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13 pages, 259 KiB

Open AccessArticle

Constituting the American Higher-Education Elite: Rush and Jefferson on Collegiate Civic Engagement

by Luke Foster

Laws 2024, 13(3), 38; https://doi.org/10.3390/laws13030038 - 18 Jun 2024

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The foundation of new centers for civic education has sparked a new round of debate over the political independence of the public university. Do legal mandates by state legislatures undermine academic freedom? The underlying debate concerns alternative visions of elite formation, as comparing [...] Read more.

The foundation of new centers for civic education has sparked a new round of debate over the political independence of the public university. Do legal mandates by state legislatures undermine academic freedom? The underlying debate concerns alternative visions of elite formation, as comparing Benjamin Rush and Thomas Jefferson’s arguments during the Founding period makes apparent. Both believed that the American constitutional order depended on educated citizens of a certain character, requiring coercive authority in education to instill moral and political commitments. But whereas Jefferson made an exception for educational coercion, Rush viewed education as an aristocratic element that could complement democracy. Rush’s prioritizing of duties over rights offers a more helpful framework for the task of reforming elite education today to restore trust between leaders and people. Full article

(This article belongs to the Special Issue Civic Engagement, Justice, and the Law in a National and International Context)

21 pages, 309 KiB

Open AccessArticle

Rethinking Just Transition in Investment Law Perspective: Incentives against Climate Crisis between Sustainability, Economic Security, and Strategic Industrial Planning

by Sara Pugliese

Laws 2024, 13(3), 37; https://doi.org/10.3390/laws13030037 - 18 Jun 2024

Viewed by 1098

Abstract

With the expression “Just transition”, the European Commission refers to a new development model to bring in the environmental and digital transition “leaving no one behind”. From an investment law perspective, it implies the adoption of several incentives to support new green economy [...] Read more.

With the expression “Just transition”, the European Commission refers to a new development model to bring in the environmental and digital transition “leaving no one behind”. From an investment law perspective, it implies the adoption of several incentives to support new green economy activities or the reconversion of old ones into green and energy-neutral production models. Starting from an analysis of the EU just transition strategy, the paper focuses on the Italian case, investigating the interconnection between just transition funds and other measures (the Single Special Economic Zone and National Recovery and Resilience Program) to verify their effectiveness in terms of investment retention and attraction and their effects in terms of strategic industrial planning. Concerning retention, the Sider Alloys and Acciaierie d’Italia case studies are analyzed. Concerning attraction, as the incentives may appeal to aggressive activities dangerous to the EU and Member States’ strategic autonomy, the paper offers an overview of the instruments available for screening and preventing creeping economic operations, especially the proposed reform of the investment screening mechanism and the anti-coercion instrument. In conclusion, the paper proposes the adoption of an ex ante impact assessment, including citizen consultation, aimed at verifying investment concrete capacity to contribute to the just transition process. Full article

(This article belongs to the Special Issue The Climate Change International Investment and Trade Disputes: Legal and Political Implications)

32 pages, 1057 KiB

Open AccessArticle

An Artificial Review of Jesus’s Torah Compliance and What That Might Mean for Jews and Gentile Christians

by Jonathan Dawayne Brackens

Laws 2024, 13(3), 36; https://doi.org/10.3390/laws13030036 - 10 Jun 2024

Viewed by 6948

Abstract

The Torah is central to Judaism. Jesus’s relationship with it sparks conflict with Christianity. Some Jews think that Jesus violated the Torah, while some Christians believe that he sinlessly followed it. This clash escalated on 22 June 2023, when Ultra-Orthodox Jews protested a [...] Read more.

The Torah is central to Judaism. Jesus’s relationship with it sparks conflict with Christianity. Some Jews think that Jesus violated the Torah, while some Christians believe that he sinlessly followed it. This clash escalated on 22 June 2023, when Ultra-Orthodox Jews protested a Messianic convention in Jerusalem. Social media videos and comments highlighted Jesus’s purported Torah compliance, placing Matthew 5:17 at the center stage. The comments proved indicative of the gaps within the literature as neither determined all the unique Written and Oral Torahic/legal issues raised within the Gospels nor quantified the extent of Jesus’s compliance. To address these gaps, this study employs artificial intelligence (LDA), statistics, and legal analysis and exegesis to determine Jesus’s compliance with the Torah, Mishnah, Talmud, and Mishneh Torah. The findings show the Gospels’ consensus: Mark, Luke, and John reflect that Jesus was non-Torah-compliant (14.80, 43.80, and 0.00%, respectively); Matthew states otherwise (70.80%). Overall, the study revealed that Jesus kept 79 of 162 Written and Oral Torah laws (48.80%). This study has significant implications for Christian doctrines, the definition(s) of sin, and the missionizing ethnoreligion members and serves as a case study that illustrates AI’s impact on religious authority (i.e., clergy, scholarship, and doctrines). Full article

(This article belongs to the Special Issue AI and Its Influence: Legal and Religious Perspectives)

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14 pages, 248 KiB

Open AccessArticle

Facial Recognition Technology in Policing and Security—Case Studies in Regulation

by Nessa Lynch

Laws 2024, 13(3), 35; https://doi.org/10.3390/laws13030035 - 7 Jun 2024

Cited by 1 | Viewed by 3698

Abstract

Technology-enabled state surveillance has evolved rapidly to allow real-time remote tracking and surveillance of people and vehicles and the aggregation of vast amounts of data on people and their movements, networks, and relationships. Facial recognition technology (FRT) comprises a suite of technologies that [...] Read more.

Technology-enabled state surveillance has evolved rapidly to allow real-time remote tracking and surveillance of people and vehicles and the aggregation of vast amounts of data on people and their movements, networks, and relationships. Facial recognition technology (FRT) comprises a suite of technologies that allows verification, identification, and categorisation by analysing a person’s facial image. Such technologies impact fundamental rights, such as privacy, freedom of expression, and freedom of assembly, but can also be used to detect, investigate, and deter serious crime and harm and to counter threats to security, thus promoting collective interests in security and public safety. These impacts have been considered in terms of scholarship and advocacy, but the shape of principled regulation is less well traversed. This contribution examines three contemporary case studies of the regulation of FRT in policing and security to analyse the challenges in regulating this technology. Full article

(This article belongs to the Special Issue Law and Emerging Technologies)

21 pages, 337 KiB

Open AccessArticle

Child Welfare, Immigration, and Justice Systems: An Intersectional Life-Course Perspective on Youth Trajectories

by Marsha Rampersaud, Kristin Swardh and Henry Parada

Laws 2024, 13(3), 34; https://doi.org/10.3390/laws13030034 - 29 May 2024

Viewed by 1169

Abstract

This study explores how racialized migrant youth navigate Ontario’s child welfare, criminal justice, and immigration systems. Insights from youth, academics, practitioners, lawyers, policymakers, and social workers were gathered from a conference and contextualized using the Intersectional Life Course Theory and a critical phenomenological [...] Read more.

This study explores how racialized migrant youth navigate Ontario’s child welfare, criminal justice, and immigration systems. Insights from youth, academics, practitioners, lawyers, policymakers, and social workers were gathered from a conference and contextualized using the Intersectional Life Course Theory and a critical phenomenological framework. Our analysis focuses on timing, locally and globally linked lives, social identities, and resilience, and emphasizes the interconnectedness of individual experiences within societal structures. We review systemic challenges and ethical dilemmas for young migrants, particularly concerns about fairness in potential inadmissibility or deportation consequences. We propose systemic support measures to foster resilience and disrupt adverse trajectories in order to mitigate discriminatory practices and provide targeted support for youth within these systems. Full article

(This article belongs to the Special Issue The Human Rights of Migrants)

23 pages, 469 KiB

Open AccessArticle

Redefining Boundaries in the Metaverse: Navigating the Challenges of Virtual Harm and User Safety

by Mohamed Chawki, Subhajit Basu and Kyung-Shick Choi

Laws 2024, 13(3), 33; https://doi.org/10.3390/laws13030033 - 24 May 2024

Cited by 2 | Viewed by 2498

Abstract

This paper analyses sexual crimes within the Metaverse to develop an effective legal framework. The aim is to enhance safety in virtual realities, ensuring the Metaverse remains a secure, respectful, and liberating environment for all users. As the Metaverse continues to evolve, merging [...] Read more.

This paper analyses sexual crimes within the Metaverse to develop an effective legal framework. The aim is to enhance safety in virtual realities, ensuring the Metaverse remains a secure, respectful, and liberating environment for all users. As the Metaverse continues to evolve, merging augmented physical reality with digital existence, it introduces new opportunities for socialisation, commerce, education, and entertainment. However, this digital realm also faces significant challenges, particularly the increase in sexual violence. This article evaluates the development of the Metaverse and its impact on sexual offences. It provides an overview of the Metaverse, followed by an in-depth exploration of the nature of sexual violence in this virtual space, its effects on victims, and the resulting legal and ethical issues. Additionally, this article examines the complexities of combating sexual violence within the Metaverse, reviewing the legal frameworks in various jurisdictions, including the United States, the European Union, the United Kingdom, and South Korea. These examinations reveal a range of legal viewpoints and possible solutions. This article outlines a proposed legal framework, highlighting key strategic areas for mitigating sexual violence in the Metaverse. The primary objective is to enrich the discourse on the Metaverse, pushing for strong, flexible, and holistic legal measures. Through this research, we aim to contribute to the creation of protective mechanisms against sexual violence in these emerging virtual landscapes. Full article

(This article belongs to the Topic Emerging Technologies, Law and Policies)

30 pages, 338 KiB

Open AccessArticle

Incentivizing Civic Engagement at Public and Private Universities: Tax Exemptions, Laws, and Critical Dialogues

by Eric Morrow, Casey Thompson, Payton Jones and Boleslaw Z. Kabala

Laws 2024, 13(3), 32; https://doi.org/10.3390/laws13030032 - 22 May 2024

Viewed by 1024

Abstract

What are the differences in how public and private institutions of higher education, with religious schools as a subset of private colleges and universities, approach on-campus protests in a framework of civic engagement? Unfortunately, public, private, and religious schools have all restricted opportunities [...] Read more.

What are the differences in how public and private institutions of higher education, with religious schools as a subset of private colleges and universities, approach on-campus protests in a framework of civic engagement? Unfortunately, public, private, and religious schools have all restricted opportunities of speech, assembly, and protest, despite in many cases state and federal courts ruling that this is against the law. With the goal of increasing the civic capacities of students at all institutions of higher education, we propose a mechanism of partial revocation of tax exemptions at universities that do not currently uphold a robust understanding of civic engagement opportunities for all students, which will apply to any college or university receiving federal funding, consistent with the constitutional tradition of free speech still exemplified by Brandenburg v. Ohio and the “national policy” test of Bob Jones University vs. United States. In doing so, we build on the critique of exemptions in the recent work of Vincent Phillip Munoz on religious liberty. By opting only for incentives and by not even incentivizing private institutions that continue to restrict civic engagement but that do not accept federal dollars, we affirm and support a mutually beneficial ongoing dialogue among public, private, and religious schools. This dialogue, as it is sharpened and maintained in place by our recommended policies, is also consistent with pluralism as conceptualized by Jacob Levy. Full article

(This article belongs to the Special Issue Civic Engagement, Justice, and the Law in a National and International Context)

10 pages, 234 KiB

Open AccessArticle

Algorithmic Exploitation in Social Media Human Trafficking and Strategies for Regulation

by Derek M. Moore

Laws 2024, 13(3), 31; https://doi.org/10.3390/laws13030031 - 20 May 2024

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Abstract

Human trafficking thrives in the shadows, and the rise of social media has provided traffickers with a powerful and unregulated tool. This paper delves into how these criminals exploit online platforms to target and manipulate vulnerable populations. A thematic analysis of existing research [...] Read more.

Human trafficking thrives in the shadows, and the rise of social media has provided traffickers with a powerful and unregulated tool. This paper delves into how these criminals exploit online platforms to target and manipulate vulnerable populations. A thematic analysis of existing research explores the tactics used by traffickers on social media, revealing how algorithms can be manipulated to facilitate exploitation. Furthermore, the paper examines the limitations of current regulations in tackling this online threat. The research underscores the urgent need for collaboration between governments and researchers to combat algorithmic exploitation. By harnessing data analysis and machine learning, proactive strategies can be developed to disrupt trafficking networks and protect those most at risk. Full article

(This article belongs to the Topic Emerging Technologies, Law and Policies)

14 pages, 234 KiB

Open AccessArticle

Law, Technology, and Our Governance Dilemma

by Roger Brownsword

Laws 2024, 13(3), 30; https://doi.org/10.3390/laws13030030 - 10 May 2024

Viewed by 1374

Abstract

This article highlights a dilemma that we face when we turn to new tools that promise to improve on law’s imperfect governance. On the one hand, our discontent with law’s governance is both broad and deep, and much of it is rooted in [...] Read more.

This article highlights a dilemma that we face when we turn to new tools that promise to improve on law’s imperfect governance. On the one hand, our discontent with law’s governance is both broad and deep, and much of it is rooted in the human nature of the legal enterprise. Yet, we remain attached to the essentially human nature of law’s governance. On the other hand, we recognise the potential benefits in technological governance but not without some displacement of the human element. Caught on the horns of this dilemma, we attempt to limit the loss of the human element by insisting that governance must be compatible with human rights or human dignity, or, more directly, that governance must limit the applications of technology so that they remain human-centric. Given a demand for human-centric applications of technologies, we consider how far humans might, and should, go in deploying new tools with a view to improving law’s imperfect governance. Should these tools be limited to assisting humans? Or, might they replace humans? Or might we even govern by technological management of places, products, and processes so that reliance on both humans and rules is reduced? It is concluded that, in all spheres of governance and in all human communities, the one thing that is essential is that the applications of new technologies are controlled so that they do not undermine the generic conditions which are presupposed by viable groups of human agents. Full article

(This article belongs to the Special Issue Law and Emerging Technologies)

19 pages, 1528 KiB

Open AccessArticle

Establishing Boundaries to Combat Tax Crimes in Indonesia

by Dwi Nurferyanto and Yoshi Takahashi

Laws 2024, 13(3), 29; https://doi.org/10.3390/laws13030029 - 4 May 2024

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Abstract

Enforcing criminal tax law in Indonesia presents a critical yet challenging task, because of the intricate interplay between tax and criminal law interests. The Indonesian Government has introduced leniency in tax criminal law enforcement, guided by the ultimum remedium principle, where criminal sanctions [...] Read more.

Enforcing criminal tax law in Indonesia presents a critical yet challenging task, because of the intricate interplay between tax and criminal law interests. The Indonesian Government has introduced leniency in tax criminal law enforcement, guided by the ultimum remedium principle, where criminal sanctions are considered as a last resort. Under this policy, tax offenders can absolve themselves from legal liability. However, such leniency throughout the enforcement process can lead to perceptions of injustice within society. This research uses descriptive, evaluative, and normative juridical methods to examine Indonesia’s approach to enforcing criminal tax laws within the framework of tax and legal interests. Our findings reveal that the current policies heavily favor taxpayer interests by providing numerous concessions to offenders. This trend is concerning, as it may result in a surge of tax crime cases. Conversely, adopting the primum remedium principle, where criminal sanctions are the initial response, poses the risk of harsh legal consequences. In light of these challenges, we propose a balanced approach incorporating elements of both ultimum and primum remedium principles to establish clear boundaries and provisions within criminal tax law enforcement policies. By doing so, we aim to accommodate tax interests while upholding legal interests. Full article

(This article belongs to the Section Criminal Justice Issues)

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20 pages, 386 KiB

Open AccessArticle

The Challenge of Defining the Secular

by Georgina Clarke and Renae Barker

Laws 2024, 13(3), 28; https://doi.org/10.3390/laws13030028 - 2 May 2024

Viewed by 1888

Abstract

Judges have long wrestled with the gigantean task of defining religion, with some describing the task as being ‘called upon to ponder the imponderable’, an impossible task, and even misguided. Despite these sentiments, and comments in almost every legal definition expressing the impossibility [...] Read more.

Judges have long wrestled with the gigantean task of defining religion, with some describing the task as being ‘called upon to ponder the imponderable’, an impossible task, and even misguided. Despite these sentiments, and comments in almost every legal definition expressing the impossibility of the task, judges have, in fact, been able to come up with numerous legal definitions for religion. These have been applied in myriad circumstances to define the outer limits of the rights and responsibilities of states, religious communities, organisations, and individuals. By contrast, the term secular has rarely been judicially defined. However, it is no-less important in defining the rights and responsibilities of states and their citizens and residents, particularly in light of the number of states that claim, implicitly or explicitly, to be secular. This paper, therefore, (re)examines the definition of the secular as it pertains to the concept of the secular state. It considers the need for a legal definition of the secular with particular reference to constitutional and other legal instruments that include the term. It then examines the difference between the terms secular, secularisation and secularism, noting the often erroneous conflation as well as the inevitable interaction and overlap between these key concepts. Finally, drawing on existing classifications of legal definitions of religion, the paper classifies definitions of the secular into three overarching classifications, namely ‘historical’, ‘substantive’ and ‘characteristic’. Full article

16 pages, 305 KiB

Open AccessArticle

The Danger of the Interpretation of Facts: Legal Uncertainty in the Spanish Saga Cases

by Nataša Rajković

Laws 2024, 13(3), 27; https://doi.org/10.3390/laws13030027 - 28 Apr 2024

Cited by 1 | Viewed by 1309

Abstract

Enhancing legal certainty is one of the main values that are sought in the investor–state dispute settlement system. The importance of legal certainty is strengthened in the case of renewable energy investments, which are in the global public interest, long-term and capital-intensive up-front. [...] Read more.

Enhancing legal certainty is one of the main values that are sought in the investor–state dispute settlement system. The importance of legal certainty is strengthened in the case of renewable energy investments, which are in the global public interest, long-term and capital-intensive up-front. The first part of the paper presents the importance of legal certainty in investment arbitration in general, its limits and its importance in the context of the green energy transition. In addition, it addresses the special features of renewable energy investments. The second part of the paper analyses from the perspective of legal certainty the Spanish renewable energy cases initiated under the Energy Charter Treaty (ECT), which deal with similar factual and legal issues. In this respect, the paper presents the varying weight tribunals gave to the important facts that led them further to conclude whether Spain breached the fair and equitable treatment standard, and if so, whether the investor was entitled to full compensation or a reasonable rate of return. In addition, it presents different approaches to perceiving the stability provision of Article 10 (1) of the ECT. The paper concludes that it remains uncertain to what extent RE investors will be protected under the ECT’s stability condition in the case of fundamental or small-scale changes. Although one group of arbitrators may argue that the fundamental change triggers per se a breach of a stability condition, others may argue that for the breach to be established, the host state’s measures must be arbitrary, unreasonable or discriminatory. Moreover, the threat to legal certainty might not only be the vague provisions of the ECT but also the significant discretion tribunals have towards the interpretation of facts, leading to different outcomes. Indeed, it is at the discretion of arbitrators to consider whether the timing of investment, presence of evidence indicating possible regulatory changes, and the reasonable rate of return prescribed in Spain’s domestic law will be relevant or irrelevant. Full article

(This article belongs to the Special Issue The Climate Change International Investment and Trade Disputes: Legal and Political Implications)

28 pages, 319 KiB

Open AccessArticle

The Judicialisation of Parliamentary Privilege in Canada: A Cautionary Tale

by Lorne Neudorf

Laws 2024, 13(3), 26; https://doi.org/10.3390/laws13030026 - 26 Apr 2024

Viewed by 1538

Abstract

Over the past few decades, Canadian courts have exerted strong influence over the meaning and operation of parliamentary privileges. Starting with a television producer’s Charter rights claim to access a provincial legislature’s public gallery and followed by an employment law claim made by [...] Read more.

Over the past few decades, Canadian courts have exerted strong influence over the meaning and operation of parliamentary privileges. Starting with a television producer’s Charter rights claim to access a provincial legislature’s public gallery and followed by an employment law claim made by the chauffeur to the Speaker of the House of Commons, the Supreme Court of Canada has articulated an approach under which judges closely scrutinise privileges invoked by legislatures when defending themselves against litigated claims. By applying the doctrine of necessity, Canadian courts make authoritative rulings on what counts as a valid legislative function and the processes and activities needed to fulfil those functions. Canadian courts also require the scope of parliamentary privileges to be pleaded in narrow terms that correspond to the details of a plaintiff’s claim, which has resulted in a hollowed-out conception of privilege over time. In scrutinising the necessity and scope of privilege, Canadian courts have chipped away at the separation of powers. Further, the Canadian approach unjustifiably prioritises the judicial vindication of private rights over the institutional needs of the legislature. Courts in other jurisdictions should reject the Canadian approach and avoid scrutinising the propriety of the exercise of privilege through a necessity test. Instead, courts should engage in a more limited jurisdictional test to confirm the availability of a relevant category of parliamentary privilege in law or historical practice. Judicialising parliamentary privileges weakens the autonomy and vitality of legislative institutions, with the Canadian approach serving as a cautionary tale. Ultimately, the legislature is accountable to the electorate for the exercise of its privileges. To promote fairness and reduce the risk of court interference, parliaments should strengthen the accountability and transparency associated with the exercise of their privileges, including by developing guidelines for their appropriate use. Full article

13 pages, 205 KiB

Open AccessArticle

Human and Divine Law at the Secular University: The Divide between Classical Liberalism and Post-Classical Liberalism

by Owen Anderson

Laws 2024, 13(3), 25; https://doi.org/10.3390/laws13030025 - 24 Apr 2024

Viewed by 1927

Abstract

The American university has been guided by classical liberalism in its defense of the freedom of speech and academic freedom. The idea is that a university is a place where all ideas and perspectives can be debated. However, this idea is increasingly being [...] Read more.

The American university has been guided by classical liberalism in its defense of the freedom of speech and academic freedom. The idea is that a university is a place where all ideas and perspectives can be debated. However, this idea is increasingly being challenged by those who want the secular university to be a place that advances a social philosophy that promises to transform society by dismantling structural racism and providing for greater equity. In this article, I will argue that both of these models have been shaped by democratic legal ideals and both share a common skeptical assumption about the basic questions of meaning that each person must answer. The legal structures developed by Westphalian modernity attempt neutrality on questions about meaning. This can be seen even in recent Supreme Court decisions affirming the individual’s right to determine meaning for themselves. This skeptical root has produced the conflict between classical liberals and the social transformation that we are witnessing at our universities. I argue for a third option that I find in the Declaration of Independence, which affirms that we can and should know the answers to basic questions which then provide the foundation for education and law. Full article

(This article belongs to the Special Issue Civic Engagement, Justice, and the Law in a National and International Context)

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Laws, Volume 13, Issue 3 (June 2024) – 14 articles

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