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The article is devoted to the analysis of theoretical approaches and judicial practice of vindicatio defense of rights to land plots. Reforming social relations requires periodic rethinking of legal categories and the practice of their application. Therefore, periodic comparison of scientific positions in the field of land rights defense with judicial practice in this field is extremely necessary. The research is focused on highlighting the issues of correlation of vindicatio defense with other remedies of defense: restitution, condictio, recognition of land rights, recognition of acts of public authorities as invalid, negatorio method of defense, etc. A special feature and problem of the defense of rights to land is the correctness of choosing a vindicatio or negatorio defense, since modern judicial practice has made its corrections in this matter. In this vein, the article pays special attention to defense in case of arbitrary occupation of land. The only form of defense in case of arbitrary occupation of lan d plots, which is directly indicated in the legislation, is a judicial one. At the same time, the remedy of defense is not specified in the law, which created a scientific discussion on this matter outlined in the article. Taking into account the systematic conclusions of judicial practice regarding the cases of choosing vindicatio or negatorio defense, arbitrary occupation of a land plot is an indirect temporary illegal possession. In the case of violations of legal ownership by such a temporary illegal owner of a plot of land, both the owner and the temporary legal user must apply negatorio defense. Summing up, we can conclude that modern judicial practice has mainly determined the ways of defensing land rights. In not all cases, such approaches are supported by legal science. But at the same time, it brings some certainty to the regulation of land relations and creates a relatively stable basis for the defense of land rights. [ABSTRACT FROM AUTHOR]

The article is devoted to current issues of civil law, as well as Roman private law in Ukraine. The purpose of the article is to trace the influence of Roman private law on the development of civil law. In the course of the research, a number of general scientific and special methods of cognition were used, including: historical, dialectical, comparative-legal, logical analysis, formal-legal and other methods. Our legal culture has received Roman law, which became the basis for civil law and is still reflected in modern Ukrainian legislation. In the course of the study, it was established that the Civil Code of Ukraine contains articles that are evidence of both direct and indirect reception. Direct reception occurs when the ideas and provisions of Roman private law are transmitted directly from the primary sources of Ancient Roman law. Indirect (derivative) reception occurred when Roman legal ideas and legal solutions were borrowed not directly from primary sources, but through those legal systems where reception had occurred earlier. That is, indirect reception is the perception of the law of other states where this process has already taken place, and not directly through the primary source. We can affirm the successful reception of Roman law in Ukraine through the basic principles of law, moral and social values, which became the basis of the legal provisions of Roman law and the achievements of human social culture. Therefore, the achievements of Roman law are not only in the formation of civil law in Ukraine, but also in the ability to expand legal thinking and respect for law as a value and the main achievement of society. It can be unequivocally stated that civil law, being part of the Romano-Germanic legal system, is a reproduction of Roman private law, which on the one hand, through centuries-old transformation, has acquired a corresponding theoretical content and remains unchanged and relevant to this day. The conclusions obtained during the study of the influence of Roman private law on the development of civil law as a whole develop both the theory of civil law and the philosophy of law and serve as a subject for further research on the genesis of civil law institutions, the origin and essence of most legal norms in Ukrainian civil law. [ABSTRACT FROM AUTHOR]

The article explores the role of the theory of «rules of recognition» by Oxford professor H.L.A. Hart in the contemporary theory of Anglo-American legal positivism, introduced by him in his central work «The Concept of Law» (1961), which has a significant influence on contemporary legal theory and philosophy. The authors reveal the content and meaning of the concept of «rules of recognition» as part of the secondary rules-«rules about rules» or «procedural rules» which determine the criteria for the validity of law along with the «rules of change» and the «rules of adjudication» in H.L.A. Hart’s terminology. The authors demonstrate the correlation with the «Grundnorm» of German legal philosophter H. Kelsen, which is more common in the Ukrainian legal theory, and which justifies the existence of constitutional norms as fundamental ones which determine the recognition of law by society and its individuals. The authors analyze the main positions of H.L.A. Hart’s followers-J. Raz, M. Kramer, B. Bix, S. Shapiro and others-regarding this theory and highlights the criticism of its individual provisions. The authors highlight how H.L.A. Hart tried to explain by the «rules of recognition» how law at the fundamental level is a matter of social convention (agreement between people inside the inhabited society), defending one of the components of legal positivism-the thesis of social fact (social sources of law thesis). The authors examine the interdependence between law and coercion by the State, the role of social practice in society’s subordination to law, the role of moral norms in the formation of law, in particular, the «rule of recognition», the correlation between the concepts of «rule of recognition» and «legal validity», and the problem of law enforcement by judges and governmental officials of the «rule of recognition». The authors summarize how H.L.A. Hart eliminates morality from the content of law in motivating judges and governmental officials to apply the rules of law, clarifies the position of legal positivism on the issue of the grounds for society’s submission to law, and demonstrates how the «empirical» theory of recognition prevails over the «analytical» theory, using R. Alexy terminology. [ABSTRACT FROM AUTHOR]

The famous German legal philosopher G. Radbruch has gone through a complex scientific path which influenced both his worldview and methodological foundations of the concepts proposed by him. The study traces the evolution of Radbruch's philosophy of law, which was formed under the influence of representatives of neo-Kantianism, in particular G. Simmel, H. Rickert, E. Lask and the school of «free law" -- G. Kantorovich, as well as historical events -- the domination of Nazism in Germany. The authors reveal the peculiarities of G. Radbruch's methodology; his position is based on the neo-Kantian methodology of distinguishing between "what is" and "what ought to be", on the methodology of the philosophy of values and the principle that it is logically impossible from what is to derive what is valuable, what is right, what ought to be. G. Radbruch viewed law as a cultural phenomenon, a value fact that differs from other normative systems by a special value that is important for the realization of justice. The law as a phenomenon has a positive form ( statute, custom, international agreement) and social significance (regulates human behaviour and relations). But law also has a normative character (it is an evaluation and a requirement for reality), it also has a social purpose (which is to achieve the public good), it has an individual purpose (which is to realise and ensure human rights) and a nature of universality, and therefore equality and it should embody justice. The authors examine the wellknown and fundamental concept of the "idea of law" which is fundamental to Radbruch's philosophy and consists of three elements: justice, expediency (sustability), and legal certainty. The idea of law is an essential requirement for positive law; it legitimizes it, makes it "correct law" and "lawfull law (statute)". Legislation that does not embody the idea of law essentially loses its legal nature. Justice is the formal equal treatment of equals and unequal treatment of unequals. Legal certainty reflects the social and individual purpose of law and justifies human freedom, equality and uniqueness on the basis of human value. Expediency (sustability) is the clarity, certainty, and comprehensibility of the law and should be understood as a basis for ensuring justice. G. Radbruch's concept of the "idea of law" is essentially a modern theory of the legitimation of positive law . [ABSTRACT FROM AUTHOR]

The recognition of the right to a healthy environment as an autonomous and justiciable right in Advisory Opinion OC‐23/17 represents the turning point of the Inter‐American Court of Human Rights towards the adoption of an ecocentric approach. This article examines how the interpretation of the right to a healthy environment suggests the acknowledgement of Nature as a holder of rights under the American Convention on Human Rights. First, it analyses how the Inter‐American Court has addressed environmental protection in its jurisprudence, through procedural and substantive rights. Second, it studies the ecocentric interpretation of the right to a healthy environment in the Advisory Opinion OC‐23/17 and in the case La Oroya v Peru. Lastly, it explores what are the consequences of understanding Nature as a holder of rights for the complaint procedure before the Inter‐American Court. [ABSTRACT FROM AUTHOR]

This paper introduces a new perspective on analysing courtroom insincerity by focusing on questions asked by lawyers in the Malawi criminal justice system. The study aimed at examining the linguistic tools of tracing insincerity in lawyers' questions; the varying degrees of insincerity in defence and prosecution lawyers and their rationale for making such choices. The study argues that courtroom setting is a war zone where different parties have divergent goals. Such encounters are much likely to yield higher chances of insincerity, which can be manifested in the questions lawyers ask. The analysis is based on data from four criminal cases, which were collected from the High Court of Malawi. My framework of analysing insincerity in questions examines the prescribed degrees of control that questions exert on the witnesses in relation to their productiveness. The findings indicate that, when examining witnesses, prosecutors exercise less insincerity while defence lawyers opt for questions with high insincerity. These imbalances in language use are enshrined in and supported by law in its statutes. The findings of this study have jurisprudential implications, especially in Africa which is internationally less represented in the studies of language and law. [ABSTRACT FROM AUTHOR]

Self‐induced extreme intoxication akin to automatism (SIEA) is a complicated and controversial legal concept resistant to jurisdictional consensus. In the United States, SIEA has, at times, been considered under the concept of "settled insanity.". In the United Kingdom, the defense may be allowed for specific intent crimes, though the defendant's awareness of the foreseeability of risk is addressed at trial. In Canada, recent jurisprudence has led to legal and practice landscape changes related to self‐induced extreme intoxication. Here, we provide an overview of automatism and an update on the Canadian perspective with a review of the facts and an analysis of the Supreme Court of Canada's landmark decision in R v. Brown, where the court permitted the SIEA defense to be utilized for general intent crimes and acquitted Matthew Winston Brown, a 26‐year‐old male with no history of mental illness, with respect to two counts of "break and enter" and one count of "aggravated assault." We review the social and legislative response to the changing case law as well as related implications for expert testimony, which may be provided by forensic mental health professionals. Given the judicial and legal implications of the recent changes for both perpetrators and victims of violent crime and given the dynamic international landscape on extreme intoxication in criminal law, the review is thought to be of interest to a broad category of stakeholders including policymakers and those working in forensic psychiatry and law. [ABSTRACT FROM AUTHOR]

Scholarly analyses of Catharine MacKinnon's influence on US jurisprudence regarding sexual harassment focus almost exclusively on Title VII law. Little attention has been paid to Title IX and Alexander v. Yale, wherein lawyers for the plaintiffs used her theories to argue—successfully—a bold claim: that sexual harassment within educational institutions was sex discrimination, and thus violated Title IX. Moreover, little scholarly work on MacKinnon's influence is substantiated by a close reading of court documents. In this article, I address these gaps by pairing an examination of documents from Alexander v. Yale with an explication of the philosophical distinctiveness of MacKinnon's theories regarding sexual harassment to argue that her theories played a substantial role in this legal victory. Contextualising the legal documents and MacKinnon's writings within a consideration of the origins of Title IX allows for a renewed and more firmly established understanding of her substantial contribution to US jurisprudence. [ABSTRACT FROM AUTHOR]

Following the Supreme Court’s decision to eliminate the right to abortion in Dobbs v. Jackson Women’s Health Organization, Title IX stands as a potentially powerful statutory bulwark against further erosions of sex and gender equality rights. Title IX’s purpose is to protect against and eradicate sex discrimination of all forms, including sexual harassment, in education. Yet, it rarely fulfills this purpose. Although the Supreme Court has said that sexual harassment is a form of sex discrimination proscribed by Title IX, it has failed to define sexual harassment or provide more than the barest of guidance on how severe it must be to qualify for Title IX’s protection. The lower courts have consequently filled those gaps, and they have done so reductively. Their evaluations regularly exclude all but the most extreme forms of sexual harassment from Title IX’s protection. They thus leave much of the sexual harassment that students suffer in school unchecked by the law designed to expunge it. Further, these reductive evaluations of students’ Title IX sexual harassment claims have three significant signaling effects. First, with these decisions, courts signal that much of the sexual harassment that occurs in school is acceptable, or the norm. Second, courts signal that schools can teach this sexual harassment norm through what sociologists call the hidden curriculum. Third, courts signal that this sexual harassment norm can pervade democratic and social structures. With these decisions, then, the lower courts do not just allow sexual harassment to occur unabated in school, but they also effectively reinforce it in schools and more broadly. To reinvigorate Title IX’s purpose, this Article proposes a comprehensive definition of sexual harassment for courts to use in assessing Title IX sexual harassment claims. It also recommends a test for determining the severity of sexual harassment as well as a framework for applying that test that centers students’ experiences of sexual harassment. Together, these reforms would require courts to recognize more sexual harassment under Title IX and therefore restore its power to eliminate sexual harassment in schools. [ABSTRACT FROM AUTHOR]

Current doctrine justifies many government searches, interrogations, and deprivations of liberty on the ground that the target of the action "voluntarily" agreed to it or waived applicable rights. The standard critiques of this doctrine--that these choices are often or always coerced, the result of an unconstitutional condition, or inherently shaped by race, gender, and class--have usually been given short shrift by the courts, leading one of us to question whether the practice of using consent and waiver to deprive someone of basic rights and liberties should be abolished. In the meantime, we jointly wondered if there is a more immediate "minimalist" path forward, drawing on the Supreme Court's own jurisprudence. This article takes the position that in many situations the voluntariness of a person's choice need not be an issue, because the option the government proffers to that person is legally illegitimate. Specifically, the "illegitimate choice" test we propose would make concerns about the validity of a person's choice legally irrelevant in three situations: (1) when Supreme Court caselaw, properly construed, has made it so; (2) when the benefit the government offers is premised on acceptance of a condition that is not narrowly tailored to a compelling interest; or (3) when the benefit the government offers is itself unconstitutional. This approach would call into question searches based on the third-party doctrine, promises of leniency during interrogations, many types of pretrial and post-conviction dispositional conditions, certain waivers associated with plea bargaining, some types of special needs searches, and consent searches conducted in the absence of suspicion. In all of these situations, the illegitimate choice test would avoid difficulties with determining whether a choice is coerced or voluntary, while still maintaining consent as a viable option at other criminal justice decision-points. [ABSTRACT FROM AUTHOR]

Sustainable professional integrity is the pivoting factor for maintaining the expected ethical standard of a profession. Whereas privacy of a user becomes vulnerable due to the digital transactions performed on the web. To this end, we propose a distributed framework, Jurisprudence, that preserves a user's privacy by preventing concurrent active sessions. The proposed model enables online transactions using one-time password (BLOCK-OTP) based blockchain multi-factor authentication. It encapsulates the users details and preserves the privacy of the user by preventing the invocation of concurrent transaction sessions. We deployed the system into the Ethereum test blockchain environment and tested the framework. We envisage our model to be suitable for the detection of fraudulent and malicious activities in near future. [ABSTRACT FROM AUTHOR]

‘Reading Weber’s Sociology of Law’ is a review essay of Hubert Treiber’s Reading Max Weber’s Sociology of Law. It is an exploration and evaluation of Treiber’s splendid analysis of Weber’s legal philosophy. Treiber addresses the question of the dating of Weber’s manuscripts on the sociology of law and he clarifies Weber’s four stages in the development of the law and legal practices. This review essay concludes with a comparison between Treiber’s book and those by Werner Gephart and by Michel Coutu. The assessment is that Treiber’s book is an indispensable companion to the understanding of Max Weber’s sociology of law. [ABSTRACT FROM AUTHOR]

One of the most important issues in the field of jurisprudence and family law, with a significant impact on the balance and mental health of family members, is the issue of couples’ sexual rights. One of the most essential aspects of sexual rights is enjoyment and compliance, which are covered in jurisprudence and law. The fulfillment of this issue among couples could have a significant impact on their mental health and the stability of the family foundation. The present study was fundamentally investigated using a qualitative approach based on jurisprudential, legal, and psychological documents. Exercising the right to obey and enjoy has been stated in significant legal examples such as religious acts, non-religious activities due to the presence of the wife in the society, leaving the house, or leaving the country, etc., which are important in the context of the family. The findings of the research indicated that the application of each of the mentioned examples and titles in the formulation of a healthy marriage, as well as the application of balance and limitation of each of its elements, are the most important spiritual effects to play an effective role in mental health (such as: creating mental peace due to satisfaction of the couples, providing empathy, providing adaptations based on persuasion of the spiritual needs of couples, etc.). One of the most essential and influential issues in the couples’ mental health is the spiritual satisfaction resulting from marriage, and the proper application of the rights of enjoyment, compliance, or conditions will have significant consequences. [ABSTRACT FROM AUTHOR]

Justice Clarence Thomas, dissenting in Murr v. Wisconsin, suggested the Supreme Court take a "fresh look" at its regulatory takings jurisprudence and see "whether it can be grounded in the original public meaning of the Takings Clause." He repeated this request in Bridge Aina Le'A, LLC v. Hawaii Land Use Commission, but also sharply criticized the existing takings analysis developed in Penn Central Transportation Co. v. City of New York, stating: "If there is no such thing as a regulatory taking, we should say so. And if there is, we should make clear when one occurs." This article responds to Justice Thomas and contends that the original and current public meaning of the term "property" as used in the Takings Clause is a group of rights, the most essential being the right to possess, the right to exclude others, the right to alienate, and, most saliently, the right to beneficial use. Contrary to assertions by the Court and commentators that the Takings Clause was originally limited to direct appropriations or physical takings of property, many early 19th century cases found takings based on destruction of the right of beneficial use, cases that today we call regulatory takings. The development of takings jurisprudence leading to the 1922 decision by Justice Holmes in Pennsylvania Coal Company v. Mahon is based on protection of these rights. This Article focuses on the essential rights that define property and thereby exposes the flaw of Penn Central which bases a taking on diminution in value, rather than substantial interference with a property right. Drawing on the original public meaning and early takings jurisprudence, as well as recent precedent in Lingle v. Chevron USA and Cedar Point Nursery v. Hassid, this article proposes a takings framework based on formal or functional transfer of rights, rather than diminution in value. [ABSTRACT FROM AUTHOR]

The article "Legislation and environmental jurisprudence" published in Environmental Legal News in October 2024 compiles information on various legal aspects and environmental policies in different regions of Spain. Topics such as climate change, environmental law, and jurisprudence in different autonomous communities are addressed. Studies on environmental criminal jurisprudence and the rights of future generations are also mentioned. [Extracted from the article]

This Note responds to the dominant critique of today's arbitration doctrine--the access-to-justice critique--and articulates a novel intervention from the perspective of political economy. By developing a new periodization of the Supreme Court's arbitration jurisprudence, the Note categorizes and recounts the normative positions on arbitration law that predominate in the literature. This Note identifies a gap in existing critiques and borrows from critical analyses of antitrust to contend that arbitration law suppresses the coordination rights of the market's small players--workers, consumers, contractors, and small merchants--to the benefit of large players like corporations. This suppression facilitates the kinds of economic production and corporate organization that characterize gig-economy firms. Evaluating arbitration law through this lens provides a novel application of, and further develops, the insights of law and political economy, ultimately suggesting reform pathways that might retrench mandatory arbitration. [ABSTRACT FROM AUTHOR]

This article presents a critical analysis of whether South African courts employ established theoretical concepts to delineate the boundaries between custom and customary law. To facilitate a comprehensive understanding, the article begins by providing an overview of the South African legal system, laying the groundwork for the subsequent discussion. The article then delves into prominent theories that address the differentiation between custom and customary law, providing a succinct summary of each. Finally, the article examines the degree to which these theories have been embraced by the courts. Notably, the article uncovers the courts' emphasis on factors such as certainty and the protection of human rights when deciding whether to apply customary law, rather than relying solely on the distinction between custom and customary law. [ABSTRACT FROM AUTHOR]

Far beyond the contributions of African and western thought on the right to freedom of expression, there are now normative developments under international human rights law on how states can protect online expression. However, these developments are not applied in African countries. A reason for this is the extant provisions in various laws that threaten online expression. This article applies postcolonial legal theory to understand why and how these provisions threaten online expression in African countries. It identifies relevant thoughts on the right to freedom of expression, normative developments on the right and a new form of digital colonialism in Africa. It concludes that for African states and other actors to combat this new form of digital colonialism head-on, they must carry out targeted legal reform that repeals and amends these provisions. [ABSTRACT FROM AUTHOR]

The article analyzes prior Clean Water Act (CWA) of 1972 jurisprudence to construct a test that remains true to the U.S. Congress's purpose in originally including "adjacent" wetlands and recognizes the scientific understanding of wetlands' relation to and impact on waters. Topics include overview of the CWA legislation and its application in courts, analysis of the Supreme Court's decision in the Sackett v. EPA lawsuit and criticisms surrounding the overreach of the CWA.

This paper discusses how Ps 40 reflects a widely attested and complex discourse on how legalities relate to the human self—a discourse involving matters such as law's relation to human flourishing and perfectibility (e.g., Deut 30:6–14; Jer 31:31–34; Ps 19; Wis 6 and 9; Philo; for others views of perfectibility, cf. Gen 6:5; 8:21; Qoh 9:3). Psalm 40 combines praise and lament, with divine law as a key factor in this liturgical text's logic. After clarifying literary-historical and form-critical issues in studies of Ps 40, it will be argued that whether or not there is a literary relationship to Jer 31, these texts display divergent logic on law's relationship to human flourishing. The paper contributes to scholarly understanding of legal discourse and lament in Jewish antiquity. [ABSTRACT FROM AUTHOR]

What should judges do when faced with immoral laws? Should they apply them without exception, since "the law is the law?" Or can exceptions be made for grossly immoral laws, such as historically, Nazi law? Surveying laypeople (N = 167) and people with some legal training (N = 141) on these matters, we find a surprisingly strong, monotonic relationship between people's subjective moral evaluation of laws and their judgments that these laws should be applied in concrete cases. This tendency is most pronounced among individuals who endorse natural law (i.e., the legal‐philosophical view that immoral laws are not valid laws at all), and is attenuated when disagreement about the moral status of a law is considered reasonable. The relationship is equally strong for laypeople and for those with legal training. We situate our findings within the broader context of morality's influence on legal reasoning that experimental jurisprudence has uncovered in recent years, and consider normative implications. [ABSTRACT FROM AUTHOR]

This article identifies some situations of linguistic ambiguities and how general logic tries to solve them and it analyzes the influence it can have in particular situations. Since the topic is vast, we stopped at the ambiguities of language caused by identity. First, the attempt to solve the problem was the enunciation of the laws of logic, namely the principle of identity, and we followed its limits. There are analyzed three aspects emphasizing the degree of remaining ambiguity: the relationship between intension and extension, vague terms, and symbolical-metaphorical thinking. Each of the examples given accentuated the limits of classical logic in the face of the natural language ambiguity problems. Ambiguous situations do not only have effects on logical or communicative levels; we also showed the impact on the fields of psycho-social interventions: therapy, counseling, and education. [ABSTRACT FROM AUTHOR]

Modern jurisprudence consistently treats the U.S. military as legally distinct, imposing different standards for service members’ constitutional rights, Federal Tort Claims Act lawsuits, and Title VII protections than it does for their civilian counterparts. The legal foundation for this treatment relies in large part on the constitutional military structure, which empowers Congress to prescribe rules and regulations for the “land and naval Forces” and exercise extensive power over “armies.” Usually, both entities—armies and the larger “land and naval Forces”—are considered synonymous with the modern-day all-volunteer force (“AVF”). This interpretation, though, neglects the foundational role the constitutional militia played in composing the larger armed forces. This Note proposes that the “land and naval Forces” is best understood as including both armies and militias, together creating the military as a whole. It advances this proposition through a close analysis of the text and history of the Army and Militia Clauses-a project that has not yet been undertaken with an eye toward service members’ rights. The evidence from this inquiry indicates the militia establishment was part of a deliberate effort to keep the armed forces integrated with the larger political community. As a result, this Note advances a constitutional reading that reengages with the principles behind the Founding-era militia system. In doing so, it questions modern judicial doctrines that leave military personnel legally siloed off from the general U.S. citizenry and advocates for more robust protection of service members’ rights. [ABSTRACT FROM AUTHOR]

Ownership has been a core research theme in parts of media and communication science since its establishment as a distinct research field. In particular, scholars in the field of political economy of the media, media sociology and media industry studies typically pay close attention to the role ownership has on various media and communication processes. In this article, we argue, however, that media ownership has been treated largely as a black box ignoring the inner workings and dynamics of it. Filling this void, we reach out to research on ownership from the field of political economy, sociology as well as social and legal philosophy to discuss two options to conceptually grasp the 'inner workings of property'. To showcase the importance of this conceptual redefinition, the article discusses the implications of unpacking property in the realm of digital capitalism. [ABSTRACT FROM AUTHOR]

Do inconsistent laws, which are in the form of inconsistent legal obligations, provide us with good reasons for accepting the possibility of legal gluts, which are true legal statements whose negations are also true? Given the contingencies of the law, it is unlikely that many will deny the possibility of inconsistent legal obligations, but it remains an ongoing debate whether these lead to any legal gluts. In a recent debate, Graham Priest [Priest, G. 2006. In 'Contradiction'. In First printed by Martinus Nijhoff in 1987. 2nd ed. Oxford: Oxford University Press; Priest, G. 2017. 'Where Laws Conflict: An Application of the Method of Chunk and Permeate'. In Law and the New Logics, edited by H. Glenn, and L. Smith, 168–180. Cambridge: Cambridge University Press] has argued from inconsistent obligations to legal gluts and JC Beall [Beall, JC 2017. 'On inconsistent laws and gluts'. In Law and the New Logics, edited by H. Glenn, and L. Smith, 199–207. Cambridge: Cambridge University Press.], while he has acknowledged that there are inconsistent obligations, has argued against Priest's arguments for legal gluts. In this paper, after reviewing the debate, I adjudicate it and provide reasons for resisting Beall's arguments again Priest thereby providing a possibility for legal gluts. [ABSTRACT FROM AUTHOR]

In the past two decades, there has been an exponential rise in the use of technology for commission of crimes. In certain scenarios, investigation of such crimes call for inspections of an accused's personal electronic devices. In India, there is no law regulating the field of search and seizure of electronic devices in a criminal investigation. Only recently, Virendra Khanna v State of Karnataka laid down certain guidelines in this regard. Furthermore, on multiple occasions, the Indian Courts have relied on the US jurisprudence on the matter. Due to a well-developed jurisprudence in the USA on this subject, the authors have chosen to do a comparative study between the two countries. This paper seeks to examine how these two major democracies balance the right to privacy against the need to unearth information for better investigation. While analysing the lack of a well-rounded law on the matter, this paper also analyses the provisions in the Digital Personal Data Protection Act 2023 and the Bharatiya Nagarik Suraksha Sanhita Bill 2023 and highlights the missed opportunities to frame guidelines on the issue of search and seizure of electronic device. Section II of the paper introduces the readers to the law on electronic search and seizure in the USA. Section III examines the Indian position. It discusses the law as it was pre- Virendra Khanna, then goes into the law laid down by the Karnataka High Court in Virendra Khanna and critically analyses the same. It also looks at the progress made in the field through other legislation. Section IV deals with a comparative analysis of the USA and Indian law on the subject and section V provides mechanisms and ways in which the current law can be modified to deal with some of the inadequacies of the matter. [ABSTRACT FROM AUTHOR]

Without doubt the U.S. Supreme Court in the twenty-first century has been obsessed with the problem of corporate attorneys' inclusion of class action waivers in arbitration agreements. This article traces the emergence of the class action waiver issue, which developed in tandem with the plaintiffs' embrace and proliferation of class action litigation at the end of the twentieth century. The discussion comments on plaintiffs' initial attempts to request and secure class arbitration where the arbitration clauses were silent, culminating in Supreme Court's opinion permitting arbitrators to determine this issue. With the Court opening the door to possible classwide arbitration, corporate lawyers regrouped to rethink the wording of their mandatory arbitration agreements, to specifically prohibit classwide arbitration. These corporate elforts and the successive redrafting of arbitration agreements prompted a series of class action waiver appeals to the Supreme Court, with the Court construing ever changing class action waiver formulations. Since 2010, the Court has decided eight class action appeals dealing with issues relating to class action waivers in arbitration agreements. The article analyzes the Court's series of decisions relating to class action waiver provisions, focusing on the Court's consistent repudiation of classwide arbitration as antithetical to the original concept of bilateral arbitration. The article observes that despite the Court's clear rejection of almost all class action waiver provisions, plaintiffs' attorneys regroup and repeatedly seek classwide arbitration by state legislative initiatives and construing arbitration agreements within the contours of the Court's evolving class waiver jurisprudence. The article concludes with observations about class arbitration in other countries, and the implications of class action waivers for European Union countries that have recently implemented class action and collective redress procedures. [ABSTRACT FROM AUTHOR]

The article presents the discussion on new editor's transition into their role at the journal Ethics, expressing gratitude for the previous editors and outlining their focus on maintaining the journal's high standards. Topics include the plan to reduce submission review times, the commitment to a fair and efficient review process; and an invitation for diverse submissions in moral, social, political, and legal philosophy.

This Article exposes the flaws of the Supreme Court's historical analogue test established in Bruen. It details how modern Second Amendment jurisprudence evolved to a tenuous position through Heller and McDonald where the Supreme Court seemingly acknowledged the applicability of means-end scrutiny to the Second Amendment, before the Supreme Court more recently repudiated its use in Bruen in lieu of an inherently flimsy history-only standard that fails to account for modern societal issues. This approach not only severely undermines modern gun regulations--unanimously upheld as constitutional pre-Bruen--but it elevates the Second Amendment to a special status unlike other constitutional amendments. This is not sustainable. The precise problem with Bruen's test is playing out before the Supreme Court in Rahimi as the Defendant has levied a facial challenge to his conviction under 18 U.S.C. § 922(g)(8) after he was prohibited from possessing a firearm while he was the subject of a domestic violence protective order. If the Bruen test is true to form, the Court will likely struggle to find a historical analogue at the founding era--as required to uphold the statute--because domestic violence was not widely prosecuted in 1791. Nonetheless, even if it was prosecuted, it did not result in the disarmament of the perpetrator. This succinctly demonstrates a clear issue with the historical analogue test in Bruen which would wrongfully lead to increased bodily harm and violent crimes if § 922(g)(8) is held unconstitutional. The best decision the Court could make would be to return to a two-step approach for evaluating the Second Amendment where both history and means-end scrutiny apply. However, it is unlikely the Supreme Court reverses course on Bruen's test less than two years after its implementation. Nonetheless, the Court can instead resolve this issue by turning to the United States' history and tradition of disarming individuals believed to be dangerous. Although this approach is not without flaws, it allows the Court to easily resolve Rahimi in upholding § 922(g)(8) as constitutional without searching for a non-existent, relevantly similar historical analogue. In sum, this Article argues the Second Amendment deserves dutiful protection, but it cannot be elevated to a special status beyond what other constitutional amendments are afforded. Simply put, neither history nor means-end scrutiny alone are a sufficient guide to evaluating the Constitution. Instead, pairing the two--as seen with the Court's evaluation of most constitutional amendments--is the appropriate remedy. The Supreme Court backed itself into a corner with the Bruen test, and Rahimi now affords it the opportunity to reverse course, reframe Second Amendment jurisprudence to a focus on an individual's dangerousness, or strike down § 922(g)(8)'s protection of domestic violence victims. The first outcome makes the most sense, and the second solution is most likely, but the third outcome would further undermine necessary protections. [ABSTRACT FROM AUTHOR]

The article discusses patent subject matter eligibility and proposed legislation to reform the current law in the U.S. as of 2024. Topics covered include the historical development of patent law, the unclear interpretation of subject matter eligibility, a proposed bill's relation to current jurisprudence, and how reformation can affect the industry. Also noted is an overview of the subject's current state and possible change.

Current equal protection jurisprudence does not permit challenges to discriminatory government expression, no matter how blatant or extreme. This doctrine, which I label the discriminatory treatment requirement, is a manifestation of anticlassification, the prevailing equal protection framework since the mid-1970s. According to anticlassification, only suspect government classifications implicate the Equal Protection Clause. In this Article, I contend that discriminatory government expression violates the Clause because it contributes integrally to racial subordination. Through a process I call coercive ideology, discriminatory government expression serves as a veiled threat that manipulates individuals into performing public compliance with the dominant ideology. Like the script of a stage play, the aggregate of individual decisions to comply with its instructions translates the dominant ideology into a social reality. Coercive ideology reveals how both Lost Cause Confederate monuments and Jim Crow segregation signage contributed to racial subordination as discriminatory government expression in the New South. Because anticlassification fails to account both for the subordinating effects of discriminatory government expression and for the expressive effects of government classification, coercive ideology ultimately raises doubts about its continuing validity as the dominant approach to equal protection jurisprudence. [ABSTRACT FROM AUTHOR]

Through an analysis of Islamic jurisprudence, ethics, and theological frameworks, the research identifies key considerations and implications for Islamic broadcasters engaging with social media platforms. The study employed a qualitative approach, drawing upon Islamic texts, scholarly literature, and interviews with Islamic broadcasters. Analysis focused on identifying theological principles relevant to social media engagement and examining strategies used by broadcasters to navigate digital communication landscapes. One significant finding is the tension between the imperative to disseminate Islamic teachings widely and the need to maintain theological integrity in online interactions. The study highlights the nuanced approaches taken by Islamic broadcasters to navigate this tension, emphasizing the importance of upholding Islamic values such as tawhid (monotheism) and adab (etiquette) while leveraging the reach and accessibility of social media. Overall, the findings underscore the necessity for a theological reevaluation of Islamic broadcasting practices in the digital age. By synthesizing traditional Islamic teachings, which refer to the principles, beliefs, and practices that have been passed down in Islam since the time of the Prophet Muhammad SAW and his companions, with contemporary digital realities, this research advocates for an approach that balances the imperative of outreach with the necessity of maintaining theological integrity. It concludes by emphasizing the importance of aligning digital practices with core Islamic values to ensure ethical and responsible engagement with social media platforms. [ABSTRACT FROM AUTHOR]

In cross‐border insolvency cases involving foreign liquidators, Hong Kong courts traditionally adhered to two criteria for recognition and assistance: the collective nature of insolvency proceedings and the commencement of such proceedings in the company's place of incorporation. This approach has evolved following Re Global Brands, marking a shift towards considering the company's COMI as a more practical criterion, and highlighting the impracticalities of using the place of incorporation as the primary criterion. Despite the benefits, the COMI Criterion introduces complexities, such as potential non‐recognition and conflicting rulings between jurisdictions. There are also questions surrounding the differences between the principle of modified universalism under common law and the UNCITRAL Model Law. This article analyses the impacts brought about by the transition to the COMI Criterion, and encourages consideration of the adoption of the Model Law by Hong Kong in the future. [ABSTRACT FROM AUTHOR]

"This article examines the implementation of the Model Law on Cross‐Border Insolvency in Canada and the evolution of the concept of "modified universalism". In particular, the article argues that Canadian courts have developed an expansive view of modified universalism, based upon a liberal and purposive interpretive approach, that prioritizes cooperation and coordination with foreign courts to the greatest possible extent. This expansive view of modified universalism began developing in the jurisprudence long before Canada adopted the Model Law in 2009. Although this evolution was not entirely without controversy, since 2009 the law has continued to develop along the same lines. Thus, the Canadian experience illustrates the important role played by the courts in laying the groundwork for the successful adoption and implementation of the Model Law. This can be contrasted with the more restrictive approaches taken by courts in certain other jurisdictions. At the same time, the article also highlights the conceptual indeterminacy of modified universalism, suggesting that more work is needed to fill gaps and resolve inconsistencies that may hamper the law's further development. [ABSTRACT FROM AUTHOR]