The Developing Role of Supervisor in Germany: Legal Issues, Challenges and Reforms

Gestational Surrogacy: Consistent Laws are Necessary to Provide Effective Treatment

Increasing computing power, the constant development of different types of digital tools or even the use of AI systems – they all provide the EU administration with an opportunity to use automated decision-making (ADM) tools to improve the effectiveness and efficiency of administrative action. At the same time, however, the use of these tools raises several concerns, issues or challenges. From a legal perspective, there is a risk of compromising or reducing the accountability of public actors. The use of new technologies in decision-making may also affect fundamental values and principles of the EU as a whole. Automation, the use of large amounts of data and the extremely rapid processing of such data may affect or jeopardise the rights of individuals protected by EU law, including the fundamental rights guaranteed by the EU Charter. In order to keep administrative action within the limits of the law and to guarantee the rights of individuals, it is necessary to keep an eye on the various legal challenges associated with these phenomena. This article looks at three inter-connected levels of automated decision-making – the data, the ADM tool and the way it is programmed, and the output and its reviewability – and presents the legal issues or challenges associated with each of these levels.

This article examines some of the European Union (EU) and World Trade Organization (WTO) legal issues that emerge for the United Kingdom’s (UK) public procurement law and policies following Brexit. It analyses the consequences and sequencing of international negotiations that must now take place since the UK triggered Article 50(2) of the Treaty on the European Union (TEU). Once the UK revokes the European Communities Act 1972, it will no longer be obligated to follow either the Treaty on the Functioning of the European Union (TFEU) or the EU Procurement Directives. Nor will the UK be subject to the commitments the EU has signed up to on behalf of the UK in the WTO Government Procurement Agreement (GPA) and in its Regional Trade Agreements (RTAs). After examining the legal issues concerned with sequencing, the article moves on to assess the domestic, centrifugal forces that will also impact the UK’s public procurement law post-Brexit. Under the Devolution Settlement of 1998, the competence for public procurement was devolved down to the regions of Scotland, Northern Ireland, England and Wales. The article postulates that the legal issues of disintegration that have surfaced under Brexit could potentially fragment a coherent UK wide procurement policy, competition and value for money internally; as well as externally towards the WTO GPA, the EU and other regional procurement agreements. The article puts forward a competition approach to address some of the potentially negative consequences of Brexit undermining value for money, transparency and integration in the UK’s lucrative markets for government procurement. It concludes with the limited hope that the legal and economic issues and challenges resulting from the UK’s referendum on membership of the EU will be a salutatory lesson for all other nations.

Emergency medical care effectively embarks on new frontiers to augment the levels of diagnostic accuracy, complexity of treatment options, and rapidity of interventions in the critical period. This will compose an approach that the machine can cater to extensive volumes of data very fast, providing its recommendations almost instantaneously and based on the best research evidence, thus improving patient outcome characteristics during on-call situations. In this respect, integrating AI within this domain raises moral, legal, and social issues; all of which will have to be addressed to ensure that the AI is both safe and efficient. Some of the advantages that may result from the provision of AI included within emergency care are: assisting healthcare workers in fast and accurate decision making, resource allocation and optimization and provision of personalized treatment to every patient. When AI systems make decisions without adequate patient input, it may lead to loss in the process of doctor-patient interaction with increased reliance on technology. The privacy and confidential information emerge to a certain extent in connection to the secure management of sensitive patient information by AI systems. Some of the key issue is that the legal complications in emergencies are precarious in nature because there may not always be time to obtain informed consent, which brings into question the respect for patient autonomy and accountability. It brings out a holistic approach in handling such issues and enables the easy setting of liability frameworks that are responsible and well-balanced.

This article explores some of the legal and law-related challenges educators face in designing, implementing, and sustaining globally networked learning environments (GNLEs) in the context of conflicting international laws on intellectual property and censorship/free speech. By discussing cases and areas involving such legal issues, the article makes visible some of the issues educators may want to consider as they design courses and curricula. First, using the Pakistani–US case of Axact v. Student Network Resources, the author examines issues of authorship and the related issues of copyright law and plagiarism. The author then addresses questions, moral rights, and authorship using the French case of Turner v. Huston. Next, the author explores issues of free speech/censorship and defamation as they have arisen globally in the blogosphere. The author describes several specific instances where such issues have resulted in legal consequences for the digital writer involved. The author then develops a possible solution to some of these legal issues arising in GNLEs by way of the idea of ‘the commons’. In this area of the discussion, the author also examines Creative Commons licensing as well as problems with protecting the appropriation and exploitation of traditional knowledge, and the politics of defining ‘the commons’. The author draws on discussions around the global repatriation debate to inform her exploration in this section. Finally, the article concludes with some recommendations, taking into account the legal and law-related issues of copyright, plagiarism, censorship, defamation, and defining ‘the commons’ as these issues arise in GNLEs.

The Cloud Security Ecosystem

This study examines the legal challenges associated with regulating social media campaigns in the context of the 2024 Indonesian general election. With the increasingly massive use of social media in politics, there are legal issues that arise related to political campaigns on these platforms. This study considers challenges such as the spread of false information (hoaxes), attempts to bring down political opponents through detrimental content, and unclear regulations related to social media campaigns. The research method used is a normative analysis focused on existing legislation and a descriptive approach to understand the development and impact of social media campaign practices. The results of this study are expected to provide insight into the legal issues that arise in political campaigns on social media, as well as provide a basis for the preparation of more effective regulations in addressing these challenges in the 2024 election. Laws that can be used to face these legal challenges include Law Number 7 of 2017 concerning Elections and Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE). The provisions in these laws serve as the legal basis for regulating the implementation of campaigns on social media and responding to legal challenges that may arise in the context of the 2024 Election.

This study aims to systematically review the trajectory of artificial intelligence (AI) development in the medical field, with a particular emphasis on ChatGPT, a cutting-edge tool that is transforming oncology's diagnosis and treatment practices. Recent advancements have demonstrated that ChatGPT can be effectively utilized in various areas, including collecting medical histories, conducting radiological & pathological diagnoses, generating electronic medical record (EMR), providing nutritional support, participating in Multidisciplinary Team (MDT) and formulating personalized, multidisciplinary treatment plans. However, some significant challenges related to data privacy and legal issues that need to be addressed for the safe and effective integration of ChatGPT into clinical practice. ChatGPT, an emerging AI technology, opens up new avenues and viewpoints for oncology diagnosis and treatment. If current technological and legal challenges can be overcome, ChatGPT is expected to play a more significant role in oncology diagnosis and treatment in the future, providing better treatment options and improving the quality of medical services.

Students’ early morning decisions about what to wear to school have led many school districts into legal issues and policy challenges. Confederate belt buckles, exposed bellies, sagging pants, political statements, and social commentary have all been banned from schools, and these bans have often resulted in litigation by students who claim their constitutional right to free speech has been violated. Student Dress Codes and the First Amendment: Legal Challenges and Policy Issues explores the legal issues that arise when a school prohibits various types of student attire. Through an analysis of major Supreme and federal court cases, this volume examines conflicts that arise when administrators juggle a student’s right to free speech with the need to maintain an environment conducive to learning.

PurposeArtificial intelligence (AI) has sparked interest in various areas, including marketing. However, this exhilaration is being tempered by growing concerns about the moral and legal implications of using AI in marketing. Although previous research has revealed various ethical and legal issues, such as algorithmic discrimination and data privacy, there are no definitive answers. This paper aims to fill this gap by investigating AI’s ethical and legal concerns in marketing and suggesting feasible solutions.Design/methodology/approachThe paper synthesises information from academic articles, industry reports, case studies and legal documents through a thematic literature review. A qualitative analysis approach categorises and interprets ethical and legal challenges and proposes potential solutions.FindingsThe findings of this paper raise concerns about ethical and legal challenges related to AI in the marketing area. Ethical concerns related to discrimination, bias, manipulation, job displacement, absence of social interaction, cybersecurity, unintended consequences, environmental impact, privacy and legal issues such as consumer security, responsibility, liability, brand protection, competition law, agreements, data protection, consumer protection and intellectual property rights are discussed in the paper, and their potential solutions are discussed.Research limitations/implicationsNotwithstanding the interesting insights gathered from this investigation of the ethical and legal consequences of AI in marketing, it is important to recognise the limits of this research. Initially, the focus of this study is confined to a review of the most important ethical and legal issues pertaining to AI in marketing. Additional possible repercussions, such as those associated with intellectual property, contracts and licencing, should be investigated more deeply in future studies. Despite the fact that this study gives various answers and best practices for tackling the stated ethical and legal concerns, the viability and efficacy of these solutions may differ depending on the context and industry. Thus, more research and case studies are required to evaluate the applicability and efficacy of these solutions in other circumstances. This research is mostly based on a literature review and may not represent the experiences or opinions of all stakeholders engaged in AI-powered marketing. Further study might involve interviews or surveys with marketing professionals, customers and other key stakeholders to offer a full knowledge of the practical difficulties and solutions. Because of the rapid speed of technical progress, AI’s ethical and regulatory ramifications in marketing are continually increasing. Consequently, this work should be a springboard for more research and continuing conversations on this subject.Practical implicationsThis study’s findings have several practical implications for marketing professionals. Emphasising openness and explainability: Marketing professionals should prioritise transparency in their use of AI, ensuring that customers are fully informed about data collection and utilisation for targeted advertising. By promoting openness and explainability, marketers can foster customer trust and avoid the negative consequences of a lack of transparency. Establishing ethical guidelines: Marketing professionals need to develop ethical rules for the creation and implementation of AI-powered marketing strategies. Adhering to ethical principles ensures compliance with legal norms and aligns with the organisation’s values and ideals. Investing in bias detection tools and privacy-enhancing technology: To mitigate risks associated with AI in marketing, marketers should allocate resources to develop and implement bias detection tools and privacy-enhancing technology. These tools can identify and address biases in AI algorithms, safeguard consumer privacy and extract valuable insights from consumer data.Social implicationsThis study’s social implications emphasise the need for a comprehensive approach to address the ethical and legal challenges of AI in marketing. This includes adopting a responsible innovation framework, promoting ethical leadership, using ethical decision-making frameworks and conducting multidisciplinary research. By incorporating these approaches, marketers can navigate the complexities of AI in marketing responsibly, foster an ethical organisational culture, make informed ethical decisions and develop effective solutions. Such practices promote public trust, ensure equitable distribution of benefits and risk, and mitigate potential negative social consequences associated with AI in marketing.Originality/valueTo the best of the authors’ knowledge, this paper is among the first to explore potential solutions comprehensively. This paper provides a nuanced understanding of the challenges by using a multidisciplinary framework and synthesising various sources. It contributes valuable insights for academia and industry.

The authors explore the results of a study that assessed the types and frequency of legal issues encountered by counselors and counselors’ perceptions of their ability to respond to these issues. They also assessed whether the participants’ perceptions were related to practice setting, years of experience, completion of a course in ethics, recent completion of continuing education in ethics or legal issues, state licensure status, certification by the National Board of Certified Counselors (NBCC), and highest degree earned. Results demonstrate that counselors feel most prepared to deal with situations encountered most often, but that school counselors do not feel as prepared to face most ethical and legal issues.

The objective of this research is to examine the discourse surrounding corruption, with a particular focus on whether it is perceived as a legal issue or a moral issue. This research was conducted in response to the shortcomings of scholars' analysis in discussing the issue of corruption. Furthermore, in light of the considerable number of corruption cases globally, particularly in Indonesia, it is imperative that the government and relevant stakeholders reframe corruption as a national concern. This research is a descriptive qualitative study, employing data collection techniques through literature studies and analysis using deductive syllogism tools. The research concluded that corruption has become a social disease that continues to spread from upstream to downstream of human life. Currently, corruption is only focused on legal reform, whereas the root or heart of corruption is morality. Corruption is a moral issue, not a legal issue; therefore, it must be addressed through a moral, ethical, and transcendental approach.

The international regime for climate change is embodied in the 1992 United Nations Framework Convention on Climate Change (UNFCCC) and the 1997 Kyoto Protocol. The Kyoto Protocol sets the mandatory quantified emissions limitation and reduction (QELAR) targets of greenhouse gases (GHGs) for Annexure I developed countries. However, it excludes the maritime transport sector from its purview and mandates the International Maritime Organisation (IMO) to address the issue of the mitigation of marine GHG emissions. Inter-governmental negotiations are underway in this regard, within the framework of the IMO's Marine Environment Protection Committee (MEPC). Presently, there is an impasse in the negotiations as nations have failed to arrive at a consensus on the contents of the regulatory framework for the mitigation of marine GHG emissions. This paper seeks to identify the legal issues and challenges in mitigating marine GHG emissions in post-Kyoto policy and to contribute to the ongoing debate on the challenges before the Conference of Parties (COP15)/Meeting of Parties (MOP5) of the Kyoto Protocol in addressing the issue of mitigation of marine bunker emissions. It provides an overview of the ongoing inter-governmental negotiations on post-Kyoto climate regime from the maritime transport perspective and reviews IMO's work on mitigating GHG emissions. It analyses the legal issues that add to the intricacies of bunker fuel negotiations due to limited jurisdiction of the countries in controlling emissions from maritime transport activities occurring outside their national borders. It looks at a number of legal issues, like “common but differentiated responsibilities (CBDR),” “flag of convenience” etc., that need to be resolved for evolving a mandatory regulatory framework for mitigation of marine GHG emissions.

The role of artificial intelligence (AI) in the legal field holds significant potential for development. The application of this technology can make the legal system faster, more accurate, and more accessible. However, the use of AI also introduces ethical, legal, and social issues. In the future, appropriate legislative initiatives and ethical regulations must be established to ensure that the use of AI in the legal domain aligns with the principles of justice, transparency, and the rule of law. From this perspective, the article explores the development of AI, its role in the legal field, how this technology will impact the legal system in the future, its benefits and risks, and the associated ethical and legal issues.

This chapter discusses legal and ethical issues that healthcare providers often face when caring for older adults. These challenges may involve balancing autonomy and safety concerns in both community and nursing home settings. Healthcare providers who work with elderly patients often encounter clinical challenges related to cognitive deficits, including questions of decision-making capacity, power of attorney/guardianship, and end-of-life care. Healthcare providers treating older adults must navigate a complex array of medical and psychosocial issues that give rise to ethical dilemmas concerning autonomy, patient welfare, and social justice. Potentially disabling effects of neuropsychiatric conditions, which disproportionately affect older adults, may compromise their autonomy. This chapter covers legal issues and challenges in both the criminal justice system and long-term care settings, which require healthcare providers to be familiar with the legal framework to act in the best interest of patients.