Article
Law
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
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
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
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
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
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
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
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
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
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
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
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.
Article
Criminology & Penology
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
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
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
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
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
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
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.
Article
Law
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)