecting the rights and interests of all participants. This article argues that legislation is the only way to address issues of informed consent and legal representation in human reproduction. Surrogacy agreements should include mechanisms to ensure that surrogate mothers have adequate legal representation and receive the necessary information to make informed decisions and consider potential psychosocial vulnerabilities. By addressing surrogates’ vulnerability, legislation can protect them from being unfairly exploited and subjected to health risks, in addition to fostering thoughtful and insightful policymaking in this area. [ABSTRACT FROM AUTHOR]

In this article, we argue that the individual rights strategy, the most common way to realize non-discrimination law, is inadequate when it comes to combatting ethnic discrimination. We start our paper by analysing the obstacles for victims of ethnic discrimination to initiate and conduct a legal procedure and thereby mobilize the law. These obstacles consist of the complexity of the concept "ethnic discrimination" in practice as well as the challenges of the "individual rights strategy". Additionally, we investigate if there are other, better legal pathways to combat existing discriminatory practices, focusing on ethnic profiling and institutional racism (i.e. systemic discrimination on the grounds of ethnicity) by governmental organizations. Two alternative legal pathways to combat discrimination are presented: (1) more attention for strategic litigation on behalf of victims of discrimination, and (2) more attention for proactive obligations in the law, such as imposing public sector equality duties on organizations. [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]

Technological advances allow open and distance learning (ODL) providers to offer all kinds of interaction opportunities for their students. In Turkey, different institutions adopt different interaction types in ODL services mostly because of legal procedures and a shortage of experience in ODL. Learning more about students' preferences and needs might be helpful for achieving better satisfaction and deeper learning. The scarcity of research on distance learners' preferences of interaction type was the main motive for this study. Thus, this study aims to investigate the interaction preferences of ODL learners and explore the interactions between these preferences and their demographic characteristics. An online questionnaire based on the Interaction Equivalency Theorem was implemented to the 696 ODL learners in one of the major ODL providers in Turkey. The results revealed that learners mostly preferred to interact more with the content in their distance courses while they asked for more interaction with the instructors in the face-to-face courses. Analyses showed no statistically significant relationship between interaction type preferences, and gender, number of children, and marital status. However, a statistically significant relationship was observed between the interaction type preferences of the learners and their age, occupation, admission type, and place of residence. [ABSTRACT FROM AUTHOR]

The authors Geimer and Redeker have published two books. Geimer's book deals with international civil procedural law and contains fundamentals and specific questions on this topic, as well as information on new legislative changes. Redeker's book is a practical work on contract drafting in IT and telecommunications law and includes annotated contract templates as well as updates on various topics. Both books can be ordered online, and the text provides information on prices, invoicing, orders, termination periods, and copyrights. It also provides instructions for authors and contributors and highlights the benefits of a subscription, as well as information on an online library. [Extracted from the article]

This article focuses on the analysis of popular accusation in the Spanish criminal procedure system, with special reference to the controversy, not exempt from social and political relevance, that accompanies the exercise of popular action by political parties, unions and business associations. Exercise that responds to a constitutional right, of legal configuration and, therefore, not absolute or unlimited; and over which flies over, the result of the unconsolidated and approved versions of successive reform projects of our criminal procedure (in particular, the Draft of the new Criminal Procedure Law of 2020), the sword of Damocles of a prohibition, perhaps interested and interesting for the governments in power, but in no way compatible with the advisability of monitoring the inaction of a Public Ministry, like the Spanish one, subject to the dictates of the principle of hierarchical dependency and no stranger to more than notable doses of politicization. [ABSTRACT FROM AUTHOR]

The article presents a book titled "Incidencias de la LUC en el Derecho Penal" (Implications of the LUC in Criminal Law), coordinated by Daniel Cabral and Pedro Montano, which analyzes the modifications introduced by the Urgent Consideration Law (LUC) in different aspects of criminal law in Uruguay. Several experts in the field, such as prosecutor Ignacio Montesdeocar, writer Miguel Ángel Gallegos, and professor Mauro Rinaldis, offer detailed analysis on the modifications in the Code of Criminal Procedure, expedited proceedings, juvenile criminal law, and other related topics. The book also addresses changes in the probation system, the practice and logic of the adversarial scheme in criminal proceedings, the police procedural law, the national registry of rapists and sexual abusers, among others. [Extracted from the article]

The Faculty of Law at the University of Montevideo has been recognized as a teaching center of the University of London for the Commercial Law Diploma. The first generation of students has successfully passed the first subject of the diploma, and several students from the second cohort have been accepted to start their studies next year. Additionally, the experience of two students who participated in an exchange program at Delaware Law School is highlighted, where they expanded their knowledge from various perspectives. The publication of a book by Professor Santiago Pereira Campos on judicial independence worldwide is also mentioned. The Faculty of Law at the University of Montevideo organized an international colloquium on Procedural Law, Innovation, and Justice, which was attended by national experts and experts from Brazil. Conferences on the challenges of the Uruguayan criminal justice system and the third Administrative Law conference were also held. [Extracted from the article]

Objectives: We aimed to describe obstetrics and gynecology (OBGYN) trainees' anticipation of how the Dobbs v. Jackson Women's Health Organization (Dobbs) U.S. Supreme Court decision may affect their training. Methods: A REDCap survey of OBGYN residents and fellows in the United States from September 19, 2022, to December 1, 2022, queried trainees' anticipated achievement of relevant Accreditation Council for Graduate Medical Education (ACGME) training milestones, their concerns about the ability to provide care and concern about legal repercussions during training, and the importance of OBGYN competence in managing certain clinical situations for residency graduates. The primary outcome was an ACGME program trainee feeling uncertain or unable to obtain the highest level queried for a relevant ACGME milestone, including experiencing 20 abortion procedures in residency. Results: We received 469 eligible responses; the primary outcome was endorsed by 157 respondents (33.5%). After correction for confounders, significant predictors of the primary outcome were state environment (aOR = 3.94 for pending abortion restrictions; aOR = 2.71 for current abortion restrictions), trainee type (aOR = 0.21 for fellow vs. resident), and a present or past Ryan Training Program in residency (aOR = 0.55). Although the vast majority of trainees believed managing relevant clinical situations are key to OBGYN competence, 10%–30% of trainees believed they would have to stop providing the standard of care in clinical situations during training. Conclusions: This survey of OBGYN trainees indicates higher uncertainty about achieving ACGME milestones and procedural competency in clinical situations potentially affected by the Dobbs decision in states with legal restrictions on abortion. [ABSTRACT FROM AUTHOR]

Along with its development, the category of sexual gratification emerged which received a lot of attention from the public and law enforcement officials. This sexual satisfaction is different from the satisfaction we know in general. The difference lies in the object. Sexual gratification is a form of degrading women's dignity. In Indonesia, sexual gratification has not been explicitly regulated. Therefore, this research will discuss the regulation of sexual gratification based on positive law in Indonesia and the evidence. From the results of the analysis it is known that sexual gratification can be included in the provisions of Article 12 B paragraph 1 of Law 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. This can be found in the phrase "other facilities" where "facilities" themselves are defined as the means used to facilitate an implementation. Therefore, the use of sexual service facilities with the aim of achieving all desires is the intention of the party providing satisfaction. Proof of the existence of sexual gratification in eradicating corruption in Indonesia is based on criminal procedural law which refers to the Criminal Procedure Code (KUHAP) in Article 184 paragraph (1) and Article 26A of Law Number 20 of 2001 Jo. Law Number 31 of 1999 uses a reverse or balanced evidentiary system where the burden is on the Public Prosecutor and the defendant to provide evidence of the criminal act of sexual gratification for which the defendant is charged. [ABSTRACT FROM AUTHOR]

This research discusses the legal implications of inheritance transfer without the consent of heirs based on Study Verdict No. 107/Pdt.G/2019/Pn. Plk, the responsibility of the Land Deed Official (PPAT) in this process, and the inheritance system in Indonesia in accordance with Article 111 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Head No. 16 of 2021. The objectives are to analyze the legal consequences of transferring inheritance without heirs' consent, PPAT's responsibility regarding the deeds made, and the applicable inheritance system. The research aims to enhance knowledge on legal consequences and PPAT's responsibility and provide an understanding of Indonesia's inheritance system. The methodology is normative juridical with a descriptive approach, utilizing secondary legal materials through literature study and interviews. Conclusions indicate that the transfer of inheritance without all heirs' consent is invalid and can be annulled by the court, with PPAT holding significant responsibility to ensure the legality of the transfer process. Recommendations are provided for all parties to ensure compliance with legal procedures to protect heirs' rights and prevent legal disputes. [ABSTRACT FROM AUTHOR]

Objectives: This research endeavors to examine the legal viability of ascribing international criminal responsibility to the State of Israel for its actions during the occupation and the resulting crimes against the Palestinian people. Additionally, it scrutinizes the potential establishment of such responsibility for individual leaders within the Israeli government. Methods: This research adopts a rigorous analytical approach in accordance with legal scholarship practices to address the research question within the field of international law. Research problem: The research problem centers on the evaluation of the legal feasibility of attributing international criminal responsibility to Israeli leaders and individuals implicated in atrocities against the Palestinian people during the occupation, as well as investigating the possibility of doing so. It also delves into the examination of the International Criminal Court's jurisdiction concerning crimes committed against the Palestinian people by the occupying power. The research seeks to identify and establish legal accountability for individuals responsible for these crimes within the parameters of the International Criminal Court's jurisdiction. Results: The conclusion drawn from this legal research asserts that recognizing the liability of Israeli leaders before international judicial entities necessitates intricate legal procedures within the Palestinian state and other supporting states dedicated to the just Palestinian cause. [ABSTRACT FROM AUTHOR]

This paper uses a drama-based method to illustrate the responses of healthcare and legal systems to women experiencing coercive control. This approach involved writing a play using the first-person narrative voice of a victim-survivor. We presented the play at the Stop Domestic Violence Conference (Gold Coast, Australia) in 2021. The central character, 'Kate', provided an embodied performance that enabled the conference participants to see, feel and understand experiences of coercive control from a personal perspective. We followed the trajectory of coercive control from the beginning of an intimate relationship to the time of separation. We showed how the process of coercive control escalates from love bombing, reproductive coercion, isolation, and technology-facilitated abuse until a point of police intervention. As Kate told her story, the conference audience witnessed the barriers and challenges faced by survivors of coercive control, and the emotional, financial, and psychological impacts that are intensified in geographically remote environments. They watched Kate navigate health and other systems meant to help women experiencing domestic and family violence, but that ultimately failed to deliver. Finally, the drama-based approach allowed us to present a feminist embodiment of coercive control and an innovative method for communicating inter-disciplinary research findings on domestic abuse. [ABSTRACT FROM AUTHOR]

This microhistory of a shoreline place in Thailand details the socio-natural process by which a piece of coastal land came to be recognised as private property by the state. It demonstrates that intimate and long-term attention to specificities of how property comes into being has more explanatory power than synoptic theorisations of accumulation and dispossession. Using ethnography, archives and affective co-narration, this paper probes the shifting ground of water and land to show how the fluidity of water plays a key role in the politics and legal procedures of enclosure, and how fluctuating boundaries become an ambiguous arena for property claims contestations amid entanglements of slippery legal semantics. It argues that the expanded notion of agency in the Anthropocene presents new challenges for thinking about property relations, and that thinking from a shoreline place of shifting water-land boundaries engenders novel questions to do with fluid dispossessions at a time of rising oceans. [ABSTRACT FROM AUTHOR]

Fifty years of evidence documents that men represent a substantial portion of victims of intimate partner violence (IPV). However, studies show that there are few services available to them, and qualitative studies from Western countries worldwide show that male IPV victims report uniformly negative experiences when seeking help from various legal professionals, including police, judges, lawyers, other court personnel, and victim advocates. The current study is a quantitative investigation of male IPV victims' experiences with legal service systems across several English-speaking countries and over time. Using cross-sectional data from two samples—594 self-identified male IPV victims and 1,380 men from a crowdsourcing platform (Prolific) who reported at least one act of physical and/or sexual IPV victimization from a romantic partner—we found that men from the United States were significantly less likely to seek help from the police or legal support personnel than men from other countries, but they rated these resources' helpfulness significantly higher. Moreover, the helpfulness of these resources increased over time. On average, across countries and time periods, ratings were consistent with unhelpfulness, with the majority of men reporting that they were not provided with appropriate resources or support. Discussion focuses on explanations for these findings, implications for practice, and suggestions for future research. [ABSTRACT FROM AUTHOR]

The article discusses the importance of courts helping parties prepare for mediation sessions. It highlights the benefits of careful preparation, such as increased fairness, party involvement, and satisfaction with the process. However, many parties are not well prepared before mediation sessions, and some are not even aware of their eligibility for mediation programs. The article suggests that courts should provide clear information about mediation, require attorneys to discuss dispute resolution options with their clients, and develop best practice guidelines for mediation preparation. [Extracted from the article]

Copyright of Sakarya University Journal of Law Faculty (SHD) is the property of Sakarya University Journal of Law Faculty (SHD) 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 Ingeniería del Agua is the property of Universidad Politecnica de Valencia 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 document discusses a court case in Ukraine regarding the deadline for submitting an application for supplementary protection of rights in inventions. The court determines that the patent holder should not be deprived of the opportunity to exercise the right to supplementary protection. The court upholds the claim and orders the implementation of supplementary protection for the patent. The ruling sets a precedent for protecting individual rights and investor confidence in the legal system. [Extracted from the article]

Background: Any medical college hospital's emergency room should constantly be prepared to treat a wide range of cases that are brought in. Knowing the patterns of cases that are presented before it is crucial for this reason, as is making the necessary arrangements to handle them. Materials and methods: The present study is retrospective study to know the trends of medico legal cases brought to SSG Hospital, Vadodara from July 1st, 2016 to December 31st, 2016. Cases include those brought to the hospital's casualty department. Results: A total number of 5408 cases were reported between July 1st, 2016 to December 31st, 2016. Among the 5408 cases reported, 79.99% were male and 26.01% were female making a male to female ratio 3:1. It was observed that urban victims constituted 51.09% and the rural victims were 48.91%. Similar 27.59% were in the age group 21-30 years followed by 21.95% in the 31-40 age group. The maximum number of cases were of RTA's (38.31%) followed by assault (20.25%) and poisoning (9.28%). Conclusion: The current study offers data on the trend of medico legal cases brought to SSG Hospital, Vadodara, including details on the cases' age, sex, and etiological factors. Data is examined statistically and shown in tabular form. [ABSTRACT FROM AUTHOR]

Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia 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 Middle East Journal of Legal & Jurisprudence Studies / Mağallaẗ al-Šarq al-Awsaṭ li-l-ʿulūm al-Qānūniyyaẗ wa-al-Fiqhiyyaẗ is the property of Manar Elsharq for Studies & Research 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 Middle East Journal of Legal & Jurisprudence Studies / Mağallaẗ al-Šarq al-Awsaṭ li-l-ʿulūm al-Qānūniyyaẗ wa-al-Fiqhiyyaẗ is the property of Manar Elsharq for Studies & Research 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 Belügyi Szemle / Academic Journal of Internal Affairs is the property of Ministry of Interior of Hungary 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 disciplinary responsibility of judges requires constitutional and legal reforms to adapt it to the needs of the rule of law, which is based on the full independence and impartiality of judges and the full enjoyment of fundamental rights of all, with particular attention to due process. Disciplinary liability is an official response to actions committed by a judge which compromise him or her as a judge, regardless of whether they are committed in court in the exercise of his or her powers or outside of court. The author analyses the legal and practical aspects of bringing judges to disciplinary liability based on the study of the High Council of Justice's practice regarding disciplinary misconduct of judges. The status of a judge requires not only special control over his/her own behaviour, but also appropriate actions by the State, since the authority of the judiciary and its support are still a matter of State concern - court decisions are proclaimed in the name of the State. The efficiency of the judicial system depends on various factors, one of which is disciplinary liability. The need to improve the legal and procedural aspects of bringing judges to disciplinary responsibility has been repeatedly pointed out by doctrinal approaches to the study of this issue, as well as by the conclusions of international experts. The European Court of Human Rights has also indicated the expediency of reforming the system of disciplinary responsibility of judges in its decision. The grounds for disciplinary liability of judges for violation of substantive and procedural law provided for by national legislation should continue to be enshrined in Article 106 of the Law of Ukraine 'On the Judicial System and Status of Judges'. [ABSTRACT FROM AUTHOR]

After gaining independence, Ukraine took an active pro-European position, also in the development of legislation. Turning to the historical aspects of the development of the legal system of our state, we know that it belongs to the Romano-Germanic legal family, which determines the fact that domestic legislation has a number of common features with European legal systems, namely: among the main sources of law - normative - legal act, codification of legislation. Studies of foreign law were carried out by a number of scientists, however, the specifics of secret investigative (research) actions in the context of a comparative analysis of foreign and domestic experience require a more thorough study. The article analyzed the main features of the organization and conduct of undercover investigative (search) actions in accordance with the Criminal Procedure Code of Ukraine and the Criminal Procedure Code of the Federal Republic of Germany. Having studied the separate provisions of the Federal Criminal Code of Germany, we can note that the main functions during the investigation, including secret measures, are assigned to the prosecutor and the court, while the Criminal Code of Ukraine clearly defines the authorities that carry out pre-trial investigations, the first of which is the National Police of Ukraine, and the prosecutor's office, as a body of pre-trial investigation, is absent. At the same time, the authorized person who can make a decision on the NSRD is the investigator, who has the right to apply to the investigating judge with a request, approved by the prosecutor, for permission to conduct secret investigative (search) actions and the prosecutor. Thus, as a result of a comparative analysis of certain secret measures under the Federal Criminal Code of Germany and the NSDR under the Criminal Code of Ukraine, we found that the procedure for their implementation in Germany is not detailed, unlike domestic legislation, in addition, among the features that deserve attention, we can highlight in the paragraphs of the Criminal Procedure Code of the Federal Republic of Germany on specific crimes, in the course of the investigation of which the legislator allows one or another secret measure to be carried out, in the Ukrainian criminal procedural law, such an approach is absent, in Art. 246 of the Criminal Procedure Code of Ukraine states only that NSRD may be conducted during the investigation of serious or particularly serious crimes. We think it expedient to consider such specification for implementation in the Criminal Procedure Code of Ukraine in order to prevent possible abuses in obtaining information that goes beyond the scope of the investigation. [ABSTRACT FROM AUTHOR]

The article is devoted to the definition of the concept and system of criminal prosecution remedies. The author emphasizes that the issue of the concept and system of criminal prosecution remedies remains highly controversial and requires further research and substantiation. It is stated that the implementation of activities related to exposing a person and establishing his/her involvement in a criminal offense does not depend on the availability of any procedural status. The author points out that imperfection of the regulatory framework for the system of criminal prosecution creates risks of violation of the rights, freedoms and legitimate interests of a person who is exposed. It is noted that the system of criminal prosecution means is much broader and should include all procedural actions (interim measures) aimed at obtaining evidentiary information regarding a person's involvement in a criminal offense. Undoubtedly, investigative (search) actions are the main means of collecting evidence, but other procedural actions also lead to the receipt of incriminating evidence. The author substantiates the criteria which determine whether a relevant procedural action (interim measures) belongs to the means of criminal prosecution. Firstly, it is necessary to take into account the focus of such measures which are aimed at obtaining information about a criminal offense. Secondly, means of criminal prosecution regulated and (or) not prohibited by the norms of the criminal procedural law should not lead to the violation of human rights and fundamental freedoms, which may be significant or insignificant. Thirdly, under the general permissive type of legal regulation, criminal prosecution may be used that is not expressly prohibited by the rules of procedural law, but is legitimate in view of the absence of a risk of human rights restriction. At the same time, the specially permissive type of legal regulation of criminal prosecution means provides for the implementation of procedural activities only in the manner expressly permitted by the criminal procedural legislation. [ABSTRACT FROM AUTHOR]