Article
Law
Nadezhda Purtova, Robin L. Pierce
Summary: This paper explores the implications of citizen scientists' dual role as both participants and researchers in terms of data protection law and research ethics. It argues that citizen scientists can be both data subjects entitled to protection and data controllers, and analyzes how this can affect the quality of protection for participants and the practice of citizen science itself.
COMPUTER LAW & SECURITY REVIEW
(2024)
Article
Law
Dariusz Kloza
Summary: As the use of the internet becomes more prevalent, it is no longer just an option but a practical obligation for exercising rights and fulfilling duties. This paper discusses the reasons against non-use of the internet and explores the potential of human rights law to protect individuals from the obligation to use the internet. The aim is to spark a debate and potentially lead to changes in policy and practice.
COMPUTER LAW & SECURITY REVIEW
(2024)
Article
Law
Hilary J. Allen
Summary: Much of the discourse around fintech regulation centers on promoting private-sector innovation, but financial regulators in the US lack a statutory mandate for this. This article argues that regulators should be guided by their mandates, which should focus on preventing public harm. Using the framework of accommodating, taming, or coping, the article evaluates existing fintech regulatory strategies in relation to public harm caused by certain business models. It criticizes strategies rolling back protective regulation for private sector fintech innovation and advocates for precautionary taming regulation.
COMPUTER LAW & SECURITY REVIEW
(2024)
Article
Law
Jasmijn Boeken
Summary: This opinion piece advocates for a care-based stakeholder approach in cybersecurity, emphasizing the shared responsibility and providing tools for companies to transition from compliance to genuine security.
COMPUTER LAW & SECURITY REVIEW
(2024)
Article
Law
Daniele Licari, Giovanni Comande
Summary: Legal-BERT models, based on the BERT architecture, have been developed specifically for the legal domain and achieved state-of-the-art performance in complex legal tasks. This paper proposes four versions of Legal-BERT models pre-trained on the Italian legal domain, showing their superiority in several domain-specific tasks.
COMPUTER LAW & SECURITY REVIEW
(2024)
Article
Law
Kuo-Chun Chien, Chia-Hui Chang, Ren -Der Sun
Summary: This study aims to provide improved knowledge management services based on legal documents. By using indictments for judgment predictions, inconsistencies between predictions and prosecution can be detected, providing prosecutors with more accurate references to laws and charges. The study compared different messaging passing architectures and achieved the best performance with interactive message passing. The prediction accuracy of accusation causes was further improved through Prompt-Based Learning.
COMPUTER LAW & SECURITY REVIEW
(2024)
Article
Law
Kai von Lewinski, Michael Beurskens, Stefanie Scherzinger
Summary: The process of data modelling can empower information systems to reshape the real world, but both legal and computer science fields have insufficient awareness of the risks and opportunities involved. The inherent power in data modelling is often overlooked. Therefore, an outlook is provided on the future development of de novo designed registers such as Transparenz- and Gesellschaftsregister.
COMPUTER LAW & SECURITY REVIEW
(2024)
Article
Law
Edoardo D. Martino
Summary: This article proposes a framework to analyze the role of the law in the relationship between private and public money, and to evaluate the risks and benefits of private money. The article emphasizes the unprecedented threat to monetary sovereignty, systemic stability, and democratic decision-making posed by digital private money, and suggests regulations to address these risks while harnessing the potential efficiency gains.
COMPUTER LAW & SECURITY REVIEW
(2024)
Article
Law
Gianclaudio Malgieri, Frank Pasquale
Summary: The regulation of AI has relied on reactive tools and should shift towards a proactive approach with quality control measures and licensing requirements. AI developers need to demonstrate that their technology meets clear requirements for security, non-discrimination, accuracy, appropriateness, and correctability before deployment. The proposed AI Act is a first step towards an ex ante licensure regime but needs to be strengthened in scope and transparency.
COMPUTER LAW & SECURITY REVIEW
(2024)
Article
Law
Christof Koolen, Kim Wuyts, Wouter Joosen, Peggy Valcke
Summary: Cybersecurity is a debated topic in both technical and legal scholarship, with entrepreneurs increasingly aware of the impact of security incidents on their businesses. This article provides guidance on assessing the concept of 'appropriate technical and organizational measures' through cybersecurity maturity models, offering an opportunity to bridge the gap between technical insight and legal compliance.
COMPUTER LAW & SECURITY REVIEW
(2024)
Article
Law
Huaiyin Zhang, Rongrong Wang, Kui Cai
Summary: In the era of smart justice, blockchain technology has revolutionized the preservation and examination of electronic evidence, offering stability, integrity, and immutability. However, in Chinese copyright judicial practice, the ambiguity of blockchain evidence rules, inconsistency among different courts, and disarray in evidence preservation platforms have affected judicial discretion.
COMPUTER LAW & SECURITY REVIEW
(2024)
Article
Law
Valerio Bellandi, Christian Bernasconi, Fausto Lodi, Matteo Palmonari, Riccardo Pozzi, Marco Ripamonti, Stefano Siccardi
Summary: This paper presents an entity-centric infrastructure for managing legal documents, especially court judgments, based on the organization of a textual document repository and annotation. It discusses the framework's feasibility and the challenges of scaling the system nationally, as well as the importance of a human-in-the-loop approach for controlling the output of annotation algorithms.
COMPUTER LAW & SECURITY REVIEW
(2024)
Article
Criminology & Penology
Claire Nolasco Braaten, Lily Chi-Fang Tsai
Summary: This study analyzes the penalties imposed on corporate violators in the United States, finding that the involvement of the U.S. Department of Justice and the existence of Free Trade Agreements with the violator's country of incorporation are associated with lower penalties, while being a U.S. public company is associated with higher penalties.
INTERNATIONAL JOURNAL OF LAW CRIME AND JUSTICE
(2024)
Article
International Relations
Raymond Yang Gao
Summary: In the digital era, personal data is conceptualized differently by different countries and actors, based on economics, privacy, and national security. These conceptualizations reflect the attributes and relationships of personal data and are embedded in different philosophies and ideologies. However, the contestations between these conceptualizations cannot be easily resolved and require different legal paradigms for regulation and governance.
CHINESE JOURNAL OF INTERNATIONAL LAW
(2023)
Article
Law
Aaron Timoshanko, Caroline Hart, Francesca Bartlett, Angus Murray, Andrea Perry-Petersen
Summary: An online survey of 261 legal practitioners in various-sized law firms in Queensland provides valuable insights into their ability to navigate disruption. The results show that the lawyers demonstrated progressiveness, openness, and willingness to adopt innovative approaches, including technology, to enhance their firms' capacity. However, challenges such as time constraints and difficulty obtaining trustworthy information and training on emerging disruption were identified.
INTERNATIONAL JOURNAL OF THE LEGAL PROFESSION
(2023)
Article
Law
Nadia Hess, Mark Giancaspro, David Plater
Summary: The shortage of law graduates has negative implications for access to justice in regional, rural, remote, and Aboriginal communities in Australia. This article discusses an extracurricular educational initiative implemented at the University of Adelaide Law School in 2021 and 2022, which aimed to address this problem. The initiative involved immersion and exposure trips in regional South Australia for law students interested in pursuing regional employment. The article discusses the initiative's rationale, impact, and provides a blueprint for other universities considering similar initiatives.
ALTERNATIVE LAW JOURNAL
(2023)
Article
Law
Stephen Bagwell, Skip Mark, Meridith Lavelle, Asia Parker
Summary: This paper explores the relationship between labor rights and wage inequalities, specifically vertical inequality and horizontal inequality. The study finds that improving labor rights leads to a decrease in horizontal inequality, as well as reducing individual levels of inequality.
HUMAN RIGHTS REVIEW
(2023)
Article
Law
E. Dalgarno, E. Katz, S. Ayeb-Karlsson, A. Barnett, P. Motosi, A. Verma
Summary: Gender-based violence and domestic violence are prevalent in Brazil. The weaponization of the pseudo-concept of parental alienation against women in family courts is a growing concern worldwide. A qualitative study was conducted with thirteen mothers who are victims of domestic violence and have been accused of parental alienation. The study found that these mothers reported a range of harmful health experiences, including physical and mental health conditions, as a result of family court proceedings. The study also highlighted human rights violations and misogynistic justice systems in Brazil. Urgent measures and further research are needed to investigate the causal links between harm to health and the family courts and to strengthen human rights protection for women and child victims.
JOURNAL OF SOCIAL WELFARE AND FAMILY LAW
(2023)
Article
Psychology, Applied
Roy G. Beran, Manish A. Fozdar
Summary: Automatisms in epilepsy can be classified as either "sane" or "insane", where the former is caused by external factors and the latter is inherent to the individual. Claiming automatism in a criminal case requires careful evaluation of the behavior exhibited and questioning its intentional nature. Contrary to popular belief, epilepsy itself is not associated with increased violence, as supported by epidemiological research.
BEHAVIORAL SCIENCES & THE LAW
(2023)
Article
Health Policy & Services
Tanja C. Link, Melanie Holland, Joey Villemez
Summary: The 2006 Sex Offender Registration and Notification Act (SORNA) was established to enhance public safety by increasing supervision and limiting opportunities for reoffending among convicted sex offenders. However, there is a lack of uniformity and clarity in the implementation of SORNA statutes across jurisdictions, which burdens the offenders and jeopardizes compliance efforts.
PSYCHOLOGY PUBLIC POLICY AND LAW
(2023)
