Article Law

European artificial intelligence trusted throughout the world: Risk-based regulation and the fashioning of a competitive common AI market

Regine Paul

Summary: This article explores the European Commission's use of risk-based regulation in AI governance. The study finds that the Commission employs risk analysis as a tool for defining and enforcing risk in its pursuit of a future European AI market. Through qualitative analysis, it is revealed that the Commission treats certain AI applications as matters of deep value conflicts and tightly controls high-risk AI systems.

REGULATION & GOVERNANCE (2023)

Article Law

Digital sustainability assurance governing global value chains: The case of aquaculture

Sake R. L. Kruk, Hilde M. Toonen, Simon R. Bush

Summary: The use of digital technologies in aquaculture is increasingly addressing sustainability risks, challenging existing governance models of global value chains. Digital sustainability assurance relies on new actors and informational processes, complicating sustainability claims and requiring new capabilities from value chain actors. Digital sustainability assurance represents a new form of value chain coordination, led by extra-transactional digital actors, who gain control over digital data flows and have the potential to steer towards sustainability.

REGULATION & GOVERNANCE (2023)

Article Law

The impact of environmental terrorism on land degradation: legal comparative studies between Indonesia and Malaysia

Nanik Trihastuti, Pulung Widhi H. Hananto, Adya Paramita Prabandari, Salawati Mat Basir, Aditya Agung Pratama, Efrema Ardratya Prakasita Puteri

Summary: This paper explores land degradation as a form of environmental terrorism and seeks to find solutions by comparing similar cases in Indonesia and Malaysia. The study finds that while laws and regulations exist, addressing land degradation requires sustainable development practices, public awareness, and cooperative dialogue.

JOURNAL OF PROPERTY PLANNING AND ENVIRONMENTAL LAW (2023)

Article Law

REGULATING USE BY LAW ENFORCEMENT AUTHORITIES OF LIVE FACIAL RECOGNITION TECHNOLOGY IN PUBLIC SPACES: AN INCREMENTAL APPROACH

Asress Adimi Gikay

Summary: This article advocates for an incremental approach to regulating the use of live facial recognition technology, suggesting the adoption of national legal rules and transparency procedures to balance law enforcement needs and privacy protection.

CAMBRIDGE LAW JOURNAL (2023)

Review Law

School violence in Saudi Arabia: A scoping review

Omar Abdulqader Bamalan, Mohammed Abdulmohsen AlSharit, Khalil Ibrahim Sabbagh, Abdullah Haleem Abuzaid, Hussain Jawad Aljubran, Waleed Abdullah Alzahrani, Nader Mohammed Alosaimi, Ritesh G. Menezes

Summary: This study provides a scoping review of school violence in Saudi Arabia, discussing the adversities and related aspects from a Saudi Arabian perspective. The findings indicate that male students are more likely to engage in physical violence, while females tend to engage in verbal violence. School violence has significant effects on students' mental wellbeing and academic performance.

MEDICINE SCIENCE AND THE LAW (2023)

Article Family Studies

Engaging fathers who commit family violence: Issues and challenges for family courts

Robert Nonomura, Dan Zamfir, Katreena Scott, Peter Jaffe, Shaz Bukhari, Lisa Heslop

Summary: This article emphasizes the importance of intervention with fathers who commit family violence in family court proceedings. It provides strategies and methods for effectively engaging and intervening with these fathers to promote safe and healthy outcomes for children and their mothers.

FAMILY COURT REVIEW (2023)

Article Family Studies

Coparenting and intimate partner violence

Jennifer L. Hardesty, Brian G. Ogolsky, Tanitoluwa D. Akinbode

Summary: Intimate partner violence has significant implications for the health and wellbeing of mothers and children, especially after separation or divorce. Understanding the impact of coparenting in the context of IPV is crucial. The legal system plays a role in family dynamics during divorces, particularly in child custody decisions and the safety of those decisions.

FAMILY COURT REVIEW (2023)

Article Computer Science, Artificial Intelligence

Decision support for detecting sensitive text in government records

Karl Branting, Bradford Brown, Chris Giannella, James Van Guilder, Jeff Harrold, Sarah Howell, Jason R. Baron

Summary: Freedom of information laws promote transparency, but exemptions are necessary to protect privacy and allow government officials to deliberate. This paper presents a novel deliberative-language detection model for assisting analysts in handling open-records requests.

ARTIFICIAL INTELLIGENCE AND LAW (2023)

Article Law

Vietnam's Regulation on Intellectual Property Rights Protection: The Context of Digital Transformation

Dao Ngoc Anh Nguyen, V. P. Nguyen, Kim Hieu Bui

Summary: Vietnam's digital economy legislation has a regulatory structure regarding copyright and patents in the context of digital transformation. The study reveals that the nation is highly reliant on the effective operation of a broader foreign institutional and legal framework. In the future, the establishment of additional transnational regulatory systems will be necessary.

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

Article Law

Brandeis in Brussels? Bureaucratic discretion, social learning, and the development of regulated competition in the European Union

Chase Foster, Kathleen Thelen

Summary: Neo-Brandeisian legal scholars have found that Europe, rather than the United States, is more receptive to the ideas of Louis Brandeis. Through analyzing the development of EU competition law, it is evident that the EU's administrative system, with significant bureaucratic discretion, has led to a regulated competition system that aligns with the principles advocated by Brandeis.

REGULATION & GOVERNANCE (2023)

Article Law

The failure of the constituent process in Kenya

Sonsoles Arias Guedon

Summary: After gaining independence in 1963, Kenya entered its democratic era, but its constitution underwent several reforms that transformed it from a democratic model to an authoritarian one-party system. Two decades later, political changes and the wave of democratization led to calls for constitutional change. The key factors contributing to the failure of the constitutional-making process were the strong influence of political forces and their partisan use.

ICON-INTERNATIONAL JOURNAL OF CONSTITUTIONAL LAW (2023)

Article Criminology & Penology

Does telling a story in reverse elicit cues to deceit? A replication and extension of Vrij, Leal, Mann and Fisher (2012)

Laure Brimbal, Angela M. Jones, Elizabeth A. Quinby

Summary: The study found that although truth tellers were more detailed and plausible than liars, the interaction between reverse recall and veracity was not observed. In the second experiment, an interaction between truth telling senders and reverse recall was only found in dichotomous lie detection judgements, which was not supported in overall accuracy.

LEGAL AND CRIMINOLOGICAL PSYCHOLOGY (2023)

Article Law

The effects of third-party intervention in the adjudication of maritime delimitation disputes

Stephany Aw

Summary: While third States may have an interest in maritime boundary disputes, they are hesitant to intervene due to the potential legally binding effects and alternative options available to make their interests known.

JOURNAL OF INTERNATIONAL DISPUTE SETTLEMENT (2023)

Article Law

An institutional analysis of UK ostensible minority shareholder protection mechanisms

Jonathan Hardman

Summary: This article argues that the ostensible minority protection mechanisms in company law, such as the derivative claim and unfair prejudice, fail to effectively protect the intended beneficiaries. The remedies are hard to access, overly focused on the behavior of the wronged party, and offer inadequate relief. However, by applying an institutional analysis and examining the rules from the perspective of the company, these weaknesses can be turned into strengths for the company. The remedies act as a "lightning rod" for complaints by disgruntled shareholders, protecting the institutional arrangement of the company and the broader company law framework.

JOURNAL OF CORPORATE LAW STUDIES (2023)

Article Law

Retained EU Law and Implications for Pregnant Workers: A Therapeutic Jurisprudence Perspective

Anna Kawalek, Mercedes Rosello

Summary: Using therapeutic jurisprudence, this paper argues that the rights of pregnant workers are vulnerable in a post-Brexit climate. Despite the lifting of the sunset clause, the Retained EU Law (Revocation and Reform) Act 2023 still grants the government wide powers to change EU derived legislation. Through an example from employment law, the paper demonstrates the potential violation of positive outcomes for pregnant workers.

LIVERPOOL LAW REVIEW (2023)

Article Law

Investment Contracts and the Reform of Investment Arbitration: Towards Sustainability

Sondra Faccio

Summary: This article discusses the role of investment contracts in the reform of international investment law and arbitration, aiming to strengthen the sustainability and balance of investment. It also examines how contractual provisions can enable States to file counterclaims in investment treaty arbitration, providing new avenues for sustainable development in investor-State arbitration.

ICSID REVIEW-FOREIGN INVESTMENT LAW JOURNAL (2023)

Article Law

A New Definition of 'Treasure' under the Treasure Act 1996: Watershed Reform or Missed Opportunity?

Chris Bevan

Summary: The UK Government has introduced a new definition of 'treasure' under the Treasure Act 1996, which significantly changes the legal understanding of 'treasure' in England, Wales, and Northern Ireland. While this reform represents a substantial change to the existing legal framework, it does not fully address the criticisms and deficiencies of the old law, and fails to meet the needs of 21st-century treasure law.

MODERN LAW REVIEW (2023)

Article Law

The Religious Sign from a Semiotic Perspective a Social-Semiotic Interpretation of the Challenges Presented by the Concept of Religious Sign in the Context of French Schools

Nathalie Hauksson-Tresch

Summary: This essay explores the challenges of religious signs in secular French schools through a social-semiotic lens, analyzing the interplay of language and society and uncovering the functions of these signs in ideational, interpersonal, and textual dimensions. It sheds light on the complexities of reconciling diverse religious perspectives within a secular educational system.

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

Article Industrial Relations & Labor

Check off, Variation of Contract and Collective Voice: Secretary of State for the Home Department v Cox

Pascale Lorber

INDUSTRIAL LAW JOURNAL (2023)

Article Law

Enacting a Law on Sexual Assault Using Deceptive Means in India

Nikunj Kulshreshtha

Summary: This article critically analyzes the legal provisions on rape by deception in India, examining both the jurisprudence established by the courts and appellate judicial decisions in India, as well as drawing valuable lessons from jurisprudence in the English jurisdiction. It attempts to formulate a test for criminalizing deceptive sex and emphasizes the need for an independent offense in India based on the principle of fair labeling.

LIVERPOOL LAW REVIEW (2023)