Journal Description
Laws
Laws
is an international, peer-reviewed, open access journal on legal systems, theory, and institutions, published bimonthly online by MDPI.
- Open Access— free for readers, with article processing charges (APC) paid by authors or their institutions.
- High Visibility: indexed within Scopus, ESCI (Web of Science), RePEc, vLex Justis, CanLII, Law Journal Library, and other databases.
- Journal Rank: JCR - Q1 (Law) / CiteScore - Q1 (Law)
- Rapid Publication: manuscripts are peer-reviewed and a first decision is provided to authors approximately 31.4 days after submission; acceptance to publication is undertaken in 5.6 days (median values for papers published in this journal in the first half of 2024).
- Recognition of Reviewers: reviewers who provide timely, thorough peer-review reports receive vouchers entitling them to a discount on the APC of their next publication in any MDPI journal, in appreciation of the work done.
Impact Factor:
1.3 (2023)
Latest Articles
Energy Security, Energy Transition, and Foreign Investments: An Evolving Complex Relationship
Laws 2024, 13(4), 48; https://doi.org/10.3390/laws13040048 - 19 Jul 2024
Abstract
Energy has historically enticed significant interest from foreign investors. Simultaneously, it has perpetually held a pivotal position in any nation’s framework. Consequently, governments have long regarded energy security as a paramount concern, crucial for ensuring national stability. Energy security, simply put, is defined
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Energy has historically enticed significant interest from foreign investors. Simultaneously, it has perpetually held a pivotal position in any nation’s framework. Consequently, governments have long regarded energy security as a paramount concern, crucial for ensuring national stability. Energy security, simply put, is defined as “the availability of sufficient supplies at affordable prices.” However, a more contemporary perspective also emphasizes the necessity for long-term sustainability in the supply. This perspective adds a new foundational element—sustainability—to the concept of energy security. Stemming from this premise, two phenomena in the energy sector emerge that could impact international foreign direct investment (FDI) flows. Firstly, the transition from hydrocarbons to renewable sources necessitates substantial investment, wherein foreign investments could play a pivotal role. Secondly, there is an increasing trend of States utilizing FDI for strategic objectives. The acquisition of strategic energy infrastructure by foreign entities is now perceived as a risk to the energy supply security of nations. Consequently, several States have bolstered their FDI screening mechanisms to assess potential impacts on supply security, infrastructure operation, and national security in general. These two aforementioned phenomena may sometimes conflict. This article aims to analyze the intricate relationship between energy security, energy transition, and foreign investments. The author posits that an overly broad interpretation of national security and the misuse of screening mechanisms could serve as instruments for shielding the domestic economy, potentially undermining the foreign investment legal framework. Such an approach in the energy sector could have a “chilling effect,” leading to a reduction in FDI and impeding the energy transition or the attainment of other energy-related objectives. At the same time, a deep reform of the international investment regime is required, which should go through a modification of International Investment Agreements (IIAs) clauses but also through a more environmentally friendly approach by investment arbitral tribunals. It appears extremely difficult to find a balance between international investment law and environmental/climate change law. In this context, the Energy Charter Treaty (ECT), which has recently undergone a “modernization process,” is assumed to be a test bench.
Full article
(This article belongs to the Special Issue The Climate Change International Investment and Trade Disputes: Legal and Political Implications)
Open AccessEssay
The Right to Data Portability as a Personal Right
by
Alejandro Laje and Klaus Schmidt
Laws 2024, 13(4), 47; https://doi.org/10.3390/laws13040047 - 15 Jul 2024
Abstract
The right to the portability of personal data guarantees the interested party the right to receive personal data that concern themselves. Specifically, data which a person has provided to a ‘data collector’ in a structured format can currently be transmitted to another ‘data
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The right to the portability of personal data guarantees the interested party the right to receive personal data that concern themselves. Specifically, data which a person has provided to a ‘data collector’ in a structured format can currently be transmitted to another ‘data collector’ without any legal consequences as long as the original ‘collector’ has received consent either derived via a contract or other means. This data transaction from one ‘collector’ to another is often carried out by automated means; it is easily technically possible and is therefore considered to not negatively affect the rights and freedoms of others. This right to data transfer is guaranteed when it comes to data collected in the public interest or in the exercise of public powers conferred on the ‘collector’. The main precedent to the right to data portability is the EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, regarding the protection of natural persons with respect to the processing of personal data and their free circulation, which repeals Directive 95/46/EC (General Data Protection Regulation). In Article 20, this regulation discusses the right to data portability, establishing the basic guidelines for this right. Thus, a new personal right is guaranteed, given the context of the general protection of data. In order to strengthen control over their own data, a natural person must also be allowed to receive data in the same structured way.
Full article
Open AccessViewpoint
Beyond Auto-Brewery: Why Dysbiosis and the Legalome Matter to Forensic and Legal Psychology
by
Alan C. Logan, Susan L. Prescott, Erica M. LaFata, Jeffrey J. Nicholson and Christopher A. Lowry
Laws 2024, 13(4), 46; https://doi.org/10.3390/laws13040046 - 11 Jul 2024
Abstract
International studies have linked the consumption of ultra-processed foods with a variety of non-communicable diseases. Included in this growing body of research is evidence linking ultra-processed foods to mental disorders, aggression, and antisocial behavior. Although the idea that dietary patterns and various nutrients
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International studies have linked the consumption of ultra-processed foods with a variety of non-communicable diseases. Included in this growing body of research is evidence linking ultra-processed foods to mental disorders, aggression, and antisocial behavior. Although the idea that dietary patterns and various nutrients or additives can influence brain and behavior has a long history in criminology, in the absence of plausible mechanisms and convincing intervention trials, the topic was mostly excluded from mainstream discourse. The emergence of research across nutritional neuroscience and nutritional psychology/psychiatry, combined with mechanistic bench science, and human intervention trials, has provided support to epidemiological findings, and legitimacy to the concept of nutritional criminology. Among the emergent research, microbiome sciences have illuminated mechanistic pathways linking various socioeconomic and environmental factors, including the consumption of ultra-processed foods, with aggression and antisocial behavior. Here in this review, we examine this burgeoning research, including that related to ultra-processed food addiction, and explore its relevance across the criminal justice spectrum—from prevention to intervention—and in courtroom considerations of diminished capacity. We use auto-brewery syndrome as an example of intersecting diet and gut microbiome science that has been used to refute mens rea in criminal charges. The legalome—microbiome and omics science applied in forensic and legal psychology—appears set to emerge as an important consideration in matters of criminology, law, and justice.
Full article
(This article belongs to the Topic The Role of Forensic Psychology in Police, Clinical and Investigative Areas)
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Open AccessArticle
The OECD Dispute Resolution System in Tax Controversies
by
Marco Greggi and Anna Miotto
Laws 2024, 13(4), 45; https://doi.org/10.3390/laws13040045 - 10 Jul 2024
Abstract
The article analyses the latest international tax law developments in dispute resolution settlement protocols and the need for effective multilateral solutions to prevent international double taxation. While several treaties currently minimise the risks of international double taxation, more must be achieved to provide
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The article analyses the latest international tax law developments in dispute resolution settlement protocols and the need for effective multilateral solutions to prevent international double taxation. While several treaties currently minimise the risks of international double taxation, more must be achieved to provide judicial remedies in cases where two states want to tax the same income simultaneously. The OECD has developed a dispute resolution system based on arbitration clauses to be introduced in conventions signed by the state and a brand-new MLI (multilateral instrument) that should be applicable on a broader scale. These remedies have proven unsatisfactory as the taxpayer is not entitled to play any role in these (arbitration) procedures and cannot stand personally in front of any panel. The authors argue that such a scenario is inconsistent with the rule of law and the due process clauses and should be amended. Creating a supranational court with the entitlement to adjudicate the power to tax would be the optimal solution, but this would collide with the position of several states and their distrust of the international judiciary in tax matters.
Full article
Open AccessArticle
Reconceptualizing Policing for Cybercrime: Perspectives from Singapore
by
Azfer A. Khan
Laws 2024, 13(4), 44; https://doi.org/10.3390/laws13040044 - 10 Jul 2024
Abstract
As cybercrime proliferates globally, law enforcement agencies face significant challenges in responding effectively. This essay shares perspectives from Singapore, where cybercrime accounted for about 70% of the total annual crime in 2023, with no clear data on case resolution rates. This situation reflects
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As cybercrime proliferates globally, law enforcement agencies face significant challenges in responding effectively. This essay shares perspectives from Singapore, where cybercrime accounted for about 70% of the total annual crime in 2023, with no clear data on case resolution rates. This situation reflects a broader global trend and highlights the need to reconceptualize policing objectives in cyberspace. The fundamental differences between cybercrime and physical crime necessitate a shift from emphasizing the identification and prosecution of perpetrators to adopting a harm-centric perspective. Under this perspective, structures and policies should be implemented to disrupt financial flows, ensure data security, disrupt the spread of harmful content, and prevent physical damage. Once this is done, strategies such as public–private partnerships, international cooperation, and training and building capabilities to address specific harms can be more effectively implemented to mitigate the growing threat that cybercrime poses worldwide.
Full article
(This article belongs to the Special Issue Cybercrime in Global and National Dimensions: Challenges, Impacts, and Solutions)
Open AccessArticle
Enhancing the Accessibility of Pedestrian Environments: Critical Reflections on the Role of the Public Sector Equality Duty
by
Anna Lawson, Maria Orchard, Ieva Eskyte and Morgan Campbell
Laws 2024, 13(4), 43; https://doi.org/10.3390/laws13040043 - 4 Jul 2024
Abstract
The British Equality Act 2010’s Public Sector Equality Duty (PSED) aims to mainstream equality into the decision-making of public authorities. Although it has generated substantial critique, it has been the subject of surprisingly few empirical investigations, and existing literature does not address the
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The British Equality Act 2010’s Public Sector Equality Duty (PSED) aims to mainstream equality into the decision-making of public authorities. Although it has generated substantial critique, it has been the subject of surprisingly few empirical investigations, and existing literature does not address the role of the PSED in enhancing accessibility—either in the specific context of streetscapes or more generally. Here, we present the findings of a doctrinal and qualitative study on this topic. It consists of a critical review of relevant case law and an empirical study in which we interviewed disability campaigners, lawyers, and people working in or for public authorities. Two broad issues emerged from the empirical investigation: involvement and enforcement—on each of which our interviewees identified a range of concerns. These, together with our critique of case law, inform our analysis of the impact and effectiveness of the PSED in the context of streetscape accessibility, and accessibility more broadly. We conclude that, while the PSED (together with other Equality Act duties) is charged with a critical role in embedding equality—and, therefore, accessibility—in public authority decision-making, various factors have severely hampered its ability to deliver. Accessibility too often appears to be subordinated to other policy agendas instead of being embedded within them. There is an urgent need for reform to ensure that accessibility is suitably prioritised—both generally and in the particular context of streetscapes.
Full article
(This article belongs to the Topic Accessibility and Inclusion for Pedestrians with Disabilities: Law, Policy, Practice and Politics)
Open AccessArticle
Managing Active Shooter Events in Schools: An Introduction to Emergency Management
by
Selina E. M. Kerr
Laws 2024, 13(4), 42; https://doi.org/10.3390/laws13040042 - 2 Jul 2024
Abstract
Active shooter events involving an armed perpetrator(s) on campus are one of the main risks facing K-12 schools. Defined as planning for and responding to emergency situations, emergency or crisis management allows for an ‘acceptable’ level of risk to be achieved. This paper
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Active shooter events involving an armed perpetrator(s) on campus are one of the main risks facing K-12 schools. Defined as planning for and responding to emergency situations, emergency or crisis management allows for an ‘acceptable’ level of risk to be achieved. This paper will go through the four principles of emergency management, detailing what each stage involves and how it can reduce risk. The first of these is mitigation, which prevents crises occurring in the first place. Effective risk and threat assessment are pertinent to this stage. Secondly, there is preparedness, which enhances the capacity of an organization to respond to various incidents. This involves drafting emergency management plans and practicing these to ensure readiness to respond. The next principle is responding to a crisis, denoting the actions taken during and immediately after a crisis, should one transpire. The final facet of emergency management planning is recovery, referring to the short-to-long-term phase of restoring a community following an incident. This paper will share insights obtained from a recent event, The Briefings, held by the I Love U Guys foundation, one of the leading school safety organizations in the United States. Specifically, the paper will focus on a possible training approach to active shooter events and other emergencies, the organization’s emergency management framework called the ‘Standard Response Protocol’. Additionally, this paper will incorporate relevant scholarly readings in order to provide an introduction to the topic of emergency management.
Full article
(This article belongs to the Special Issue Issues in K-12 School Violence in the United States)
Open AccessArticle
National Parks and Protected Areas: A Comparison of the Approach Taken in the UK and France for the Protection of Green Spaces
by
Caroline Cox and Meganne Natali
Laws 2024, 13(4), 41; https://doi.org/10.3390/laws13040041 - 30 Jun 2024
Abstract
Across the globe, national parks are frequently described in terms of their diverse wildlife, spectacular scenery, and cultural heritage. These extraordinary land (and sea) scapes are known to be important for the health and mental wellbeing of the people who visit them, but
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Across the globe, national parks are frequently described in terms of their diverse wildlife, spectacular scenery, and cultural heritage. These extraordinary land (and sea) scapes are known to be important for the health and mental wellbeing of the people who visit them, but for many, they are also the place where they live and work. The COVID-19 pandemic lockdowns of 2020 and 2021 witnessed the importance of being in nature and exercising in green spaces, and part of the COVID-19 inheritance has been the rise of the so-called “staycation”, which has seen people becoming less inclined to travel overseas and more inclined to the explore nature and landscapes closer to home. While this has undoubtedly meant economic benefits to National Parks, it has also brought challenges that are yet to be fully realised and dealt with. This paper considers the laws and regulations in place to protect these special places in two jurisdictions, France and the United Kingdom, through the lens of two of those countries’ National Parks—the New Forest and the Calanques.
Full article
(This article belongs to the Special Issue Global Threats in the Illegal Wildlife Trade and Advances in Response)
Open AccessArticle
A Lived Experience Well-Understood: What Montesquieu’s The Spirit of the Laws Can Tell Us about Civic Learning in Higher Education
by
Constantine Christos Vassiliou
Laws 2024, 13(4), 40; https://doi.org/10.3390/laws13040040 - 27 Jun 2024
Abstract
This article considers how Montesquieu’s theoretical response to his perceived dangers of modern commerce may guide us on teaching citizenship in higher learning today. I argue that a Montesquieu informed framework for civic learning, which primarily stresses a careful study of the nation’s
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This article considers how Montesquieu’s theoretical response to his perceived dangers of modern commerce may guide us on teaching citizenship in higher learning today. I argue that a Montesquieu informed framework for civic learning, which primarily stresses a careful study of the nation’s existing constitutional and positive laws, would (1) entail a baseline level of scientific and economic literacy to deepen our understanding of how commercial modernity’s most recent innovations may undermine the authority of those laws if left unchecked, and (2) cultivate an appreciation for the laws, mores, institutions, and practices that some of these same innovations threaten to dissolve if left unchecked. The article concludes with practical recommendations on how to cultivate resilient future custodians of our self-governing republic. I contend that universities need to provide a learning environment that inspires students to crave different kinds of success or recognition, distinctly highlighting the need for heavy restrictions on the use of electronics in the classroom. I then propose that civics-focused curricula must ensure that students are furnished with the requisite technocratic expertise to (1) recognize how their daily economic decisions as private citizens will impact the public interest and (2) exercise prudent judgment over future legislation aiming to safeguard individual liberties within a techno-mediated twenty-first century commercial world.
Full article
(This article belongs to the Special Issue Civic Engagement, Justice, and the Law in a National and International Context)
Open AccessArticle
Mediation in Criminal Matters: A Perspective from Kosovo
by
Flutura Tahiraj and Emine Abdyli
Laws 2024, 13(4), 39; https://doi.org/10.3390/laws13040039 - 21 Jun 2024
Abstract
As a new alternative, mediation is integrated in the legislation of both developed and developing countries in Europe. Various researchers in member states of the Council of Europe revealed obstacles, particularly related to the implementation of mediation in criminal matters. They are addressed
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As a new alternative, mediation is integrated in the legislation of both developed and developing countries in Europe. Various researchers in member states of the Council of Europe revealed obstacles, particularly related to the implementation of mediation in criminal matters. They are addressed through several recommendations and non-binding guidelines. However, there is limited empirical research on how mediation in criminal matters is being implemented in the contexts of developing countries in south-eastern Europe. Hence, the purpose of this qualitative study is to assess mediation in criminal matters in Kosovo by exploring how the main stakeholders describe the legal basis and implementation process and what it indicates for future practices. The data were gathered through 11 semi-structured interviews with judges, prosecutors, mediation clerks, and mediators. Results show that laws and other guidelines that have been introduced since 2008 constitute a solid legal ground that facilitates mediation in criminal matters. The stakeholders are well aware of the benefits mediation brings and express their willingness to advance its application to criminal matters. Results also indicate uncertainty among judges and prosecutors regarding the assessment and referral of certain criminal offences to mediation. To address it, specialized trainings, exchange programs, and continuous monitoring and evaluation of the process could be supportive.
Full article
Open AccessArticle
Constituting the American Higher-Education Elite: Rush and Jefferson on Collegiate Civic Engagement
by
Luke Foster
Laws 2024, 13(3), 38; https://doi.org/10.3390/laws13030038 - 18 Jun 2024
Abstract
The foundation of new centers for civic education has sparked a new round of debate over the political independence of the public university. Do legal mandates by state legislatures undermine academic freedom? The underlying debate concerns alternative visions of elite formation, as comparing
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The foundation of new centers for civic education has sparked a new round of debate over the political independence of the public university. Do legal mandates by state legislatures undermine academic freedom? The underlying debate concerns alternative visions of elite formation, as comparing Benjamin Rush and Thomas Jefferson’s arguments during the Founding period makes apparent. Both believed that the American constitutional order depended on educated citizens of a certain character, requiring coercive authority in education to instill moral and political commitments. But whereas Jefferson made an exception for educational coercion, Rush viewed education as an aristocratic element that could complement democracy. Rush’s prioritizing of duties over rights offers a more helpful framework for the task of reforming elite education today to restore trust between leaders and people.
Full article
(This article belongs to the Special Issue Civic Engagement, Justice, and the Law in a National and International Context)
Open AccessArticle
Rethinking Just Transition in Investment Law Perspective: Incentives against Climate Crisis between Sustainability, Economic Security, and Strategic Industrial Planning
by
Sara Pugliese
Laws 2024, 13(3), 37; https://doi.org/10.3390/laws13030037 - 18 Jun 2024
Abstract
With the expression “Just transition”, the European Commission refers to a new development model to bring in the environmental and digital transition “leaving no one behind”. From an investment law perspective, it implies the adoption of several incentives to support new green economy
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With the expression “Just transition”, the European Commission refers to a new development model to bring in the environmental and digital transition “leaving no one behind”. From an investment law perspective, it implies the adoption of several incentives to support new green economy activities or the reconversion of old ones into green and energy-neutral production models. Starting from an analysis of the EU just transition strategy, the paper focuses on the Italian case, investigating the interconnection between just transition funds and other measures (the Single Special Economic Zone and National Recovery and Resilience Program) to verify their effectiveness in terms of investment retention and attraction and their effects in terms of strategic industrial planning. Concerning retention, the Sider Alloys and Acciaierie d’Italia case studies are analyzed. Concerning attraction, as the incentives may appeal to aggressive activities dangerous to the EU and Member States’ strategic autonomy, the paper offers an overview of the instruments available for screening and preventing creeping economic operations, especially the proposed reform of the investment screening mechanism and the anti-coercion instrument. In conclusion, the paper proposes the adoption of an ex ante impact assessment, including citizen consultation, aimed at verifying investment concrete capacity to contribute to the just transition process.
Full article
(This article belongs to the Special Issue The Climate Change International Investment and Trade Disputes: Legal and Political Implications)
Open AccessArticle
An Artificial Review of Jesus’s Torah Compliance and What That Might Mean for Jews and Gentile Christians
by
Jonathan Dawayne Brackens
Laws 2024, 13(3), 36; https://doi.org/10.3390/laws13030036 - 10 Jun 2024
Abstract
The Torah is central to Judaism. Jesus’s relationship with it sparks conflict with Christianity. Some Jews think that Jesus violated the Torah, while some Christians believe that he sinlessly followed it. This clash escalated on 22 June 2023, when Ultra-Orthodox Jews protested a
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The Torah is central to Judaism. Jesus’s relationship with it sparks conflict with Christianity. Some Jews think that Jesus violated the Torah, while some Christians believe that he sinlessly followed it. This clash escalated on 22 June 2023, when Ultra-Orthodox Jews protested a Messianic convention in Jerusalem. Social media videos and comments highlighted Jesus’s purported Torah compliance, placing Matthew 5:17 at the center stage. The comments proved indicative of the gaps within the literature as neither determined all the unique Written and Oral Torahic/legal issues raised within the Gospels nor quantified the extent of Jesus’s compliance. To address these gaps, this study employs artificial intelligence (LDA), statistics, and legal analysis and exegesis to determine Jesus’s compliance with the Torah, Mishnah, Talmud, and Mishneh Torah. The findings show the Gospels’ consensus: Mark, Luke, and John reflect that Jesus was non-Torah-compliant (14.80, 43.80, and 0.00%, respectively); Matthew states otherwise (70.80%). Overall, the study revealed that Jesus kept 79 of 162 Written and Oral Torah laws (48.80%). This study has significant implications for Christian doctrines, the definition(s) of sin, and the missionizing ethnoreligion members and serves as a case study that illustrates AI’s impact on religious authority (i.e., clergy, scholarship, and doctrines).
Full article
(This article belongs to the Special Issue AI and Its Influence: Legal and Religious Perspectives)
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Show Figures
Figure 1
Open AccessArticle
Facial Recognition Technology in Policing and Security—Case Studies in Regulation
by
Nessa Lynch
Laws 2024, 13(3), 35; https://doi.org/10.3390/laws13030035 - 7 Jun 2024
Abstract
Technology-enabled state surveillance has evolved rapidly to allow real-time remote tracking and surveillance of people and vehicles and the aggregation of vast amounts of data on people and their movements, networks, and relationships. Facial recognition technology (FRT) comprises a suite of technologies that
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Technology-enabled state surveillance has evolved rapidly to allow real-time remote tracking and surveillance of people and vehicles and the aggregation of vast amounts of data on people and their movements, networks, and relationships. Facial recognition technology (FRT) comprises a suite of technologies that allows verification, identification, and categorisation by analysing a person’s facial image. Such technologies impact fundamental rights, such as privacy, freedom of expression, and freedom of assembly, but can also be used to detect, investigate, and deter serious crime and harm and to counter threats to security, thus promoting collective interests in security and public safety. These impacts have been considered in terms of scholarship and advocacy, but the shape of principled regulation is less well traversed. This contribution examines three contemporary case studies of the regulation of FRT in policing and security to analyse the challenges in regulating this technology.
Full article
(This article belongs to the Special Issue Law and Emerging Technologies)
Open AccessArticle
Child Welfare, Immigration, and Justice Systems: An Intersectional Life-Course Perspective on Youth Trajectories
by
Marsha Rampersaud, Kristin Swardh and Henry Parada
Laws 2024, 13(3), 34; https://doi.org/10.3390/laws13030034 - 29 May 2024
Abstract
This study explores how racialized migrant youth navigate Ontario’s child welfare, criminal justice, and immigration systems. Insights from youth, academics, practitioners, lawyers, policymakers, and social workers were gathered from a conference and contextualized using the Intersectional Life Course Theory and a critical phenomenological
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This study explores how racialized migrant youth navigate Ontario’s child welfare, criminal justice, and immigration systems. Insights from youth, academics, practitioners, lawyers, policymakers, and social workers were gathered from a conference and contextualized using the Intersectional Life Course Theory and a critical phenomenological framework. Our analysis focuses on timing, locally and globally linked lives, social identities, and resilience, and emphasizes the interconnectedness of individual experiences within societal structures. We review systemic challenges and ethical dilemmas for young migrants, particularly concerns about fairness in potential inadmissibility or deportation consequences. We propose systemic support measures to foster resilience and disrupt adverse trajectories in order to mitigate discriminatory practices and provide targeted support for youth within these systems.
Full article
(This article belongs to the Special Issue The Human Rights of Migrants)
Open AccessArticle
Redefining Boundaries in the Metaverse: Navigating the Challenges of Virtual Harm and User Safety
by
Mohamed Chawki, Subhajit Basu and Kyung-Shick Choi
Laws 2024, 13(3), 33; https://doi.org/10.3390/laws13030033 - 24 May 2024
Abstract
This paper analyses sexual crimes within the Metaverse to develop an effective legal framework. The aim is to enhance safety in virtual realities, ensuring the Metaverse remains a secure, respectful, and liberating environment for all users. As the Metaverse continues to evolve, merging
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This paper analyses sexual crimes within the Metaverse to develop an effective legal framework. The aim is to enhance safety in virtual realities, ensuring the Metaverse remains a secure, respectful, and liberating environment for all users. As the Metaverse continues to evolve, merging augmented physical reality with digital existence, it introduces new opportunities for socialisation, commerce, education, and entertainment. However, this digital realm also faces significant challenges, particularly the increase in sexual violence. This article evaluates the development of the Metaverse and its impact on sexual offences. It provides an overview of the Metaverse, followed by an in-depth exploration of the nature of sexual violence in this virtual space, its effects on victims, and the resulting legal and ethical issues. Additionally, this article examines the complexities of combating sexual violence within the Metaverse, reviewing the legal frameworks in various jurisdictions, including the United States, the European Union, the United Kingdom, and South Korea. These examinations reveal a range of legal viewpoints and possible solutions. This article outlines a proposed legal framework, highlighting key strategic areas for mitigating sexual violence in the Metaverse. The primary objective is to enrich the discourse on the Metaverse, pushing for strong, flexible, and holistic legal measures. Through this research, we aim to contribute to the creation of protective mechanisms against sexual violence in these emerging virtual landscapes.
Full article
(This article belongs to the Topic Emerging Technologies, Law and Policies)
Open AccessArticle
Incentivizing Civic Engagement at Public and Private Universities: Tax Exemptions, Laws, and Critical Dialogues
by
Eric Morrow, Casey Thompson, Payton Jones and Boleslaw Z. Kabala
Laws 2024, 13(3), 32; https://doi.org/10.3390/laws13030032 - 22 May 2024
Abstract
What are the differences in how public and private institutions of higher education, with religious schools as a subset of private colleges and universities, approach on-campus protests in a framework of civic engagement? Unfortunately, public, private, and religious schools have all restricted opportunities
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What are the differences in how public and private institutions of higher education, with religious schools as a subset of private colleges and universities, approach on-campus protests in a framework of civic engagement? Unfortunately, public, private, and religious schools have all restricted opportunities of speech, assembly, and protest, despite in many cases state and federal courts ruling that this is against the law. With the goal of increasing the civic capacities of students at all institutions of higher education, we propose a mechanism of partial revocation of tax exemptions at universities that do not currently uphold a robust understanding of civic engagement opportunities for all students, which will apply to any college or university receiving federal funding, consistent with the constitutional tradition of free speech still exemplified by Brandenburg v. Ohio and the “national policy” test of Bob Jones University vs. United States. In doing so, we build on the critique of exemptions in the recent work of Vincent Phillip Munoz on religious liberty. By opting only for incentives and by not even incentivizing private institutions that continue to restrict civic engagement but that do not accept federal dollars, we affirm and support a mutually beneficial ongoing dialogue among public, private, and religious schools. This dialogue, as it is sharpened and maintained in place by our recommended policies, is also consistent with pluralism as conceptualized by Jacob Levy.
Full article
(This article belongs to the Special Issue Civic Engagement, Justice, and the Law in a National and International Context)
Open AccessArticle
Algorithmic Exploitation in Social Media Human Trafficking and Strategies for Regulation
by
Derek M. Moore
Laws 2024, 13(3), 31; https://doi.org/10.3390/laws13030031 - 20 May 2024
Abstract
Human trafficking thrives in the shadows, and the rise of social media has provided traffickers with a powerful and unregulated tool. This paper delves into how these criminals exploit online platforms to target and manipulate vulnerable populations. A thematic analysis of existing research
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Human trafficking thrives in the shadows, and the rise of social media has provided traffickers with a powerful and unregulated tool. This paper delves into how these criminals exploit online platforms to target and manipulate vulnerable populations. A thematic analysis of existing research explores the tactics used by traffickers on social media, revealing how algorithms can be manipulated to facilitate exploitation. Furthermore, the paper examines the limitations of current regulations in tackling this online threat. The research underscores the urgent need for collaboration between governments and researchers to combat algorithmic exploitation. By harnessing data analysis and machine learning, proactive strategies can be developed to disrupt trafficking networks and protect those most at risk.
Full article
(This article belongs to the Topic Emerging Technologies, Law and Policies)
Open AccessArticle
Law, Technology, and Our Governance Dilemma
by
Roger Brownsword
Laws 2024, 13(3), 30; https://doi.org/10.3390/laws13030030 - 10 May 2024
Abstract
This article highlights a dilemma that we face when we turn to new tools that promise to improve on law’s imperfect governance. On the one hand, our discontent with law’s governance is both broad and deep, and much of it is rooted in
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This article highlights a dilemma that we face when we turn to new tools that promise to improve on law’s imperfect governance. On the one hand, our discontent with law’s governance is both broad and deep, and much of it is rooted in the human nature of the legal enterprise. Yet, we remain attached to the essentially human nature of law’s governance. On the other hand, we recognise the potential benefits in technological governance but not without some displacement of the human element. Caught on the horns of this dilemma, we attempt to limit the loss of the human element by insisting that governance must be compatible with human rights or human dignity, or, more directly, that governance must limit the applications of technology so that they remain human-centric. Given a demand for human-centric applications of technologies, we consider how far humans might, and should, go in deploying new tools with a view to improving law’s imperfect governance. Should these tools be limited to assisting humans? Or, might they replace humans? Or might we even govern by technological management of places, products, and processes so that reliance on both humans and rules is reduced? It is concluded that, in all spheres of governance and in all human communities, the one thing that is essential is that the applications of new technologies are controlled so that they do not undermine the generic conditions which are presupposed by viable groups of human agents.
Full article
(This article belongs to the Special Issue Law and Emerging Technologies)
Open AccessArticle
Establishing Boundaries to Combat Tax Crimes in Indonesia
by
Dwi Nurferyanto and Yoshi Takahashi
Laws 2024, 13(3), 29; https://doi.org/10.3390/laws13030029 - 4 May 2024
Abstract
Enforcing criminal tax law in Indonesia presents a critical yet challenging task, because of the intricate interplay between tax and criminal law interests. The Indonesian Government has introduced leniency in tax criminal law enforcement, guided by the ultimum remedium principle, where criminal sanctions
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Enforcing criminal tax law in Indonesia presents a critical yet challenging task, because of the intricate interplay between tax and criminal law interests. The Indonesian Government has introduced leniency in tax criminal law enforcement, guided by the ultimum remedium principle, where criminal sanctions are considered as a last resort. Under this policy, tax offenders can absolve themselves from legal liability. However, such leniency throughout the enforcement process can lead to perceptions of injustice within society. This research uses descriptive, evaluative, and normative juridical methods to examine Indonesia’s approach to enforcing criminal tax laws within the framework of tax and legal interests. Our findings reveal that the current policies heavily favor taxpayer interests by providing numerous concessions to offenders. This trend is concerning, as it may result in a surge of tax crime cases. Conversely, adopting the primum remedium principle, where criminal sanctions are the initial response, poses the risk of harsh legal consequences. In light of these challenges, we propose a balanced approach incorporating elements of both ultimum and primum remedium principles to establish clear boundaries and provisions within criminal tax law enforcement policies. By doing so, we aim to accommodate tax interests while upholding legal interests.
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(This article belongs to the Section Criminal Justice Issues)
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