Laws | August 2024 - Browse Articles

24 pages, 1586 KiB

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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

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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 [...] Read more.

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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15 pages, 278 KiB

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

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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 [...] Read more.

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

19 pages, 345 KiB

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

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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 [...] Read more.

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)

31 pages, 345 KiB

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

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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 [...] Read more.

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)

15 pages, 259 KiB

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

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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 [...] Read more.

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)

24 pages, 385 KiB

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

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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 [...] Read more.

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)

14 pages, 253 KiB

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

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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 [...] Read more.

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)

17 pages, 256 KiB

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

Viewed by 267

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 [...] Read more.

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

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Laws, Volume 13, Issue 4 (August 2024) – 8 articles

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