Journal Description
Laws
Laws
is an international, peer-reviewed, open access journal on legal systems, theory, and institutions, published bimonthly online by MDPI.
- Open Access— free for readers, with article processing charges (APC) paid by authors or their institutions.
- High Visibility: indexed within Scopus, ESCI (Web of Science), RePEc, vLex Justis, CanLII, Law Journal Library, and other databases.
- Journal Rank: CiteScore - Q2 (Law)
- Rapid Publication: manuscripts are peer-reviewed and a first decision is provided to authors approximately 29.6 days after submission; acceptance to publication is undertaken in 5.6 days (median values for papers published in this journal in the second half of 2023).
- Recognition of Reviewers: reviewers who provide timely, thorough peer-review reports receive vouchers entitling them to a discount on the APC of their next publication in any MDPI journal, in appreciation of the work done.
Impact Factor:
1.2 (2022)
Latest Articles
Incentivizing Civic Engagement at Public and Private Universities: Tax Exemptions, Laws, and Critical Dialogues
Laws 2024, 13(3), 32; https://doi.org/10.3390/laws13030032 - 22 May 2024
Abstract
What are the differences in how public and private institutions of higher education, with religious schools as a subset of private colleges and universities, approach on-campus protests in a framework of civic engagement? Unfortunately, public, private, and religious schools have all restricted opportunities
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What are the differences in how public and private institutions of higher education, with religious schools as a subset of private colleges and universities, approach on-campus protests in a framework of civic engagement? Unfortunately, public, private, and religious schools have all restricted opportunities of speech, assembly, and protest, despite in many cases state and federal courts ruling that this is against the law. With the goal of increasing the civic capacities of students at all institutions of higher education, we propose a mechanism of partial revocation of tax exemptions at universities that do not currently uphold a robust understanding of civic engagement opportunities for all students, which will apply to any college or university receiving federal funding, consistent with the constitutional tradition of free speech still exemplified by Brandenburg v. Ohio and the “national policy” test of Bob Jones University vs. United States. In doing so, we build on the critique of exemptions in the recent work of Vincent Phillip Munoz on religious liberty. By opting only for incentives and by not even incentivizing private institutions that continue to restrict civic engagement but that do not accept federal dollars, we affirm and support a mutually beneficial ongoing dialogue among public, private, and religious schools. This dialogue, as it is sharpened and maintained in place by our recommended policies, is also consistent with pluralism as conceptualized by Jacob Levy.
Full article
(This article belongs to the Special Issue Civic Engagement, Justice, and the Law in a National and International Context)
Open AccessArticle
Algorithmic Exploitation in Social Media Human Trafficking and Strategies for Regulation
by
Derek M. Moore
Laws 2024, 13(3), 31; https://doi.org/10.3390/laws13030031 - 20 May 2024
Abstract
Human trafficking thrives in the shadows, and the rise of social media has provided traffickers with a powerful and unregulated tool. This paper delves into how these criminals exploit online platforms to target and manipulate vulnerable populations. A thematic analysis of existing research
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Human trafficking thrives in the shadows, and the rise of social media has provided traffickers with a powerful and unregulated tool. This paper delves into how these criminals exploit online platforms to target and manipulate vulnerable populations. A thematic analysis of existing research explores the tactics used by traffickers on social media, revealing how algorithms can be manipulated to facilitate exploitation. Furthermore, the paper examines the limitations of current regulations in tackling this online threat. The research underscores the urgent need for collaboration between governments and researchers to combat algorithmic exploitation. By harnessing data analysis and machine learning, proactive strategies can be developed to disrupt trafficking networks and protect those most at risk.
Full article
(This article belongs to the Topic Emerging Technologies, Law and Policies)
Open AccessArticle
Law, Technology, and Our Governance Dilemma
by
Roger Brownsword
Laws 2024, 13(3), 30; https://doi.org/10.3390/laws13030030 - 10 May 2024
Abstract
This article highlights a dilemma that we face when we turn to new tools that promise to improve on law’s imperfect governance. On the one hand, our discontent with law’s governance is both broad and deep, and much of it is rooted in
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This article highlights a dilemma that we face when we turn to new tools that promise to improve on law’s imperfect governance. On the one hand, our discontent with law’s governance is both broad and deep, and much of it is rooted in the human nature of the legal enterprise. Yet, we remain attached to the essentially human nature of law’s governance. On the other hand, we recognise the potential benefits in technological governance but not without some displacement of the human element. Caught on the horns of this dilemma, we attempt to limit the loss of the human element by insisting that governance must be compatible with human rights or human dignity, or, more directly, that governance must limit the applications of technology so that they remain human-centric. Given a demand for human-centric applications of technologies, we consider how far humans might, and should, go in deploying new tools with a view to improving law’s imperfect governance. Should these tools be limited to assisting humans? Or, might they replace humans? Or might we even govern by technological management of places, products, and processes so that reliance on both humans and rules is reduced? It is concluded that, in all spheres of governance and in all human communities, the one thing that is essential is that the applications of new technologies are controlled so that they do not undermine the generic conditions which are presupposed by viable groups of human agents.
Full article
(This article belongs to the Special Issue Law and Emerging Technologies)
Open AccessArticle
Establishing Boundaries to Combat Tax Crimes in Indonesia
by
Dwi Nurferyanto and Yoshi Takahashi
Laws 2024, 13(3), 29; https://doi.org/10.3390/laws13030029 - 4 May 2024
Abstract
Enforcing criminal tax law in Indonesia presents a critical yet challenging task, because of the intricate interplay between tax and criminal law interests. The Indonesian Government has introduced leniency in tax criminal law enforcement, guided by the ultimum remedium principle, where criminal sanctions
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Enforcing criminal tax law in Indonesia presents a critical yet challenging task, because of the intricate interplay between tax and criminal law interests. The Indonesian Government has introduced leniency in tax criminal law enforcement, guided by the ultimum remedium principle, where criminal sanctions are considered as a last resort. Under this policy, tax offenders can absolve themselves from legal liability. However, such leniency throughout the enforcement process can lead to perceptions of injustice within society. This research uses descriptive, evaluative, and normative juridical methods to examine Indonesia’s approach to enforcing criminal tax laws within the framework of tax and legal interests. Our findings reveal that the current policies heavily favor taxpayer interests by providing numerous concessions to offenders. This trend is concerning, as it may result in a surge of tax crime cases. Conversely, adopting the primum remedium principle, where criminal sanctions are the initial response, poses the risk of harsh legal consequences. In light of these challenges, we propose a balanced approach incorporating elements of both ultimum and primum remedium principles to establish clear boundaries and provisions within criminal tax law enforcement policies. By doing so, we aim to accommodate tax interests while upholding legal interests.
Full article
(This article belongs to the Section Criminal Justice Issues)
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Open AccessArticle
The Challenge of Defining the Secular
by
Georgina Clarke and Renae Barker
Laws 2024, 13(3), 28; https://doi.org/10.3390/laws13030028 - 2 May 2024
Abstract
Judges have long wrestled with the gigantean task of defining religion, with some describing the task as being ‘called upon to ponder the imponderable’, an impossible task, and even misguided. Despite these sentiments, and comments in almost every legal definition expressing the impossibility
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Judges have long wrestled with the gigantean task of defining religion, with some describing the task as being ‘called upon to ponder the imponderable’, an impossible task, and even misguided. Despite these sentiments, and comments in almost every legal definition expressing the impossibility of the task, judges have, in fact, been able to come up with numerous legal definitions for religion. These have been applied in myriad circumstances to define the outer limits of the rights and responsibilities of states, religious communities, organisations, and individuals. By contrast, the term secular has rarely been judicially defined. However, it is no-less important in defining the rights and responsibilities of states and their citizens and residents, particularly in light of the number of states that claim, implicitly or explicitly, to be secular. This paper, therefore, (re)examines the definition of the secular as it pertains to the concept of the secular state. It considers the need for a legal definition of the secular with particular reference to constitutional and other legal instruments that include the term. It then examines the difference between the terms secular, secularisation and secularism, noting the often erroneous conflation as well as the inevitable interaction and overlap between these key concepts. Finally, drawing on existing classifications of legal definitions of religion, the paper classifies definitions of the secular into three overarching classifications, namely ‘historical’, ‘substantive’ and ‘characteristic’.
Full article
Open AccessArticle
The Danger of the Interpretation of Facts: Legal Uncertainty in the Spanish Saga Cases
by
Nataša Rajković
Laws 2024, 13(3), 27; https://doi.org/10.3390/laws13030027 - 28 Apr 2024
Abstract
Enhancing legal certainty is one of the main values that are sought in the investor–state dispute settlement system. The importance of legal certainty is strengthened in the case of renewable energy investments, which are in the global public interest, long-term and capital-intensive up-front.
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Enhancing legal certainty is one of the main values that are sought in the investor–state dispute settlement system. The importance of legal certainty is strengthened in the case of renewable energy investments, which are in the global public interest, long-term and capital-intensive up-front. The first part of the paper presents the importance of legal certainty in investment arbitration in general, its limits and its importance in the context of the green energy transition. In addition, it addresses the special features of renewable energy investments. The second part of the paper analyses from the perspective of legal certainty the Spanish renewable energy cases initiated under the Energy Charter Treaty (ECT), which deal with similar factual and legal issues. In this respect, the paper presents the varying weight tribunals gave to the important facts that led them further to conclude whether Spain breached the fair and equitable treatment standard, and if so, whether the investor was entitled to full compensation or a reasonable rate of return. In addition, it presents different approaches to perceiving the stability provision of Article 10 (1) of the ECT. The paper concludes that it remains uncertain to what extent RE investors will be protected under the ECT’s stability condition in the case of fundamental or small-scale changes. Although one group of arbitrators may argue that the fundamental change triggers per se a breach of a stability condition, others may argue that for the breach to be established, the host state’s measures must be arbitrary, unreasonable or discriminatory. Moreover, the threat to legal certainty might not only be the vague provisions of the ECT but also the significant discretion tribunals have towards the interpretation of facts, leading to different outcomes. Indeed, it is at the discretion of arbitrators to consider whether the timing of investment, presence of evidence indicating possible regulatory changes, and the reasonable rate of return prescribed in Spain’s domestic law will be relevant or irrelevant.
Full article
(This article belongs to the Special Issue The Climate Change International Investment and Trade Disputes: Legal and Political Implications)
Open AccessArticle
The Judicialisation of Parliamentary Privilege in Canada: A Cautionary Tale
by
Lorne Neudorf
Laws 2024, 13(3), 26; https://doi.org/10.3390/laws13030026 - 26 Apr 2024
Abstract
Over the past few decades, Canadian courts have exerted strong influence over the meaning and operation of parliamentary privileges. Starting with a television producer’s Charter rights claim to access a provincial legislature’s public gallery and followed by an employment law claim made by
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Over the past few decades, Canadian courts have exerted strong influence over the meaning and operation of parliamentary privileges. Starting with a television producer’s Charter rights claim to access a provincial legislature’s public gallery and followed by an employment law claim made by the chauffeur to the Speaker of the House of Commons, the Supreme Court of Canada has articulated an approach under which judges closely scrutinise privileges invoked by legislatures when defending themselves against litigated claims. By applying the doctrine of necessity, Canadian courts make authoritative rulings on what counts as a valid legislative function and the processes and activities needed to fulfil those functions. Canadian courts also require the scope of parliamentary privileges to be pleaded in narrow terms that correspond to the details of a plaintiff’s claim, which has resulted in a hollowed-out conception of privilege over time. In scrutinising the necessity and scope of privilege, Canadian courts have chipped away at the separation of powers. Further, the Canadian approach unjustifiably prioritises the judicial vindication of private rights over the institutional needs of the legislature. Courts in other jurisdictions should reject the Canadian approach and avoid scrutinising the propriety of the exercise of privilege through a necessity test. Instead, courts should engage in a more limited jurisdictional test to confirm the availability of a relevant category of parliamentary privilege in law or historical practice. Judicialising parliamentary privileges weakens the autonomy and vitality of legislative institutions, with the Canadian approach serving as a cautionary tale. Ultimately, the legislature is accountable to the electorate for the exercise of its privileges. To promote fairness and reduce the risk of court interference, parliaments should strengthen the accountability and transparency associated with the exercise of their privileges, including by developing guidelines for their appropriate use.
Full article
Open AccessArticle
Human and Divine Law at the Secular University: The Divide between Classical Liberalism and Post-Classical Liberalism
by
Owen Anderson
Laws 2024, 13(3), 25; https://doi.org/10.3390/laws13030025 - 24 Apr 2024
Abstract
The American university has been guided by classical liberalism in its defense of the freedom of speech and academic freedom. The idea is that a university is a place where all ideas and perspectives can be debated. However, this idea is increasingly being
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The American university has been guided by classical liberalism in its defense of the freedom of speech and academic freedom. The idea is that a university is a place where all ideas and perspectives can be debated. However, this idea is increasingly being challenged by those who want the secular university to be a place that advances a social philosophy that promises to transform society by dismantling structural racism and providing for greater equity. In this article, I will argue that both of these models have been shaped by democratic legal ideals and both share a common skeptical assumption about the basic questions of meaning that each person must answer. The legal structures developed by Westphalian modernity attempt neutrality on questions about meaning. This can be seen even in recent Supreme Court decisions affirming the individual’s right to determine meaning for themselves. This skeptical root has produced the conflict between classical liberals and the social transformation that we are witnessing at our universities. I argue for a third option that I find in the Declaration of Independence, which affirms that we can and should know the answers to basic questions which then provide the foundation for education and law.
Full article
(This article belongs to the Special Issue Civic Engagement, Justice, and the Law in a National and International Context)
Open AccessArticle
Reconciling International Climate Law and the Energy Charter Treaty through the Use of Integrative Interpretation in Arbitration
by
Eike Hinrichsen
Laws 2024, 13(2), 24; https://doi.org/10.3390/laws13020024 - 22 Apr 2024
Abstract
The conflicting objectives of the Energy Charter Treaty’s (ECT) protection of fossil fuel investments and climate change mitigation can reveal themselves in investor state dispute settlement (ISDS). As neither the modernization nor the termination of the ECT is likely, ECT arbitration will continue
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The conflicting objectives of the Energy Charter Treaty’s (ECT) protection of fossil fuel investments and climate change mitigation can reveal themselves in investor state dispute settlement (ISDS). As neither the modernization nor the termination of the ECT is likely, ECT arbitration will continue to exist. This article, therefore, examines the reconciling potential of integrative interpretation in climate relevant ECT arbitrations. An integrative interpretation is not only prescribed by the international rules of treaty interpretation, but can also be found in the practice of international dispute settlement. However, international climate law has not yet been taken into account by a single ECT tribunal. Although some hurdles and uncertainties remain in practice, examples of extraneous treaty use, as well as the reasoning of the judgments of recent climate litigation, show that ECT ISDS has the potential to reconcile climate change and energy investment interests in the future.
Full article
(This article belongs to the Special Issue The Climate Change International Investment and Trade Disputes: Legal and Political Implications)
Open AccessEssay
Influence of the Cultural Defence on Conduct and Culpability in South African Criminal Law
by
Jacques Matthee
Laws 2024, 13(2), 23; https://doi.org/10.3390/laws13020023 - 1 Apr 2024
Abstract
South African criminal law has no separate, distinct, or novel cultural defence. Such a defence could negate or mitigate an accused’s criminal liability for a culturally motivated crime. Whether South Africa’s criminal law could adopt such a defence requires understanding its influence on
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South African criminal law has no separate, distinct, or novel cultural defence. Such a defence could negate or mitigate an accused’s criminal liability for a culturally motivated crime. Whether South Africa’s criminal law could adopt such a defence requires understanding its influence on the requirements for criminal liability. This article evaluates the influence of the cultural defence on the elements of conduct and culpability. The first part deals with the cultural defence and voluntary conduct. The discussion then turns to culpability, which consists of criminal capacity and fault (mens rea). The third part considers the cultural defence’s influence on criminal capacity, while the fourth considers its influence on fault. More specifically, the article evaluates how the existing types of defence that can negate conduct and culpability in South Africa’s criminal law can accommodate arguments of an accused’s cultural background, values, and beliefs to determine whether there is a gap that only a separate, distinct, or novel cultural defence can fill. The article concludes that South Africa’s principles of conduct and culpability are already flexible enough to accommodate such arguments, obviating the need for introducing a separate, distinct, or novel cultural defence.
Full article
(This article belongs to the Section Criminal Justice Issues)
Open AccessArticle
The Invocation of the Precautionary Principle within the Investor–State Dispute Settlement Mechanism: Not Seizing the Occasion
by
Naimeh Masumy and Sara Hourani
Laws 2024, 13(2), 22; https://doi.org/10.3390/laws13020022 - 28 Mar 2024
Abstract
The principal purpose of this article is to demonstrate how the precautionary principle can be included in the investor–state dispute settlement (ISDS) deliberative process by providing a legal solution that would permit the invocation and implementation of this concept within the ISDS operational
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The principal purpose of this article is to demonstrate how the precautionary principle can be included in the investor–state dispute settlement (ISDS) deliberative process by providing a legal solution that would permit the invocation and implementation of this concept within the ISDS operational framework. The precautionary principle has been widely applied in the environmental management field, yet its role within the ISDS framework has remained relatively underutilised. To analyse this issue, this paper first explores the operational justification of the precautionary principle and how decision-makers should endorse it in order to fully recognise and address environmental concerns on a legal level. Next, the article proceeds to examine recent ISDS cases in which the precautionary principle was invoked and compares various risk assessment techniques to illustrate how it may be incorporated into the deliberative process and harmonised with other standards. The paper suggests that the forward-looking nature of the precautionary principle has paramount importance in disputes involving oil and gas, particularly in cases where oil and gas activities are believed to contribute to greenhouse gas emissions that could worsen global warming. This paper advances the argument that a wider application of the principle could better equip ISDS tribunals to address the limitations of scientific knowledge, especially under circumstances where significant or irreversible environmental damage may occur.
Full article
(This article belongs to the Special Issue The Climate Change International Investment and Trade Disputes: Legal and Political Implications)
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Open AccessArticle
Trashing the Tables: The Critical Legal Studies Symposium of the Stanford Law Review, Then and Now
by
Paul Baumgardner
Laws 2024, 13(2), 21; https://doi.org/10.3390/laws13020021 - 26 Mar 2024
Abstract
When the critical legal studies (CLS) movement emerged in the United States, many in the legal community were shocked by the movement’s radical calls to remake legal education. But the movement also presented bold criticisms of quantitative legal scholarship and calculation in law
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When the critical legal studies (CLS) movement emerged in the United States, many in the legal community were shocked by the movement’s radical calls to remake legal education. But the movement also presented bold criticisms of quantitative legal scholarship and calculation in law that have proven remarkably prophetic. This article resuscitates the CLS movement’s concerns over “scientific law” in one of the movement’s most canonical works: the Critical Legal Studies Symposium issue of the Stanford Law Review in 1984. Along the way, this article explores the scope and limits of CLS admonitions regarding quantitative research and legal problem solving for the present day.
Full article
(This article belongs to the Topic Emerging Technologies, Law and Policies)
Open AccessArticle
Implications of Law’s Response to Mitochondrial Donation
by
Karinne Ludlow
Laws 2024, 13(2), 20; https://doi.org/10.3390/laws13020020 - 25 Mar 2024
Abstract
Changes to Australian law in 2022 made Australia the second country to expressly permit the clinical use of mitochondrial donation (MD), a technology that makes heritable changes to the human genome. This paper considers these changes in the context of Australia’s broader controls
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Changes to Australian law in 2022 made Australia the second country to expressly permit the clinical use of mitochondrial donation (MD), a technology that makes heritable changes to the human genome. This paper considers these changes in the context of Australia’s broader controls on human embryo use to provide insights into future regulatory responses to other emerging genetic technologies, which could be used in reproduction.
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(This article belongs to the Special Issue Law and Emerging Technologies)
Open AccessArticle
Civic Thought and Leadership: A Higher Civics to Sustain American Constitutional Democracy
by
Paul O. Carrese
Laws 2024, 13(2), 19; https://doi.org/10.3390/laws13020019 - 25 Mar 2024
Abstract
Multiple civic crises facing American constitutional democracy—deepening political polarization and dysfunction, loss of confidence in major institutions and professions, and collapse of confidence in higher education—can be simultaneously redressed by restoring traditional civic education in universities and colleges. A nascent national reform in
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Multiple civic crises facing American constitutional democracy—deepening political polarization and dysfunction, loss of confidence in major institutions and professions, and collapse of confidence in higher education—can be simultaneously redressed by restoring traditional civic education in universities and colleges. A nascent national reform in public universities, establishing departments of civic thought and leadership, reintroduces a blend of classical liberal arts and American civic education. This restores a core mission of truth-seeking and Socratic debate to universities, while providing the higher civics needed to perpetuate the American legal and constitutional order through non-partisan, non-ideological preparation of thoughtful citizens and leaders with the necessary civic knowledge and civic virtues, including commitment to the rule of law and American constitutionalism.
Full article
(This article belongs to the Special Issue Civic Engagement, Justice, and the Law in a National and International Context)
Open AccessArticle
New Trends of Digital Justice: The Online Mediation—Between a Challenge and a Reality (The Portuguese Legal Framework)
by
Cátia Marques Cebola and Susana Sardinha Monteiro
Laws 2024, 13(2), 18; https://doi.org/10.3390/laws13020018 - 22 Mar 2024
Abstract
The Directive 2008/52/EU of the European Parliament and Council of 21 May 2008, regarding certain aspects of mediation in civil and commercial matters, does not seem to have been designed for online mediation since it does not expressly include rules in this regard,
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The Directive 2008/52/EU of the European Parliament and Council of 21 May 2008, regarding certain aspects of mediation in civil and commercial matters, does not seem to have been designed for online mediation since it does not expressly include rules in this regard, though it does not prohibit it either. The Portuguese legislator, through Law 29/2013, of 19 April 2013 regulated mediation in an autonomous and systematic way in Portugal, covering internal and cross-border conflicts, and went beyond the EU requirements prescribed by the 2008 Directive, which only specified regulation to cross-border conflict mediation. Like the EU Directive, the Portuguese law does not explicitly address online mediation, but it neither prohibits nor excludes its application. In this article, we intend to present and conceptualize online mediation within the scope of Online Dispute Resolution (ODR) procedures. We will present the specific features and principles of online mediation, thus enhancing the main challenges and potentialities of its use as an adequate means of resolving conflicts.
Full article
Open AccessViewpoint
Neurolaw: Revisiting Huberty v. McDonald’s through the Lens of Nutritional Criminology and Food Crime
by
Alan C. Logan, Jeffrey J. Nicholson, Stephen J. Schoenthaler and Susan L. Prescott
Laws 2024, 13(2), 17; https://doi.org/10.3390/laws13020017 - 21 Mar 2024
Cited by 1
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Recent studies have illuminated the potential harms associated with ultra-processed foods, including poor mental health, aggression, and antisocial behavior. At the same time, the human gut microbiome has emerged as an important contributor to cognition and behavior, disrupting concepts of the biopsychosocial ‘self’
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Recent studies have illuminated the potential harms associated with ultra-processed foods, including poor mental health, aggression, and antisocial behavior. At the same time, the human gut microbiome has emerged as an important contributor to cognition and behavior, disrupting concepts of the biopsychosocial ‘self’ and raising questions related to free will. Since the microbiome is undeniably connected to dietary patterns and components, the topics of nutrition and microbes are of heightened interest to neuroscience and psychiatry. Research spanning epidemiology, mechanistic bench science, and human intervention trials has brought legitimacy to nutritional criminology and the idea that nutrition is of relevance to the criminal justice system. The individual and community-level relationships between nutrition and behavior are also salient to torts and the relatively new field of food crime—that which examines the vast harms, including grand-scale non-communicable diseases and behavioral outcomes, caused by the manufacturers, distributors, and marketers of ultra-processed food products. Here in this essay, we will synthesize various strands of research, reflecting this emergent science, using a notable case that straddled both neurolaw and food crime, Huberty v. McDonald’s (1987). It is our contention that the legalome—microbiome and omics science applied in neurolaw and forensics—will play an increasing role in 21st-century courtroom discourse, policy, and decision-making.
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Open AccessReview
Recognising Religious Groups as Litigants: An International Law Perspective
by
Mark Fowler and Alex Deagon
Laws 2024, 13(2), 16; https://doi.org/10.3390/laws13020016 - 18 Mar 2024
Abstract
The Australian Human Rights Commission has claimed that recognising religious corporations as litigants in religious discrimination claims departs from international human rights law, which only protects the rights of natural legal persons. In this article we respond to that claim by arguing that
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The Australian Human Rights Commission has claimed that recognising religious corporations as litigants in religious discrimination claims departs from international human rights law, which only protects the rights of natural legal persons. In this article we respond to that claim by arguing that under international law, Australia should protect the ability of religious groups to be litigants, including corporations. The International Covenant on Civil and Political Rights requires Australia to respect and ensure individuals have the right to manifest their beliefs in community with others, and that such communities are protected against discrimination on religious grounds. This requirement entails granting religious groups the ability to pursue legal measures to preserve the enjoyment of these rights by their members.
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Open AccessReview
Narrative Review of Legal Aspects in the Integration of Simulation-Based Education into Medical and Healthcare Curricula
by
Andreta Slavinska, Karina Palkova, Evita Grigoroviča, Edgars Edelmers and Aigars Pētersons
Laws 2024, 13(2), 15; https://doi.org/10.3390/laws13020015 - 14 Mar 2024
Abstract
The quality of healthcare varies significantly from one country to another. This variation can be attributed to several factors, including the level of healthcare professionals’ professionalism, which is closely linked to the quality of their education. Medical and healthcare education is unique in
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The quality of healthcare varies significantly from one country to another. This variation can be attributed to several factors, including the level of healthcare professionals’ professionalism, which is closely linked to the quality of their education. Medical and healthcare education is unique in its need for students to learn and practice various clinical skills, algorithms, and behaviours for clinical situations. However, it is challenging to ensure these educational experiences do not compromise the quality of healthcare and patient safety. A simulation-based educational (SBE) approach offers a solution to these challenges. However, despite the widespread adoption of the SBE approach in medical and healthcare education curricula; its recognition for its high value among students, educators, and healthcare professionals; and evidence showing its positive impact on reducing risks to both patients and healthcare professionals, there is still an absence of a standardized approach and guidelines for integrating simulations, which includes determining when, how, and to what ex-tent they should be implemented. Currently, there is no regulation on the need for SBE integration in medical and healthcare curricula. However, the framework of this article, based on the results of the analysis of the legal framework, which includes a set of laws, regulations, principles, and standards set by various government, administrations, and authoritative institutions, will determine the fundamental aspects of the integration of the SBE approach that justify and argue the need to (1) incorporate simulation-based education across all levels of medical and healthcare education programs and (2) adhere to certain standards when integrating the SBE approach into medical and healthcare programs. This is an area that needs to be developed with the involvement of legal, health, and education experts.
Full article
(This article belongs to the Topic Emerging Technologies, Law and Policies)
Open AccessArticle
Deinstitutionalization as Reparative Justice: A Commentary on the Guidelines on Deinstitutionalization, including in Emergencies
by
Tina Minkowitz
Laws 2024, 13(2), 14; https://doi.org/10.3390/laws13020014 - 7 Mar 2024
Abstract
In this paper, I argue that the Committee on the Rights of Persons with Disabilities Guidelines on Deinstitutionalization, Including in Emergencies function as an instrument and template for reparative justice towards persons still in institutions and survivors of institutionalization. The Guidelines construct deinstitutionalization
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In this paper, I argue that the Committee on the Rights of Persons with Disabilities Guidelines on Deinstitutionalization, Including in Emergencies function as an instrument and template for reparative justice towards persons still in institutions and survivors of institutionalization. The Guidelines construct deinstitutionalization as a reparative process at both the systemic and individual levels, as well as calling for the creation of reparation and redress mechanisms. I examine the entire body of the Guidelines, highlight their reparative content, and point out where the text may fall short of this perspective and how the shortcomings might be remedied. This paper is grounded in the situation of psychiatric institutionalization and the concerns of people subjected to that system, emphasizing issues faced by this constituency and its human rights concerns for redress and legal and societal change. The issues addressed include the following: the strengthening of normative standards with regard to the abolition of psychiatric institutionalization and forced interventions and the obligation to immediately end these violations; a policy shift towards the de-medicalization of psychosocial disability; the implications of reparative justice in diminishing the role and authority of those that have operated institutions including the mental health system; the role of adult persons with disabilities as members of families and the role played by some family members in institutionalization; issues to be considered in designing reparations processes and mechanisms. Following some introductory remarks, this paper is structured to follow the outline of the Guidelines, quoting the text with interspersed comments and ending with a brief conclusion.
Full article
(This article belongs to the Special Issue New Horizons in Disability Law: Challenges and Opportunities for Persons with Disabilities in Post-pandemic World)
Open AccessArticle
Assessing the Legal Protection of Intangible Cultural Heritage in Saudi Arabia: A Critical Analysis in the Context of the 2003 UNESCO Convention
by
Fatimah Alshehaby
Laws 2024, 13(2), 13; https://doi.org/10.3390/laws13020013 - 1 Mar 2024
Abstract
Saudi Arabia boasts a diverse and abundant cultural heritage that reflects a fusion of pre-Islamic and Islamic civilizations, serving as a precious legacy for future generations. Confronted with the challenges arising from globalization and rapid development, preserving intangible cultural heritage has become increasingly
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Saudi Arabia boasts a diverse and abundant cultural heritage that reflects a fusion of pre-Islamic and Islamic civilizations, serving as a precious legacy for future generations. Confronted with the challenges arising from globalization and rapid development, preserving intangible cultural heritage has become increasingly challenging, particularly in the absence of comprehensive heritage policies. The initial steps toward conservation were taken in 1972 when legislation was enacted to protect historical and cultural sites. However, it was not until 2014 that a new law was introduced to address the gaps left by the 1972 law. Unfortunately, this legal protection predominantly centered on tangible aspects of cultural heritage, leaving the equally important intangible cultural heritage neglected and unprotected. This study aims to evaluate the existing legal mechanisms in Saudi Arabia for the preservation and protection of intangible cultural heritage. It identifies the existing deficiencies and obstacles in the current cultural heritage framework regarding the preservation of intangible cultural heritage in Saudi Arabia. Our analysis focuses on how Saudi Arabia aligns with the principles and guidelines established by the 2003 UNESCO Convention for the Safeguarding of Intangible Cultural Heritage.
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Cannabis Legalization in the United States: Public Policy, Social Welfare, and Public Health Implications
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Migration and Human Rights in the Age of the Global Compacts
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Topic Editors: Esther Salmerón-Manzano, Francisco Manzano AgugliaroDeadline: 30 September 2024
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The Role of Forensic Psychology in Police, Clinical and Investigative Areas
Topic Editors: Raúl Quevedo-Blasco, Amparo Díaz-RománDeadline: 31 March 2025
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Policing, Crime Control and Prevention: Current Applications and Innovations
Guest Editor: Jamie SnyderDeadline: 1 June 2024
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Hannah Arendt's Constitutionalism
Guest Editors: Roger Berkowitz, Shmuel LedermanDeadline: 30 June 2024
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Stakeholder Perspectives on Law and Finance: Can or Should Corporate Law and Securities Regulation Address Broader Social Challenges?
Guest Editor: Laura N. BenyDeadline: 31 July 2024
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Criminal Liability and Global Compliance
Guest Editor: Mohamed A. 'ArafaDeadline: 15 August 2024