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Research examining the antecedents of recalls, instead of their consequences, is relatively sparse and has not considered whether firms' likelihood to recall products is influenced by legal changes that could induce managerial opportunism, such as those reducing shareholder litigation risk. To examine this question, the authors exploit the staggered adoption of universal demand (UD) laws across several U.S. states as a quasi-natural experiment. UD laws aim to prevent frivolous litigation from disrupting a firm's normal business operations by making it more difficult for shareholders to sue managers for neglecting their fiduciary duties and hold them personally liable. Although UD laws are well-intended, the reduced threat of shareholder litigation disciplining a firm's managers could have unintended negative consequences. Indeed, using a difference-in-differences analysis, the authors find that following the adoption of UD laws, affected firms become less likely to recall products. This effect is weaker in the presence of organizational mechanisms constraining managers' self-interest-seeking behavior, such as a corporate culture focused on customer needs and interests or the exercise of normative control through monitoring by institutional investors. The authors do not find support for a potential alternative explanation of operational improvement and therefore higher product quality driving their findings. [ABSTRACT FROM AUTHOR]

Although the liability of foreignness has been shown to present real economic barriers for foreign firms in various contexts around the globe, scholars continue to debate what drives this liability in different market contexts: lack of information due to institutional distance, lack of social embeddedness, discrimination, or something else. In this study, we propose a new theory, that in corporate lobbying within the nonmarket strategy context, the liability of foreignness is driven in no small part by a values-based ideological conflict stemming from the divide between democracy and autocracy. Private-sector firms from autocratic countries face costs of illegitimacy in Washington, D.C., and professional corporate lobbyists charge such firms a fee premium, in effect, to pay for legitimacy. We conduct an empirical study of the lobbying fees charged by professional corporate lobbyists in Washington, D.C., to their domestic and foreign firm clients, and the results strongly support the predictions of our theory. We also show that the liability of foreignness in this context endures for foreign firms from autocratic countries over the 15-year length of our sample period. Offering a new theoretical perspective as well as new empirical findings regarding the liability of foreignness, our study has practical implications for managers of foreign firms and may also generalize to other market contexts. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the issue of distinguishing the corpus delicti of a malicious failure to fulfill the obligations to take care of a child or a person under guardianship or custody (Art. 166 of the Criminal Code of Ukraine) from such related corpus delicti of criminal offences as "Domestic violence" (Art. 126-1 of the Criminal Code of Ukraine), "Leaving in danger" (Art. 135 of the Criminal Code of Ukraine) and "Abuse of the rights of guardian" (Art. 167 of the Criminal Code of Ukraine). The author analyzes these corpus delicti, compares them, identifies the features by which these corpus delicti should be distinguished, studies the case law, formulates recommendations on the qualification of these crimes as well as proposes improvements to the law on criminal liability. The author shows that the corpus delicti of the crimes, provided for by Art. 126-1 and 166 of the Criminal Code of Ukraine, should be distinguished by objective (form of action, systematic character) and subjective (form of guilt) features. The author proves that intentional economic violence, committed by means of abandonment without care and guardianship with deliberate attitude towards the consequences, should be qualified under Art. 126-1 of the Criminal Code of Ukraine. Under Art. 126-1 and Art. 166 of the Criminal Code of Ukraine, the act can be qualified only in the case of a real combination. The author substantiates that the main objective feature by which it is necessary to distinguish the corpus delicti of crimes under Art. 135 and Art. 166 of the Criminal Code of Ukraine is an availability of a life-threatening condition. When committing a crime under Art. 166 of the Criminal Code of Ukraine, the victim is not in such a condition. If there are grounds, the previous behaviour of a person, placing a child or a person with limited capacity (incapacity) in a life-threatening condition, requires separate qualification under Art. 166 of the Criminal Code of Ukraine. The author argues that the corpus delicti of criminal offences under Art. 166 and Art. 167 of the Criminal Code of Ukraine should be distinguished both according to objective (act) and subjective features (form of guilt, purpose, subject). It is proved that the objective elements of the crime under Art. 166 of the Criminal Code of Ukraine do not cover such actions as abuse of rights. The author supports the proposal to include parents in the circle of subjects of the crime under Art. 167 of the Criminal Code of Ukraine in order to fill the gap in the law concerning qualification of abuse of parental rights for mercenary purposes to the detriment of children. [ABSTRACT FROM AUTHOR]

In the article, the current state of research on the application of planned and cost-accounting (evaluative) sanctions as a form of economic and legal responsibility is analysed in general and specifically in the energy sector. The specificity of applying this form of economic and legal responsibility in the energy sector, existing problematic issues of its application, and proposals for their resolution are investigated. The law enforcement practice of the Supreme Court, which has developed in applying this form of economic and legal responsibility, is analysed. The role of the permanent central executive body with a special status -- the National Commission for State Regulation of Energy and Utilities -- in regulating the application of planned and cost-accounting (evaluative) sanctions to participants in the ener gy markets is studied. Ways to improve the regulatory framework for planned and cost-accounting (evaluative) sanctions in the energy sector are proposed, along with ways to enhance the regulatory framework to minimize similar violations by energy market participants in the future and to foster a high culture of compliance with current legislation norms. The research utilized the following materials and methods: 1) regulatory acts that define the grounds for applying such a form of economic and legal responsibility as operational-economic sanctions; 2) works by domestic and foreign authors conducting their scientific and practical research in the field of economic and legal responsibility; 3) the practice of domestic courts. During the research, methods of theoretical generalization and grouping, formalization, analysis and synthesis, and logical generalization of results (formulation o f conclusions) were used. The scientific article reveals the main patterns in applying such a form of responsibility as planned and cost-accounting (evaluative) sanctions in general and in the energy sector, the grounds, and main features of applying planned and cost-accounting (evaluative) sanctions in the energy sector, and examples of applying such sanctions to business entities -- part icipants in the energy markets. [ABSTRACT FROM AUTHOR]

Civil procedural duties are elements of the civil procedural status of persons participating in legal proceedings. The nature of civil procedural obligations of the parties is determined by the nature of civil procedural relations. The civil procedural duty of the party is a measure of the necessary behavior of the participants in the civil process, which is designed to ensure the implementation of certain procedural actions or refrain from their implementation for the protection of rights and legal interests and to guarantee a fair, impartial, timely consideration and resolution of a civil case. The signs of civil procedural obligations of the parties include: 1) is an element of the procedural status of a person; 2) normatively defined in the provisions of civil procedural legislation; 3) aimed at protecting rights and legitimate interests; 3) are individual (applies to the parties or the plaintiff or defendant separately) or general (applies to all participants in the case); 4) aimed at ensuring effective civil justice. The civil procedural obligations of the parties in a lawsuit can be grouped according to several criteria. First, these are general duties that belong to all participants in the case. For the participants in the case, the civil procedural legislation establishes uniform limits of procedural rights and obligations. Special civil procedural duties are duties that are inherent only to the parties or individually to the plaintiff or defendant. An important place in the formation of the content of the procedural obligations of the parties belongs to the general principles of civil proceedings. Understanding this connection allows for a deeper understanding of the meaning of each duty and ensures the effectiveness of civil proceedings. The consequences of non-fulfillment of civil procedural obligations by the parties are defined in the civil procedural legislation. These are: application of measures of procedural coercion; bringing to legal liability; consideration of the case in the absence of the relevant party to the case; leaving a complaint, application, request without consideration or their return. [ABSTRACT FROM AUTHOR]

The article highlights the issues of application of criminal law measures as an independent regulatory and legal institution which has a cross-sectoral nature. This institute is complex, since it includes two sub-institutes -- criminal law and criminal procedure, and is characterized by its subject matter and method of legal regulation, and is intended to regulate social relations which arose in connection with the introduction in Ukraine of the institute of quasi-criminal liability of legal entities for the fulfillment of Ukraine's international obligations. The author suggests that a regulatory legal institution should be set out in a standardized manner in various legal acts. Unlike the criminal law sub-institution of application of criminal law measures, criminal procedural rules are «scattered» throughout the text of the Code of Criminal Procedure of Ukraine, which impedes the effective application of the relevant rules. The analysis of the few verdicts that have imposed criminal legal measures on legal entities indicates that, given both the normative shortcomings in the presentation of criminal procedural rules of the institution of application of criminal legal measures and the actual lack of training of interested parties (investigators, prosecutors, judges, lawyers) in specialized educational institutions, this leads to shortcomings in law enforcement and the actual ineffectiveness of the institution as a whole. The author finds that when applying criminal law measures to a legal entity, courts made the following mistakes: they did so independently, without following the procedure for initiating proceedings against a legal entity regulated by criminal procedure legislation; in criminal proceedings against an individual, they approved a plea agreement with a criminal law measure against a legal entity when it was prohibited to do so. The author proposes to conduct specialized training on criminal law and criminal procedural features of quasi-criminal liability of legal entities in Ukraine for investigators, prosecutors, attorneys and judges. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the issue of introduction of absolutely definite sanctions in the law on criminal liability, the reasons and prerequisites which contributed to their emergence, and the correlation of such changes with the principles of law. The Law of Ukraine «On Amendments to the Criminal Code of Ukraine on Strengthening Liability for Crimes Against the Fundamentals of National Security of Ukraine in the Conditions of Martial Law» of March 3, 2022, amended the law on criminal liability and strengthened liability under Articles 111 and 113 of the Criminal Code of Ukraine, which provide for liability for high treason and sabotage by applying absolutely certain sanctions. In the context of the issue raised, the authors also examine the current practice of law enforcement in the form of decisions of the Constitutional Court of Ukraine and the European Court of Human Rights on similar issues through the prism of the principles of law. According to the provisions of the criminal law theory, a sanction is a part of a rule of law which contains instructions on the legal consequences of violation of a rule set forth in a disposition. The purpose of a sanction is to create certain unfavorable consequences for the offender or incentives for the subjects who comply with the governmental order. The types of sanctions include: by the degree of certainty: 1) absolutely certain -- clearly define the type and extent of legal liability; 2) relatively certain -- the limits of legal liability are determined from minimum to maximum or only to maximum. An absolutely definite sanction is a type of sanction in a criminal law provision that establishes a single type and amoun t of punishment. With the adoption of the new law on criminal liability in 2001, the legislator completely abandoned this type of sanction, which enabled courts to exercise discretion in passing sentences based on the results of each criminal proceeding. In the article, the authors reflect and substantiate the assertion that in the sanctions of the articles under consideration, alternatives to imposing punishment for the specified criminal offenses in the form of life imprisonment as the most severe punishment currently available in the law can only formally be considered an alternative to imposing a punishment of 15 years of imprisonment. A formal approach to the issue of sentencing a person who has committed a criminal offense not only makes it impossible to individualize responsibility, but also to demonstrate to society the principle of justice i n sentencing. [ABSTRACT FROM AUTHOR]

The scientific article identifies the peculiarities of improving the service activity of administrative courts in Ukraine. Special guarantees include legal (legal) guarantees of legality of service activities of administrative courts in Ukraine, which represent specific legal means and internal legal mechanisms, which are a real embodiment of legality in the legal sphere. Legal guarantees of the legality of service activities of administrative courts in Ukraine include: completeness and effectiveness of legal norms; a high level of control and supervision over the implementation of legality; quality activity of competent authorities to ensure legality; improvement and improvement of legal practice; effectiveness of measures of legal responsibility. The author has highlighted the areas of effectiveness of the implementation of legal guarantees of the service activity of administrative courts in Ukraine, namely: to improve the administrative and legal regulation and the mechanism of control on the part of public administration subjects through the delimitation of their competence; the procedure for exercising the powers of state authorities and local self-government bodies regarding control in service activities; to develop and adopt the Law of Ukraine «On Judicial Services», in which to define an exhaustive list of government entities that would carry out control in this area, their powers, forms and procedures of such activity, methods, methods of implementation and responsibility in case of abuse of control, etc. ; strengthening public control and creating effective feedback with civil society organizations through the development and implementation of the project «Proliferation of non-state monitoring of service activities of administrative courts in Ukraine», which will improve the quality of the provision of court services by relevant entities of public administration, etc. [ABSTRACT FROM AUTHOR]

Currently, Ukraine is in the aspect for various directions of the regulations of the legal environment as a whole. Therefore, now in its history, it is expedient to find different directions of normative models for fighting corruption. Forming the normative-legal aspect of the historical period in Ukraine and the former USSR, it is extremely appropriate to allocate a number of fundamental, single-out directions. After all, the normative model of the fight against corruption is formed on the part of our state based on the behavior of individuals and the reproduction of deviations from the isolated legal aspect that they provide as a whole. This normative model is aimed at the era of „Stalinism”. Therefore, in order to overcome the fight against the formation of corruption in the conditions of martial law in Ukraine, human rights in general are greatly violated, because the aspectual totalitarianism was formed incompatible with their emergence. There are also positive aspects to the expediency of the formation: it was formed to study the educational discipline in the conditions of martial law in Ukraine, an appropriate interaction between the isolated degree of human authority and the degree of aspectism in general. Inheritance of being brought to normative responsibility and bearing – implies for the persons who are closest to the top of the authorities in the conditions of martial law in Ukraine – the closer the entourage is to the top, the more it implies a very high risk of temptation. That is, the formation of the principle of implementation of the normative surface model responsibility: „top-down”, which is an extremely necessary means of implementing the social, legal and economic model of justice as a whole. Improving the educational environment in the conditions of martial law in Ukraine also expediently forms a model of fighting corruption in the economic direction – the realization of strong legal and economic responsibility of a person is necessary, according to the recommendations of the „leader”. For the necessary permissible time, such personalities formed the model party elites. This formed model forms the basis of directions during the times of Khrushchev and Brezhnev. It is also appropriate to recall two more specific features of the economic model created under the conditions of martial law in Ukraine: firstly, the formation of an individual in the permissible direction of his power requires a normative and legal argument, secondly, money in this model has only a secondary role or not have a conceptual aspect as a whole. Noting that the educational component in the conditions of martial law in Ukraine is a model of combating corruption, I ensure the impossibility of the desire to force people into power structures on the basis of personal considerations and irresponsibility; therefore, it contains the main arguments of public power and its resulting bribery of the individual as a whole. The educational component in the conditions of martial law in Ukraine forms a model of the fight against corruption, has complete impunity and the impossibility of argumentation in general. These arguments are formed in periods of rich revolutionary legal norms, when the newly created state did not receive the necessary management functions of leadership or deliberately creates only destructive trends in the economy. Normativity of the economy of the existence of this legal model is precisely the time of the administration of the Provisional Government, because reforms in education as a whole are expediently addressed. [ABSTRACT FROM AUTHOR]

The article is devoted to the formation of scientifically based recommendations on the application of administrative and legal forms and methods of countering violations of public interests in the activities of institutional investors. The author separates the concepts of preventing violations and countering violations of public interests in the activities of institutional investors, indicating that the prevention of violations of public interests takes place when certain shortcomings or problems are identified in their work, which potentially carry a risk of violating the rights of citizen investors, but at a specific moment do not yet pose a threat of violation or are not a violation of public interests. In contrast to prevention, counteraction conditionally assumes the existence of a certain illegal action, as a result of which a situation arises when the interests of citizen-depositors and the institutional investor (his officials) do not coincide, and the private business or selfish interest of individuals begins to dominate over the public interest. According to the author, the system of countermeasures includes such forms of management activity as: issuance of normative legal acts, execution of legally significant actions, which are implemented through such methods as administrative supervision, administrative control, bringing to legal responsibility. Special laws define a number of measures that can be applied to institutional investors for violations, in particular, the suspension or cancellation of a license, the prohibition of the payment of dividends, an injunction and much more, which allows for the timely protection of public interests and the prevention of encroachment on public values, because criminal activity undermines the existing legal order of investment activities of institutional investors and in general the trust of citizen-investors in the state, in its ability to protect their values, entrusted to entities authorized by the state to preserve and multiply them. [ABSTRACT FROM AUTHOR]

This article examines the specifics of legal liability for violations of the legal regime of sanitary protection zones in Ukraine, as well as the main directions for improving the relevant legal regulation. Sanitary protective zones perform an important security function in separating potentially harmful objects from places of residence and stay of people. In this regard, a special legal regime is established on their territories, which provides for significant restrictions on their economic use. Non-compliance with the established requirements regarding the legal regime of sanitary protection zones is the basis for bringing guilty persons to legal responsibility. Currently, there are no special provisions in the current legislation of Ukraine regarding liability for violations of the legal regime of sanitary protection zones. In this regard, legal responsibility for illegal actions in this area is covered by sanctions for committing violations in the field of environmental protection of a “general nature” (violation of sanitary standards; arbitrary occupation of a plot of land; violation of environmental safety rules; design or operation of structures without protection systems environment; violation of land use rules, etc.). Therefore, there is a need to formalize the composition of offenses that are already provided for in the normative legal acts on the regulation of the legal regime of lands of sanitary protection zones, the codification of legislation on administrative responsibility for violations in the field of environmental protection, the introduction of special sanctions for violations of the legal regime of sanitary protection zones zones, as well as the unification of relevant provisions of Ukrainian legislation with the law of the countries of the European Union. [ABSTRACT FROM AUTHOR]

The article examines theoretical and legal issues related to the need to introduce the institution of the Commissioner for Environmental Rights in Ukraine. In order to clarify this issue, the legislation of Ukraine and international legal acts, the provisions of which relate to environmental human rights, are analyzed. In addition, the authors researched the foreign experience of various models of the implementation of the position of the environmental ombudsman – the USA, Great Britain, Austria and the Republic of the Philippines. Taking into account the increase in factors influencing the state of the environment, the issue of protecting violated human environmental rights is becoming increasingly important. It is especially important to ensure the protection of environmental rights in the period of martial law in connection with the mass of their violation by the aggressor state. The issue of the relationship between the environment and human rights is considered. The article proposes the introduction of the position of the Commissioner for Environmental Rights in Ukraine with the definition of his main tasks, in particular: the implementation of the state environmental policy and strategies for the sustainable development of regions in the field of environmental protection, the implementation of monitoring in order to detect violations of environmental human rights, the initiation of the investigation of committed violations in the absence of a statement from other individuals or legal entities about offenses, taking measures to prevent violations of environmental human rights, conducting educational and educational events for individuals and legal entities. Additionally, the grounds for the presence of regional representatives of the Environmental Ombudsman have been established. Attention is drawn to achieving the goal of sustainable and green economic development, taking into account climate goals, as well as protection of legal foundations, including environmental and social components. [ABSTRACT FROM AUTHOR]

The article discusses how the designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances may impact liability and due diligence under the U.S. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). It explored the regulation of per- and polyfluoroalkyl substances (PFAS) by the U.S. Environmental Protection Agency (EPA), the scope of EPA's enforcement discretion policy, and the outlook for CERCLA cost-recovery actions.

Mandatory reporting, a cornerstone of child protection, is intended to safeguard the welfare of children; however, the existing framework often fails to adequately consider the diverse needs and circumstances of marginalized families. This article highlights the need for greater attention related to reporting cases of suspected child maltreatment and advocates for a paradigm shift in training psychologists, highlighting diversity and multicultural competence as integral components. Drawing on a comprehensive review of literature, we shine a critical light on systemic failures of the child welfare system for marginalized families, including families of color and those living in poverty. When contemplating reporting, we urge trainees to consider how reporting bias might influence accurate reporting and highlight the importance of distinguishing between poverty and neglect. Through the application of a case example, we provide a nuanced discussion of an ethical decision-making process grounded in research that considers psychologists' legal and ethical responsibilities with particular attention to diversity variables. We conclude the article by providing teaching and training recommendations pursuant to the ethical and legal ramifications of mandatory reporting. The recommendations embrace ethical principles and prioritize diversity in mandatory reporting practices for a more just and equitable approach to child protection. Public Significance Statement: This article advances ethical decision-making training practices by increasing awareness of the often unaddressed nuances in cases of suspected child maltreatment. Psychologists, in their roles as supervisors and educators, can heed the recommended classroom activities and ethical decision-making process presented in this article to ensure a more sound ethical decision-making process while minimizing bias and risk of harm to clients. [ABSTRACT FROM AUTHOR]

This study examined the role of character evidence and other issues in criminal appeals of child sexual abuse (CSA) convictions. Character evidence includes uncharged acts and character witnesses who testify to another's reputation or opinion and is offered to prove an individual's propensities. Examining 168 appellate court opinions reviewing CSA convictions between 2005 and 2015 in Maricopa County, Arizona, we found that when specific types of evidence were at issue, they were most often character evidence issues (49%). However, appellate courts virtually never reversed convictions (n = 5), and when defendants did obtain relief, the reduction in charges or in sentences was minor. Of the small number of opinions that were published (n = 4), all focused on character evidence, including the single case reviewed by the Arizona Supreme Court. However, close examination of the published cases suggested they effected only modest change. [ABSTRACT FROM AUTHOR]

As AI adoption expands, so does the landscape of related legal liability. Lawyers, policymakers, and business executives should become AI-literate with respect to the potential harms and litigation risks associated with this technology as it grows in capabilities and adoption. This Article provides a brief introduction to the legal landscape to consider when developing, licensing, or using AI systems. While the regulatory and legal landscapes are rapidly evolving, this Article aims to provide a foundational understanding to help mitigate liability and avoid the associated harms to companies, individuals, and communities. [ABSTRACT FROM AUTHOR]

This paper examines the incentive effect of the personal legal liability for a CEO. Exploiting a unique Chinese law that a legal representative of a firm bears personal legal liability for a firm's illegal activities, we document a decrease in earnings management when the CEO is also the firm's legal representative. Additional analysis shows that the impact of a CEO's legal liability on earnings management is more salient when the CEO is externally recruited, lacks family background, and when the firm faces enormous litigation risk. The findings are robust to endogeneity and after accounting for the CEO's characteristics. Our study contributes to managerial legal liability, law and finance, and financial reporting research. [ABSTRACT FROM AUTHOR]

In this paper I will engage with a position Felicity Kaganas has often elaborated upon, and with which I agree, namely, that lawmakers often mistake law’s messaging for law’s power. In doing so I will focus on the law’s management of parental status and the performance of parental responsibility. I will argue that English law’s disaggregation of parental status and parental function should have enabled law to distance itself from involvement-by-presumption in the particularities of the disputes between parents and other carers about children, and enabled it to perform a better, more situation-sensitive role in the management of those disputes. It should have allowed for a more pragmatic, less ideological and generalised, decision-making process for particular disputes, and paid better attention to the actual children at the heart of those disputes. I argue that, given the limits of the power of law in resolving family disputes (which I also elaborate in the paper), law has a limited role in these situations. There are other orders of power – beyond law – which affect the way in which legal power works and may misdirect (or, at least, redirect) its ambitions. [ABSTRACT FROM AUTHOR]

Background: It is noteworthy that there is an increase in medical lawsuits filed against nurses in Turkey and in the rest of the world. The purpose of this article is to examine nurses' criminal liability and senior nursing students' awareness of these responsibilities. Methods: All senior students (n = 309) of the Faculty of Nursing who were studying in the 2020–2021 academic year of the university constituted the population of the research. The study was completed with 300 students who were studying between the dates of the research and who agreed to participate in the research. Data was collected online via Google Forms. The data obtained from the research was analyzed with the program SPSS 20. Numbers and percentages, averages, and chi-square tests were used to evaluate the data. Results: This article provides an overview of nurses' criminal liability and senior nursing students' awareness of these responsibilities. The article offers striking implications regarding the awareness of trainee nurses who have not yet started their careers regarding the criminal liability of nurses. Conclusion: The result of our research clearly revealed that the majority of senior nursing students have insufficient knowledge about professional criminal responsibilities, that they are not aware of their duties, powers, and criminal responsibilities as defined in legislation, and that they do not know the types of criminal responsibilities. [ABSTRACT FROM AUTHOR]

In recent years, social media platforms have grown increasingly complex in how they invite, intersect with, and influence third-party speech. This complexity lies in stark contrast to the simplicity of the statute that governs those very platforms: Section 230 of the Communications Decency Act. Although Section 230 has cabined liability for platforms in the past, some have advocated for activist judges to deploy tools available to them to hold platforms accountable and mitigate harm to users as research documenting the negative impact of social products on user well-being has matured. This Comment reviews Section 230 jurisprudence to develop a novel taxonomy that explicates the statute's boundaries and provides both an opening for ex post liability and a rough metric for its limits. It divides claims against platforms into three categories--content specific, content dependent, and content agnostic--based on the proximity of the alleged injury to user-generated content and the degree of the platform's participation. Noting the incentive for plaintiffs to frame claims as content agnostic to evade premature dismissal under Section 230, this Comment also formalizes a remedies test that courts can use to distinguish legitimate content-agnostic claims from those in name only. Armed with this vocabulary, this Comment turns its attention to a number of cases pending against social platforms. Applying the remedies test, it determines that a handful of pending allegations give rise to legitimate content-agnostic claims. Noting that content-agnostic injuries are material but not yet fully understood, this Comment ultimately argues that an ex ante regulatory regime operationalized by an expert agency is better suited to address social-platform externalities than an ex post liability regime. It discusses several reasons to disfavor an ex post regime or favor an ex ante regime before outlining what an adequate ex ante regulatory regime could look like with respect to its mandate, powers, structure, and staffing. [ABSTRACT FROM AUTHOR]

Following a rash of headlines about infant abandonments in the 1990s, every state passed a Safe Haven Law (SHL) which permits the anonymous surrender of infants to a safe place, like a hospital. Over 4,000 infants have been surrendered in the last quarter century. SHLs received renewed attention after Dobbs v. Jackson Women's Health (the 2022 case that overturned Roe v. Wade and eliminated the constitutional protection for abortion), where they were cited in both oral argument and the majority opinion. Following Dobbs, nearly two dozen states enacted abortion bans or restrictions and subsequently saw an increase in their birthrates. At the same time, the idea of Baby Boxes--devices placed on the outside of hospitals and fire stations where an infant can be surrendered without a face-to-face encounter--gained traction. Many state legislatures have reacted to Dobbs and the Baby Box trend by re-evaluating their SHLs. This Note evaluates current SHLs and makes recommendations for a Model Safe Haven Law to instruct states on how to best support mothers and infants in crisis as they update their statutes. Part I explains the data on infanticide and illegal infant abandonment and outlines the most significant shortcomings and strengths of SHLs thus far. Part II proceeds to analyze five key elements of SHLs: the maximum age of surrender, surrender locations, anonymity, parental rights, and criminal liability. Part III offers evidence-based recommendations in the form of a model law to help SHLs fulfill their promises of reducing illegal infant abandonment and supporting families in crisis. [ABSTRACT FROM AUTHOR]

This article introduces the challenges presented in establishing governance of autonomous vehicles, dealing with questions of liability, where domestic law needs to cohere with international transport conventions, Islamic jurisprudence, Supreme Court jurisprudence, and technical safety standards. The primary objective of the article is to assess the applicability of established legal norms governing carrier liability in traditional road transport contracts in the United Arab Emirates. These legal tenets, rooted in Islamic jurisprudence and drawn from historical sources such as the ‘Al-Ahkam Al-Adliya Journal,’ constitute the foundation of civil law in numerous Arab countries, including the Arab Gulf States, Egypt, Jordan, Syria, and others. Melding legal and technical perspectives, this study provides legal insights for judges, arbitrators, and legal practitioners, and offers solutions to the liability challenges that may arise when autonomous vehicles begin operating on UAE streets or any other Arab country. [ABSTRACT FROM AUTHOR]

Researchers working across a variety of contexts have documented a common phenomenon: the tendency for one legal liability or entanglement in people's lives to beget another. In this article, I label such phenomena liability chains and provide a framework for analyzing them as an access to justice issue. To do so, I draw on my original research on welfare fraud investigation, which included a review of documentary evidence and interviews with fraud workers in five politically and socioeconomically diverse U.S. states. Building on previous research, these data reveal three primary ways that liability chains contribute to the access to justice crisis. First, liability chains facilitate the origination of new legal problems, often in ways that are biased and systematically unequal. Second, liability chains involve processes that allow authorities to sidestep procedural protections when building criminal cases. Third, and most importantly from the access to justice perspective, liability chains produce outcomes that are unfair, with likelihoods of new legal liabilities contingent on the presence of existing liabilities and entanglements. Moving forward, this framework offers researchers a resource to test and refine in considering the access to justice implications of liability chains in various sociolegal settings. [ABSTRACT FROM AUTHOR]

The authors examine the historical developments on abortion rights in the U.S. Topics include research which showed that the situation which has forced U.S. residents to travel across state lines to access abortion care, to pursue medication abortion via telehealth with an out-of-state provider, or to forgo abortion altogether, laws passed by abortion opponents in Congress, and access and restrictions to abortion during the Cold War.

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Washington negligence law is a confusing labyrinth of foreseeability that not even Ariadne's string could guide plaintiffs out of. Foreseeability is implicated in four distinct analyses, several of which overlap considerably. Doctrines that were once questions of law are now questions of fact, and vice versa. Something needs to change. Washington has taken the novel approach of bifurcating the duty element into two parts--duty's mere existence, which is a question of law for the court to determine; and duty's scope, which is a question of fact handed off to the jury to determine. Foreseeability impacts both of these assessments, but to what extent remains a difficult question, despite numerous court clarifications over the years. Though seemingly simple on its face, contexts such as third-party and special-relationship liabilities complicate things. Exactly what level of foreseeability a plaintiff must allege remains largely an educated guess, and the law as it stands gives trial judges broad discretion to dismiss actions that seem outlandish, regardless of other considerations historically considered in negligence cases. If foreseeability were taken out of the duty inquiry and its existence and scope once more reunited, Washington could follow the growing number of jurisdictions adopting the Restatement (Third) of Torts approach. These steps would greatly clarify negligence in Washington and make the duty inquiry much more straightforward and predictable, allowing foreseeability to shine in considerations of breach and causation, where contemporary tort scholars suggest it belongs. [ABSTRACT FROM AUTHOR]

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Building on the concept of participatory regulation, this study emphasizes recognizing the multidimensional character of citizens' risk regulation preferences. Using the case of autonomous vehicles, we specify six technology‐related risks: product safety, regulatory oversight, legal liability, ethical prioritization, data protection, and human supervision. We argue that differences in these multidimensional risk regulation preferences are shaped by citizens' political beliefs, technology attitudes, and national innovation cultures. To test these hypotheses, a conjoint experiment was conducted in the United States (1188 participants), Japan (1135 participants), and Germany (1174 participants) in which respondents compared hypothetical regulation regimes for self‐driving cars, varying alongside the six regulatory risk dimensions. The findings show a universal preference for increased legal responsibility of manufacturers and more stringent safety regulations for autonomous vehicles. Political beliefs and technological attitudes had minimal impact on these preferences. Although there were some cultural differences in privacy and ethical prioritization, no systematic differences were noted across countries, suggesting the possibility of finding common ground in standardizing risk regulations for self‐driving cars. [ABSTRACT FROM AUTHOR]

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The law assumes that healthy adults are generally responsible for their actions and have the ability to control their behavior based on rational and moral principles. This contrasts with some recent neuroscientific accounts of action control. Nevertheless, both law and neuroscience acknowledge that strong emotions including fear and anger may "trigger" loss of normal voluntary control over action. Thus, "Loss of Control" is a partial defense for murder under English law, paralleling similar defenses in other legal systems. Here we consider the neuroscientific evidence for such legal classifications of responsibility, particularly focussing on how emotional states modulate voluntary motor control and sense of agency. First, we investigate whether neuroscience could contribute an evidence-base for law in this area. Second, we consider the societal impact of some areas where legal thinking regarding responsibility for action diverges from neuroscientific evidence: should we be guided by normative legal traditions, or by modern understanding of brain functions? In addressing these objectives, we propose a translation exercise between neuroscientific and legal terms, which may assist future interdisciplinary research. [ABSTRACT FROM AUTHOR]

The article deals with the legal requirements and liability issues related to the use of Research-Use-Only (RUO) products in the field of In-House In-Vitro Diagnostics (IVD). RUO products are exclusively intended for research purposes and must not be used for diagnostic procedures in humans. The article examines the legal permissibility of this use and the associated liability issues. It is noted that RUO products are subject to lower regulatory requirements than products for clinical use and must meet certain quality standards. Manufacturers of RUO products are obliged to label their products accordingly, but there is no obligation for market surveillance regarding the intended use of these products. The article also describes the definition and use of "In-House IVD" (In-House In-Vitro Diagnostics) in clinical laboratories. In-House IVD refers to diagnostic tests developed and used by clinical laboratories to diagnose, monitor, or predict certain diseases or conditions. The requirements and liability for the use of Research-Use-Only (RUO) products for diagnostic purposes are also discussed. [Extracted from the article]

Providing appropriate patient education during a medical encounter remains an important area for improvement across healthcare settings. Personalized resources can offer an impactful way to improve patient understanding and satisfaction during or after a healthcare visit. ChatGPT is a novel chatbot— computer program designed to simulate conversation with humans— that has the potential to assist with care-related questions, clarify discharge instructions, help triage medical problem urgency, and could potentially be used to improve patient-clinician communication. However, due to its training methodology, ChatGPT has inherent limitations, including technical restrictions, risk of misinformation, lack of input standardization, and privacy concerns. Medicolegal liability also remains an open question for physicians interacting with this technology. Nonetheless, careful utilization of ChatGPT in clinical medicine has the potential to supplement patient education in important ways. [ABSTRACT FROM AUTHOR]

Notaries as public officials have significant legal responsibilities in making authentic deeds. This research aims to analyze the legal procedure for summoning a notary as a witness in a case of alleged fraud or embezzlement. The research method used is normative research, by analyzing relevant laws and literature regarding the criminal responsibility of notaries based on Law Number 2 Year 2014. The results show that the summoning of notaries as witnesses by investigators must fulfill the provisions stipulated in the law, including approval from the Notary Honor Council. In addition, there are significant differences in the procedure after the issuance of Constitutional Court Decision Number 49/PUU-X/ 2012. This research emphasizes the need to evaluate regulations related to summoning notaries to ensure independence and speed up the legal process. The implications of the findings include increased awareness of notaries and socialization to the public regarding their roles and responsibilities. This research shows the importance of increasing notaries' awareness of their legal responsibilities and the need for reform of legal procedures to speed up the summoning and examination of notaries. In addition, strengthening regulations and socializing to the public regarding the role of notaries can help prevent errors in the making of authentic deeds. [ABSTRACT FROM AUTHOR]

Today, developed and developing countries, each based on their economic, political, and geographical background, have a different interpretation of the causes and consequences of climate change, so that each of them, based on different but believable and convincing statistics and principles, accuse each other of causing climate change and being responsible for its consequences. One of the most recent initiatives to reconcile the contradictory interpretations of the parties was to establish the loss and damage Fund in COP27 and its operationalization in COP28. Can the operationalization of the Fund be a decisive resolution in the field of contradictory interpretations between the parties regarding the responsibility caused by climate change? The recent study shows that due to different political and economic backgrounds, each party has contradictory interpretations regarding the causes and consequences of climate change based on different legal principles and scientific data. Although the mere establishment of the Fund is a positive step to reconcile these contradictory perceptions, the conflicting interpretations, especially regarding the finance recipients and contributors, indicate that the tragic story of the responsibility for climate change still has an open and ambiguous ending. [ABSTRACT FROM AUTHOR]

Only a few physicians are willing to comprehensively concern themselves with how a legally watertight treatment documentation should be structured, in addition to their practical activities; however, the importance of the documentation cannot be emphasized enough, not only for a potential case of liability but also for the medical (further) treatment. This article therefore illustrates the legal foundations of the mandatory documentation and the most important questions associated with it for the practice, in particular on the content of the documentation, the timing of the documentation, the preservation of treatment documents and on the conduct in cases of an impending incident. [ABSTRACT FROM AUTHOR]

The article examines the impact of the 2023 amendments to the Florida Telephone Solicitation Act (FTSA) and developments in the caselaw addressed FTSA clams. Topics discussed include history of the FTSA, the U.S. 11th Circuit Court of Appeals' decision regarding violation of the FTSA and the Telephone Consumer Protection Act in Drazen v. Pinto, and best practices for companies that use telemarketing and text message marketing to consumers to guard against liability exposure.

On 12 March 2024, the European Parliament adopted the text for revising the current Product Liability Directive (revised PLD), which was implemented in 1985. The revised PLD adapted the rules for the damage caused by defective products for the challenges from digitalisation, the circular economy and international supply chains. In particular, the new rules aim to ensure that new technologies, such as AI, could be well reflected, so that residents in the European Union could be effectively protected. Conventionally, a law and economics analysis has played a crucial role in shaping product liability. The objective of this paper is to discuss the major changes in the revised PLD via the lens of insights of law and economics. In specific, we focus on the influence of these changes on multiple key elements, including deterrence effect, risk-shifting and local preferences. [ABSTRACT FROM AUTHOR]

This paper shall give an overview of the forthcoming changes to EU product liability law as foreseen by the planned new directive. While more details will be given by the further contributions to this issue, the key elements of the proposal will be outlined, with a particular focus on the expansion of the regime to software and other digital products. The contributions to this special issue of the Journal of European Tort Law (JETL) present and analyse the upcoming changes to product liability law in the EU. My task is to give a short introduction to where we stand, why we got here, and what the authors of the following articles will focus on in more detail. [ABSTRACT FROM AUTHOR]

We propose, through the present study, to present, in an essentialized form, the particularities of the regime of disciplinary liability of civil servants. The approach is centred on the following main ideas: substantiating the relationship between liability and responsibility; the headquarters of the matter; the purpose of the regulation; defining elements; novelties brought by the Administrative Code; deviations in administrative practice; possible solutions for the future. In a first section I addressed the relationship between responsibility and liability, embracing the idea that these two concepts are not synonymous, in the sense that responsibility is the one that precedes liability and removes it, when it is maintained, the subject of law transferring to its own value system the prescriptions established by the state. From this perspective, we express ourselves in the sense that public officials and, in general, all holders of public positions and dignities, must receive responsibility. The core of the research is the defining elements of the disciplinary liability of civil servants from the perspective of the Administrative Code, which largely preserves the principles established by the old regulation, but also comes with innovations to strengthen its role. At the basis of their creation was the need to prevent the excesses that can be manifested and, in this way, to represent a protection tool for the stability in office and, ultimately, the career of civil servants. One of these innovations is the establishment, by the legislator, of the disciplinary sanctions that can be applied to civil servants for each type of disciplinary offence committed. We also highlighted some shortcomings of the regulation and came up with concrete proposals to amend it in the future, considering that the approval by law of the Government Emergency Ordinance No 57/2019. It is mainly about regulatory parallels or deficiencies in the way some concepts are defined. In the latter sense, the regulation on disciplinary liability from Part VI of the Code must be reconciled with that from Part VII on administrative liability, but also with the provisions of Article 5 ii) from the first part of the Code, which defines administrative liability. Last but not least, we also noticed some deviations that happen in practice in the way the disciplinary commission's function, expressing ourselves, in a metaphorical but realistic way, that through a discretionary interpretation and application of the norms, the collegial structures existing in the European civil service system are transformed from disciplinary commissions into civil servant disciplinary commissions. In this way, a distortion of their role and the purpose of the activity they perform is achieved. [ABSTRACT FROM AUTHOR]

Purpose: The Malaysian Anti-Corruption Commission Act 2009 (MACC Act) has introduced Section 17 A, which holds companies and their management accountable for bribery committed by their Associated Persons in the interest of the company. This study aims to explore the evolving concept of Associated Persons and corporate liability within this legal framework. It delves into three primary legal models of Associated Persons, particularly focusing on corrupt cases falling under Sections 17 A (1), 17 A (6) and 17 A (7) of the MACC Act. The study also investigates the extent of Associated Persons' involvement in these cases that eventually led to company liability. Design/methodology/approach: The study deployed thematic and comparative analyses to assess the legal framework and highlight the significance of Section 17 A of the MACC Act. Findings: The study disclosed that, despite having corruption policies, there is still a possibility for Associated Persons to engage in corrupt activities. To ensure long-term business sustainability, it is crucial to implement effective mechanisms and a strong compliance culture. Originality/value: This study suggests implementing a due diligence checklist and conducting risk assessments for companies as measures against corruption caused by Associated Persons. Corporate entities and legal professionals may benefit from the reported findings to better comprehend the corruption offences outlined in Section 17 A of the MACC Act. [ABSTRACT FROM AUTHOR]

A two-Judge Bench of Honourable Supreme Court (SC) of India in Bar of Indian Lawyers Through its President Jasbir Singh Malik v. D. K. Gandhi PS National Institute of Communicable Diseases and Anr (2024).1 held that professional services rendered by advocates fall under "contract of personal service" as opposed to a "contract for service" and accordingly, advocates are exempt from liability for deficiency in services under the Consumer Protection Act (CPA), 2019. The judgement brings the contentious issue of advocate's liability as 'service providers' under the Act back to focus. The case arose out of challenge to a ruling by National Consumer Disputes Redressal Commission (NCDRC) in D.K. Gandhi PS v. M. Mathias (2007) 2. The NCDRC made advocates liable as service providers under CPA. The apex court, in fact, also went on to opine that the landmark SC ruling by three-judge bench in Indian Medical Association v. V P Shantha (1995)3 delivered almost 3 decades ago needs reconsideration and referred it to the Chief Justice for determination by a larger bench. This article seeks to uncover the liability of advocates as service providers in light of landmark supreme court judgements and the implications of recent judgement on other professions. [ABSTRACT FROM AUTHOR]

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The aim of this paper is to investigate some of the legal issues related to the International Convention on the Contract for the International Carriage of Goods by Road (CMR). The interest in the research is driven by the recognition that road transport of dangerous goods is a dangerous activity that can lead to serious problems if a vehicle onto which hazardous goods are loaded is involved in an accident. The methodological approach adopted takes into consideration existing legislation and case law. The liability regime set out in the CMR is comprised of complex elements. The cases of liability deriving from breach of the duty of custody, from loss or damage, and from delay in delivering the goods to the consignee by the term specified in the contract, are specifically regulated. The findings show that for the transport of dangerous goods, specific obligations rest upon the sender, which lead to specific liabilities in the case of their infringement. It follows that liability does not lie only with a carrier. As a result, it seems more correct to discuss liability deriving from the transport of dangerous goods rather than carriers' liability. [ABSTRACT FROM AUTHOR]

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We typically see child soldiers as not morally responsible because of their age and/or because they are victims of adult exploitation. Work on child soldiers and their moral responsibility is relatively sparse within just war thinking and political philosophy (Thomason in Ethical Theory Moral Pract, 19:115–127, 2016a; Thomason in Seeing child soldiers as morally compromised warriors [Online]. The Critique. Available: http://www.thecritique.com/articles/seeing-child-soldiers-as-morally-compromised-warriors/ [Accessed 2 April 2020], 2016b), and instead focuses mostly on whether child soldiers are liable to attack (McMahan, in Gates, Reich (eds) Child soldiers in the age of fractured states, University of Pittsburgh Press, Pittsburgh, PA, 2010; Vaha in J Military Ethics, 10:36–51, 2011). This paper brings these two areas together. Many of us have the intuition that combatants should exercise at least some constraint when fighting against child soldiers. I will argue that, contra McMahan (2010), exercising restraint in this way is a requirement of justice. I will argue that agents can be more or less liable to attack (liability to attack is on a spectrum) in defensive killing cases depending on how morally responsible they are for the threat they cause. I will outline how, whilst child soldiers are not wholly responsible for the threat they cause to combatants, their responsibility is also not completely diminished. I will argue that child soldiers are therefore liable to attack, but to a lesser extent than fully responsible agents. I will show that combatants fighting against child soldiers are therefore required, as a matter of justice, to use the most proportionate method of attack which may not always be to kill the child soldier. I will conclude that combatants are therefore required, as a matter of justice, to exercise a degree of restraint when fighting against child soldiers. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)