Article Law

Governing Fake News: The Regulation of Social Media and the Right to Freedom of Expression in the Era of Emergency

Donato Vese

Summary: This article discusses the risks of strict government regulations on social media in combating fake news and their potential negative implications for freedom of expression rights. It emphasizes the adverse effects of fake news on the COVID-19 health emergency while cautioning against governments using health emergencies as a pretext for excessive restrictions on freedom of expression and increased social media censorship. The article proposes different regulatory approaches to address the issue and highlights the importance of not jeopardizing freedom of expression in the process of managing fake news.

EUROPEAN JOURNAL OF RISK REGULATION (2022)

Article Law

NFT, copyright and intellectual property commercialization

Ifeanyi E. Okonkwo

Summary: This article discusses the relationship between NFT and copyright, foreseeable problems and solutions, and how NFTs serve as channels for intellectual property commercialization.

INTERNATIONAL JOURNAL OF LAW AND INFORMATION TECHNOLOGY (2022)

Article Law

THE ANTIFASCIST ROOTS OF PRESIDENTIAL ADMINISTRATION

Noah A. Rosenblum

Summary: This article explores the intellectual foundations and legitimacy of presidential administration in the fight against fascism through original archival research and contextualization. It shows how the reconciliation of a strong executive with democratic norms was achieved by embracing separation of powers. Additionally, it highlights the implications of these overlooked developments for modern presidential administration.

COLUMBIA LAW REVIEW (2022)

Article Computer Science, Artificial Intelligence

Unsupervised law article mining based on deep pre-trained language representation models with application to the Italian civil code

Andrea Tagarelli, Andrea Simeri

Summary: Modeling law search and retrieval as prediction problems is a predominant approach in law intelligence. LamBERTa, a deep learning framework designed for civil-law codes, specifically trained on the Italian civil code, shows superior effectiveness compared to widely used text classifiers and a few-shot learner.

ARTIFICIAL INTELLIGENCE AND LAW (2022)

Article Law

Fear and legitimacy in Sao Paulo, Brazil: Police-citizen relations in a high violence, high fear city

Jonathan Jackson, Krisztian Posch, Thiago R. Oliveira, Ben Bradford, Silvia M. Mendes, Ariadne Lima Natal, Andre Zanetic

Summary: This study examines the consensual and coercive police-citizen relations in Sao Paulo, Brazil. The findings suggest that procedural justice is crucial for legitimizing the police, but the link between legitimacy and legal compliance is complicated by cultural expectations and authority relations.

LAW & SOCIETY REVIEW (2022)

Book Review Law

almost over: Aging, Dying, Death

Michael Cholbi

CRIMINAL LAW AND PHILOSOPHY (2023)

Article Law

A Risky Bet: Climate Change and the EU's Microprudential Framework for Banks

Agnieszka Smolenska, Jens van't Klooster

Summary: Banking regulation and supervision are crucial in achieving the EU's climate change goals. This article examines the EU's initiatives to decarbonize the banking system, particularly in relation to microprudential rules. The authors analyze how regulators are incorporating climate policy into the existing framework and discuss the potential risks and challenges of these efforts.

JOURNAL OF FINANCIAL REGULATION (2022)

Article Criminology & Penology

Consequences of child maltreatment victimisation in internalising and externalising mental health problems

Manuel Vilarino, Barbara G. Amado, Dolores Seijo, Adriana Selaya, Ramon Arce

Summary: This study conducted a field investigation on 65 child victims of multiple types of maltreatment to assess their symptoms of depression, anxiety, and anger. The results showed that child maltreatment victims reported higher levels of depressive, anxiety, and anger symptoms compared to the normative sample. Approximately 25% of the participants were asymptomatic for depression, 20% for anxiety, and 5% for anger.

LEGAL AND CRIMINOLOGICAL PSYCHOLOGY (2022)

Review Health Policy & Services

Static-99R: Strengths, Limitations, Predictive Accuracy Meta-Analysis, and Legal Admissibility Review

L. Maaike Helmus, Sharon M. Kelley, Annabelle Frazier, Yolanda M. Fernandez, Seung C. Lee, Martin Rettenberger, Marcus T. Boccaccini

Summary: Most risk assessment scales are developed to broadly rank individuals according to their risk to reoffend, not to inform particular legal decisions. This article focuses on Static-99R, the most commonly used and researched risk assessment tool for individuals charged or convicted of sexual offenses. It provides an overview of the scale's development, reliability, validity, and legal admissibility. Despite its limitations, Static-99R is shown to be useful in legal decision-making and better than not using structured risk scales.

PSYCHOLOGY PUBLIC POLICY AND LAW (2022)

Article Law

Inconclusives and error rates in forensic science: a signal detection theory approach

Hal R. Arkes, Jonathan J. Koehler

Summary: Signal detection theory provides a useful framework for understanding the role of "inconclusives" in forensic sciences and suggests that inconclusive responses are often appropriate depending on the signal strength and examiner's threshold. It also argues against coding inconclusive cases as either correct or incorrect when tabulating forensic error rates.

LAW PROBABILITY & RISK (2022)

Article Environmental Sciences

The 'Advance Interference-Like Effect' of Climate Targets: Fundamental Rights, Intergenerational Equity and the German Federal Constitutional Court

Petra Minnerop

Summary: This article examines the significance of the decision made by the German Federal Constitutional Court in March 2021 for climate litigation, legislation, and constitutional doctrine. It points out the limitations of the Court's approach towards intergenerational equity.

JOURNAL OF ENVIRONMENTAL LAW (2022)

Article Environmental Studies

The right to a healthy environment: Reconceptualizing human rights in the face of climate change

Elena Cima

Summary: This article discusses the implications of recognizing a stand-alone substantive right to a healthy environment in the context of climate change. It argues that such recognition could lead to a paradigm shift in human rights law to better address the negative impacts of climate change.

REVIEW OF EUROPEAN COMPARATIVE & INTERNATIONAL ENVIRONMENTAL LAW (2022)

Article Law

FOREWORD: RACE IN THE ROBERTS COURT

Khiara M. Bridges

HARVARD LAW REVIEW (2022)

Article Law

THE MAJOR QUESTIONS QUARTET

Mila Sohoni

HARVARD LAW REVIEW (2022)

Article Economics

Collective Bargaining Rights and Police Misconduct: Evidence from Florida

Dhammika Dharmapala, Richard H. McAdams, John Rappaport

Summary: This study provides quasi-experimental evidence on the effects of law enforcement collective bargaining rights on violent incidents of misconduct. The results suggest that granting collective bargaining rights to sheriffs' offices led to a substantial increase in violent misconduct compared to police departments. Unionization appears to play a role in this effect.

JOURNAL OF LAW ECONOMICS & ORGANIZATION (2022)

Article Law

Prospects and challenges of Islamic fintech in Indonesia: a legal viewpoint

Yudho Taruno Muryanto, Dona Budi Kharisma, Anjar Sri Ciptorukmi Nugraheni

Summary: This paper explores the prospects and challenges of Islamic fintech in Indonesia, proposing a legal framework to encourage its growth. Despite having the largest Muslim population, Indonesia's Islamic fintech market lags behind other countries. The challenges include inadequate regulations, permit procedures, and misuse of fintech for illegal activities, necessitating the formation of a comprehensive legal framework to address these issues.

INTERNATIONAL JOURNAL OF LAW AND MANAGEMENT (2022)

Article Law

Dynamic preferences and the behavioral case against sin taxes

Charles Delmotte, Malte Dold

Summary: This paper discusses the justification of sin taxes and points out the limitations of their static model, advocating for a more dynamic understanding of choice supported by recent findings in psychology and behavioral economics. It suggests that a dynamic and evolving preference animates a contractarian perspective on public policy, providing strong arguments against sin taxes and supporting preference-neutral tax rules.

CONSTITUTIONAL POLITICAL ECONOMY (2022)

Article Law

Accountability in transnational governance: The partial organization of voluntary sustainability standards in long-term account-giving

Nadine Arnold

Summary: This article examines how a standards development organization (SDO) mobilizes standards for accountability and the implications of this for both the governed and the public. Using a historical case study of the Fairtrade program, the article shows how the modification of organizational elements unintentionally transformed the standards, leading to a stronger accountability for the governed and enhanced public accountability through changes in the organizational structure of the SDO. The study contributes to a nuanced understanding of the link between accountability and standards.

REGULATION & GOVERNANCE (2022)

Article Law

Algorithmic state surveillance: Challenging the notion of agency in human rights

Eleni Kosta

Summary: This paper examines the challenges posed by current interpretations of the notion of agency in human rights protection in the context of algorithmic surveillance. It highlights the insufficiency of existing safeguards and raises the need for a new approach to thinking about agency for effective protection of human rights in the era of algorithmic surveillance.

REGULATION & GOVERNANCE (2022)

Review Law

Obligation of the European Commission to review national civil court judgements?

Rastislav Funta, Kristina Kralikova

Summary: This scientific article investigates the extent to which the European Commission is obligated to follow the decisions of national civil courts, and analyzes the legal framework. It is a preliminary study on this topic, providing directions for future research.

JURIDICAL TRIBUNE-TRIBUNA JURIDICA (2022)