Article Law

Care on the move: the gender care gap and intra-EU mobility

Nina Miller

Summary: The structure and implementation of EU free movement rules result in a diminished quality of rights and protections for individuals with caring responsibilities. As a result, women exercising their free movement rights in another EU member state face increased risks of legal and physical precarity, poverty, destitution, and exploitation. The connection between the gender care gap and EU free movement rules has not been recognized by policy makers and civil society, leading to a lack of strategy for addressing gender equality in this regard.

JOURNAL OF LAW AND SOCIETY (2023)

Article Law

Does satisfaction with amenities and environment influence the taste for revolt in the middle east?

Mohammad Reza Farzanegan, Hassan F. Gholipour

Summary: The purpose of this study is to explore the relationship between individuals' satisfaction with amenities and environmental quality and their taste for revolt in the Middle East. The results show that there is a negative and statistically significant relationship between individuals' satisfaction with amenities and environmental quality and their inclination towards revolt in both Egypt and Iraq. This relationship is more pronounced in urban areas, particularly in large cities.

CONSTITUTIONAL POLITICAL ECONOMY (2023)

Article Law

What's Fairness Got to Do with it? Fair Opportunity, Practice Dependence, and the Right to Freedom of Religion

Sune Laegaard

Summary: The protection of religious freedom requires consideration of exemptions from other laws and legitimate limitations. Alan Patten's Fair Opportunity view faces problems as it lacks a normative criterion and fails to capture the essence of the right to freedom of religion.

HUMAN RIGHTS REVIEW (2023)

Article Family Studies

Mitigating the impact of intimate partner violence in pregnancy and early childhood: A dyadic approach to psychotherapy

Carolyn Ponting, Rachel C. Tomlinson, Ann Chu, Alicia F. Lieberman

Summary: This article explores the effects of intimate partner violence (IPV) on children and discusses a relational psychotherapeutic treatment approach (Child-Parent Psychotherapy) to mitigate its adverse consequences. Research evidence for the effectiveness of Child-Parent Psychotherapy (CPP) among IPV-exposed families is reviewed, and specific treatment components that restore relational safety following familial violence are discussed. Clinical considerations unique to families with histories of or ongoing exposure to IPV are also addressed. Recommendations are presented to improve the integration between medical and early childhood behavioral health systems for families at highest risk for chronic IPV.

FAMILY COURT REVIEW (2023)

Article Criminology & Penology

Punitive consequences of being a minority male: an analysis exploring intersectionality, racial/ethnic threat, and sentencing outcomes

Porche A. W. Okafor

Summary: Decades of sentencing research have shown disparities in sentencing outcomes based on various factors, such as race, ethnicity, sex, age, and racial/ethnic contexts. This study aims to address the lack of attention given to the intersection of individual-level characteristics across racial and ethnic contexts and its contribution to sentencing disparities.

PSYCHOLOGY CRIME & LAW (2023)

Article Law

'Would any of them have suffered from a guilty conscience if they had won?': Rudolf Wiethölter and post-Second World War German law1

Domenico Siciliano

Summary: This article explores the theory of law by Rudolf Wietholter, a jurist from Frankfurt, as an ambitious attempt to achieve radical democratization of post-World War II German society through law. It focuses on the conflict/dialogue with philosopher Jürgen Habermas, highlighting the evolution of Wietholter's critical theory of law and 'true jurists'.

JOURNAL OF LAW AND SOCIETY (2023)

Article Law

Problems of legal education development in Ukraine

Valeriia K. Antoshkina, Anatolii Ye Shevchenko, Sergii A. Skryl, Serhii M. Sadovyi, Oksana V. Kuznichenko

Summary: This article aims to identify the issues and causes of problems in law expert training and proposes specific directions and steps for reforming legal education. By analyzing the state of legal education and student education problems, the article emphasizes the need to consider this issue from the perspective of legal practice needs.

INTERNATIONAL JOURNAL OF THE LEGAL PROFESSION (2023)

Article Environmental Studies

A paper tiger in the fog of governance: Norway's riddle in biodiversity matters

Esmeralda Colombo

Summary: Norway's exceptional governance ranking does not accurately predict effective biodiversity protection. Through analyzing the regulatory frameworks for biodiversity protection in Norway, this article identifies misconceptions, perverse incentives, and institutional bottlenecks that contribute to the problem. It proposes enabling factors and reform suggestions to address these barriers and promote earth system governance in biodiversity matters.

REVIEW OF EUROPEAN COMPARATIVE & INTERNATIONAL ENVIRONMENTAL LAW (2023)

Article Law

New Technologies in International Arbitration: A Game-Changer in Dispute Resolution?

Magdalena Lagiewska

Summary: International dispute resolution, especially international arbitration, is greatly influenced by innovative technologies. These technologies offer cost and time advantages, but also pose challenges. The emergence of new technologies presents an opportunity to establish a long-lasting new standard for international arbitration.

INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE (2023)

Article Family Studies

Defining points and transformative turns in family violence, parenting and coparenting disputes

Michael A. Saini, Robin M. Deutsch, Leslie M. Drozd

Summary: This paper examines the definition of family violence and its impact on parenting and coparenting. It emphasizes the importance of expanding and redefining concepts to better understand family violence and highlights the necessity of interdisciplinary collaboration.

FAMILY COURT REVIEW (2023)

Article Law

Space-making 'after rights': carcerality, rights-claims, and the practice of freedom

Shaimaa Abdelkarim

Summary: This paper examines the capacity to act in counter-hegemonic human rights approaches, focusing on non-liberal subjectivities like the incarcerated person who are often assumed to be lacking in autonomy. It suggests the concept of 'after rights' as a new perspective in critiquing liberal human rights, and proposes the use of anti-carceral praxis to highlight anti-colonial action and surpass the limitations of liberal conceptualizations.

INTERNATIONAL JOURNAL OF HUMAN RIGHTS (2023)

Article Law

Judging Under Authoritarianism

Julius Yam

Summary: This article proposes a two-step adjudicative framework for judicial reasoning under authoritarianism, providing guidance for judges on how to discharge their duties when facing authoritarian pressure. In this framework, judges are encouraged to identify the formal legal position while ignoring extra-legal factors, and then consider whether and how the formal legal position should be supplemented or adjusted by judicial strategies, depending on the level of risk involved.

MODERN LAW REVIEW (2023)

Article Criminology & Penology

Spillover of domains: testing the influence of work-family conflict on staff at a Southern US prison

Stacy H. Haynes, Eric G. Lambert, David C. May, Linda D. Keena, Matthew C. Leone

Summary: This study investigated the impact of different types of work-family conflict on job stress among correctional staff. The results showed that strain-based conflict and behavior-based conflict were significant predictors of job stress. These findings emphasize the importance of differentiating between dimensions of work-family conflict.

PSYCHOLOGY CRIME & LAW (2023)

Article Law

New Dynamics of the Post-COVID-19 Era: A Legal Conundrum

Arianna Vedaschi, Chiara Graziani

Summary: This article analyzes the permanent changes brought by the legal reactions to COVID-19 in three main areas of comparative constitutional law. It discusses the political, institutional, factual, and cultural rationales behind these changes.

GERMAN LAW JOURNAL (2023)

Article Law

The United Nations Declaration on the rights of peasants and other people working in rural areas: possibilities for the formation of a rural Latin-American historic bloc

Miguel Rabago Dorbecker

Summary: The worsening conditions caused by the COVID-19 crisis have had a significant impact on rural and agricultural communities in Latin America. Interestingly, this happened at a time when the rights of these communities were recognized in the UN Declaration on the Rights of Peasants (UNDROP). Unlike most universal human rights instruments, UNDROP focuses on a social class rather than gender, age, ethnicity, or other categories. This shift towards class as a social category may provide opportunities for legal mobilization, such as promoting class solidarity and addressing issues related to gender, access to land and seeds, and food sovereignty in rural areas. However, the formation of historic blocs is a contentious issue, as seen in the Lhaka Honhat Association Case.

INTERNATIONAL JOURNAL OF HUMAN RIGHTS (2023)

Article Law

Law(s) against unfair competition: the legitimacy of the UK approach

Dev Saif Gangjee

Summary: The UK lacks a unified legal basis for preventing unfair competition, but has a range of laws and regulations to protect fair competition. This article evaluates whether the UK's approach complies with international treaty obligations, and concludes that it does.

JOURNAL OF INTELLECTUAL PROPERTY LAW & PRACTICE (2023)

Article Law

ISDS 2.0: time for a doctrine of precedent?

Martin Jarrett

Summary: The reform process for ISDS at UNCITRAL is reaching its climax, with the emergence of a new international court for resolving investor-state disputes, known as ISDS 2.0, as a key feature. This court, which should include an appellate tribunal, aims to produce consistent case law, addressing a common complaint about the inconsistency in 'ISDS 1.0' case law. However, the article highlights the need for caution in pushing for consistent case law, drawing parallels with the breakdown of the WTO dispute settlement system. The article proposes the adoption of a formal doctrine of precedent as a solution, emphasizing states' control over investment-treaty obligations.

JOURNAL OF INTERNATIONAL ECONOMIC LAW (2023)

Article Law

Are Political Attacks on the Judiciary Ever Justifiable? The Relationship Between Unfair Criticism and Public Accountability

Scott Stephenson

Summary: Political attacks on the judiciary pose a threat to constitutional democracy. While unfair criticism jeopardizes judicial independence and impartiality, it can also serve as a means of holding the judiciary accountable. The justifiability of unfair criticism depends on weighing its potential value against its potential harm.

AMERICAN JOURNAL OF COMPARATIVE LAW (2023)

Article Law

Israel-tax update

Lyat Eyal

Summary: This article presents the recommendations of a public committee established in the field of international taxation in order to simplify and improve the Israeli tax system. The report, submitted in November 2021, covers various areas and highlights recommendations that have not yet been enacted into legislation.

TRUSTS & TRUSTEES (2023)

Article Law

Why Command Responsibility May (not) Be a Solution to Address Responsibility Gaps in LAWS

Ann-Katrien Oimann

Summary: This article discusses the moral responsibility issues associated with the possible use of lethal autonomous weapons systems (LAWS), particularly in situations where LAWS cause serious violations of international humanitarian law. By analyzing the control requirement of the doctrine of command responsibility, the feasibility of applying this doctrine to LAWS is assessed and explored in depth.

CRIMINAL LAW AND PHILOSOPHY (2023)