Bad Law Research Articles

Do Cases Generate Bad AI Law?

There’s an AI governance problem, but it’s not (just) the one you think. The problem is that our judicial system is already regulating the deployment of AI systems—yet we are not coding what is happening in the courts as privately driven AI regulation. That’s a mistake. AI lawsuits here and now are determining who gets to seek redress for AI injuries; when and where emerging claims are resolved; what is understood as a cognizable AI harm (and what is not), and why that is so. This Essay exposes how our judicial system is regulating AI today and critically assesses the governance stakes. When we do not adequately recognize how the generative AI cases being decided by today’s judges are already operating as a type of AI regulation, we fail to consider which emerging tendencies of adjudication about AI are likely to make good or bad AI law. For instance, litigation may do good agenda-setting and deliberative work as well as surface important information about the operation of private AI systems. But adjudication of AI issues can be bad too, given the risk of overgeneralization from particularized facts; the potential for too much homogeneity in the location of lawsuits and the kinds of litigants; and the existence of fundamental tensions between social concerns and current legal precedents. If we overlook these dynamics, we risk missing a vital lesson: AI governance requires better accounting for the interactive relationship between regulation of AI through the judicial system and more traditional public regulation of AI. Shifting our perspective creates space to consider new AI governance possibilities. For instance, litigation incentives (such as motivations for bringing a lawsuit or motivations to settle) or the types of remedies available may open up or close down further regulatory development. This shift in perspective also allows us to see how considerations that on their face have nothing to do with AI—such as access to justice measures and the role of judicial minimalism—in fact shape the path of AI regulation through the courts. Today’s AI lawsuits provide an early opportunity to expand AI governance toolkits and to understand AI adjudication and public regulation as complementary regulatory approaches. We should not throw away our shot.

Toxicological Impact of Brick Kiln Emissions on the Liver of Brick Kiln Workers and Residents

Pakistan is the third-largest brick-producing nation in South Asia, behind China and India. In Pakistan, there are over 20,000 brick kilns and 1.8 million brick kiln employees, 50% of them are in Punjab. Brick kilns in rural Punjabi communities like district Narowal still use antiquated methods and are subject to bad laws, which has a negative impact on people's health. A cross-sectional study was carried out in the Narowal district from January 2021 to January 2022 to examine the toxicological effects of brick kiln emissions on the liver. The participants were divided into three groups based on their demographic profiles in order to examine the relationship between appropriate liver function indices, such as ALT, AST, ALP, and bilirubin, and demographic factors like age, BMI, smoking index, and length of employment among exposed (residents and workers) and control groups. The outcome demonstrated that exposed workers and residents had mean ALT (p, 0.001), AST (p, 0.001), and ALP (p, 0.002) levels that were considerably higher than reference values. Bilirubin, a measure of the liver, remained negligible. Blood chemistry tests cannot establish the presence of liver disorders. Therefore, molecular-based follow-up investigations are required to assess the health concerns related to emissions from brick kilns.

Analysis Of Abortion Legislation from The Perspective Of "Good Law" And "Bad Law"

Analysis Of Abortion Legislation from The Perspective Of "Good Law" And "Bad Law"

Counterpoint: Tax Exceptionalism from Notice-and-Comment Rulemaking Procedures Is Bad Policy and Bad Law

Counterpoint: Tax Exceptionalism from Notice-and-Comment Rulemaking Procedures Is Bad Policy and Bad Law

Hard Cases Make Bad Law: Reflections on the South African Constitutional Court’s Jurisprudence on the Development of African Customary Law in South Africa

Judicial interpretation and adjudication are complex and controversial processes that the judiciary has been grappling with for centuries. This persists in modern constitutional judicial processes, particularly when adjudicating ‘hard cases.’ African customary law cases are indeed hard or difficult cases. This is especially so when it comes to the development of African customary law. This article reflects on the jurisprudence of the Constitutional Court of South Africa regarding the development of African customary law. It is concluded that although there were some commendable strides in the development of African customary law in a few cases at its inception, the court has in subsequent judgments faltered. In these ‘hard cases’ the court has, in many instances, adopted a conservative, formalistic, literalistic approach, often using technicalities to either avoid the development of African customary law or simply abdicate its judicial responsibility. This flies in the face of the project of transformative constitutionalism and produces bad law when it comes to the court’s jurisprudence on the development of customary law.

On the Relationship between Law and Morality

The relationship between law and morality is a controversial issue. The natural law school thinks that law must conform to morality, and puts forward bad law as illegal. The positive law school thinks that there is no necessary connection between law and morality, and law is independent, and puts forward bad law as well. This paper intends to study the viewpoints of natural law school and positive law school on this issue -- "Bad law is illegal or bad law is also law", and puts forward some views on this issue.

Plato’s Statesman: A Philosophical Discussion

<i>Plato’s Statesman: A Philosophical Discussion</i>

Land in PMNA KA. BPN 21 of 2020 Concerning Handling of Settlement of Land Cases in Land Registration

The land registration that is carried out does not guarantee that the names registered in the land book cannot be disputed if the registered name is not the real owner. The land registration activity produces a certificate of land rights, has a function for the owner and cannot be replaced. One of the functions of a certificate is as a powerful means of proof. Land registration aims to provide guarantees of legal certainty known as Rechts Cadaster/Legal Cadaster. the guarantee of legal certainty to be realized in this land registration includes certainty of the status of the registered rights, certainty of the subject of rights, and certainty of the object of rights. This land registration produces a certificate as proof of his rights. Legal certainty refers to the enactment of laws that are clear, permanent, consistent and consistent, the implementation of which cannot be influenced by subjective circumstances. Certainty and justice are not just moral demands, but factually characterize law. A law that is uncertain and does not want to be fair is not just a bad law

HUKUM PIDANA MERUPAKAN HUKUM JELEK

Criminal law is a bad law, if a criminal sentence is imposed on someone, it will experience such a heavy misery, criminal law is no longer relevant to its implementation and what is most feared in criminal law is its implementation by law enforcers who have the authority which is still being influenced. by political interests. The paradigm of criminal law adopted is the paradigm of modern criminal law, which is not retributive. In this study, there are several problem formulations, namely first, what makes criminal law a bad law? second, what is the paradigma of modern criminal law? and in this study has a normative research method.

Critiquing Capital Punishment in the United States: an Argument That the Death Penalty is Both Bad Law and Bad Policy

Critiquing Capital Punishment in the United States: an Argument That the Death Penalty is Both Bad Law and Bad Policy

Fast-Track Legislation Mechanism as an Alternative to the Formation of Legislation in Indonesia

The formation of laws and regulations that take a short time to be formulated may have procedural defects in the process of their formation, such as procedural violations, non-implementation of one or several procedures for their formation and insufficient quality of implementation of the procedures for their formation. Consequently, the legislative process in Indonesia leads to poor conditions, causing problems in the formation of laws and regulations. The practice of making laws and regulations in a short period carried out by the legislature seems to apply the mechanism of fast-track legislation. However, this fast process is not in accordance with the positive law that regulates it. Therefore, the mechanism of fast-track legislation is seen as an alternative to the formation of laws and regulations to prevent the practice of forming bad laws and regulations from being repeated continuously. This research is normative juridical research, with a statutory approach and a comparative law approach. This research journal aims to examine the effectiveness of the fast-track legislation mechanism when used as an alternative to the formation of legislation in Indonesia.

Sometimes Even Easy Rule of Law Cases Make Bad Law

Sometimes Even Easy Rule of Law Cases Make Bad Law

A Comparative Study of Data Protection Laws: Current Global Trends, Challenges and Need of Reforms in India

“The best way to get a bad law repealed is to enforce it strictly.” Abraham Lincoln’s legacy is still relevant in this decade. The 21st century is sometimes referred to as “the information age” because of the tremendous growth in the variety of ways we use information. India is rapidly transforming into digital economy. India has also been affected by the digital revolution. Recognizing its importance and the potential for significant disruption in practically every area of society, Indian government devised and implemented the “Digital India” plan. India is on track to develop into a digital economy with a substantial market for foreign businesses. In January 2022, there were 658.0 million internet users in India. Between 2021 and 2022, there were 47 million more internet users in India (+8.2 percent). Internet penetration in India stood at 47.0% in January 2022.&#x0D; Data security and protection are crucial given the world’s increasing digitization. Processing of personal data is increasingly widespread, despite the fact that the shift to a digital economy is still in progress. Today’s digital environment makes it so that almost every action a person takes involves some sort of data transaction. New markets have emerged as a result of the Internet, particularly those whose business plans directly or indirectly involve the collection, organisation, and processing of personal data.&#x0D; It is pertinent and strange to mention the fact here that, “the world’s largest taxi company UBER owns no vehicles; Facebook, the world’s most popular social media platform, creates no content; Alibaba, the most valuable retailer, has no inventory; similarly, Airbnb, the world’s largest accommodation provider, owns no real estate”. All of these are the “Data Driven” and not the “information driven” companies. It indicates that the company collects, analyses, and applies data to make important decisions. It is a serious matter of concern around the world when it comes with right to privacy of an individual. This study deals with current data protection laws, challenges and reforms in India.

The Validation Principle and Arbitration Agreements: Difficult Cases Make Bad Law

The Validation Principle and Arbitration Agreements: Difficult Cases Make Bad Law

Bad Law: Rethinking Justice for a Postcolonial Canada

BOOK REVIEW: Bad Law: Rethinking Justice for a Postcolonial Canada

Section 29A of India’s Insolvency and Bankruptcy Code: an instance of hard cases making bad law?

ABSTRACT The Insolvency and Bankruptcy Code (IBC) of India which offers a mode of reorganisation for distressed corporations prevents promoters and directors with non-performing assets from submitting plans to rescue their company. This provision is contained under section 29A of the IBC. Judicial interpretation has required corporate reorganisations under India's Companies Act to give effect to the limitations under section 29A as well. The introduction and application of section 29A is reflective of a broader scepticism towards allowing promoters and directors whose companies entered financial distress from regaining control. This article evaluates whether section 29A has addressed the problems it had set out to and finds that some ineligibilities prescribed for the incumbent management under section 29A can be relaxed. It also uses the example of the United Kingdom's insolvency regime (with which India bears similarities) to explain why resolution plans from the incumbent management should not be disallowed.

A Sustainability Crisis Makes Bad Law! - Towards Sandbox Thinking in EU Sustainable Finance Law and Regulation -

A Sustainability Crisis Makes Bad Law! - Towards Sandbox Thinking in EU Sustainable Finance Law and Regulation -

Fullerowski paradygmat (nie)dobrego prawa i jego aktualność „hic et nunc”

The subject of the article is Fuller’s concept of the (not) good law paradigm defined by three notions: “internal morality of law,” “natural law of a formal nature,” and “formal rule of law” — in the perspective of its application in the current legal order of the Republic of Poland. The discourse was conducted in two stages: on a general, theoretical, and axiological levels as well as on a detailed, practical, and praxeological ones.&#x0D; The epistemological level with its retrospective view bears resemblance of two models: bad law and good law. The first, encapsulated in literary legal fiction, describes eight cases (anti-values) of King Rex’s legislative failures. King Rex is monarch with authoritarian and conservative traits who excludes the system of government based on the proportional cohabitation of three powers — legislative, executive, and judicative — in favour of anocracy, which is a hybrid regime “suspended” between democracy and authoritarianism. The second is a remedy in the form of axiological contours, postulates (values) of good law: generality, promulgation, prospectivity, clarity, non-contradiction, reality, stability, and compliance. These principles of the formal rule of law, contained in the concept of “soft” jusnaturalism, are a specific professional and ethical code for the public authority which constitutes, executes, and applies the law.&#x0D; The practical-cognitive level refers to subjectively selected examples of abusing the good lawstandard in the Polish legal and administrative order. It shows the omnipotent and simultaneously dysfunctional executive power in the area of governance and administration, aimed at a radical reconstruction of the social and legal system.

THE PERSPECTIVE OF THE RESIDENTS OF SOHARB GOTH ABOUT THE AFGHAN REFUGEES IN THEIR COMMUNITY

The purpose of this study was to analyze the impact casted on local residents of Sohrab Goth, Karachi during 1990-2015, due to the massive migration of Afghans to this area. A Mixed Research was carried out to observe changes in the social trends of the people living there before 1990 and after the arrival of Afghan refugees till 2015. As this report was based upon the opinions of the residents of Sohrab Goth, therefore Frequency Distribution along with Bar-Chart was used to indicate the general perception of the respondents. Sampling size was kept 30 selected by convenience method. Interviews were conducted from local residents of Sohrab Goth. The survey included the old Pashtuns men and women living in Sohrab Goth for years. Besides, young Pashtuns working in posh areas of Karachi as sales man in different shopping malls were also included as respondents. SPSS software was used for data analysis to find out the outcome of the problem. Results and findings rejected the hypotheses. The findings also pointed out that only Afghan refugees cannot be held responsible for the bad law and order situation in that area. Besides, in order to uproot the factors invigorating the negative impact on the life of the local residents of Sohrab Goth, some bold steps have to be taken by the Government of Sind along with a permanent solution for these Afghan refugees to live in Karachi without fear and despair till they go back to their own countr

Transcendental Justice Law: The Relation of Law and Justice

The purpose of this article is to explain the relation between law and justice in order to realize a law that is transcendental justice. The method used is a normative method or literature study with a philosophical approach. The findings from this discussion are that justice is not only talking about benefits and harm such as the principles of justice according to Bentham and Rawls, a good law is a law that is able to represent the values of God’s justice, such as equality (egalitarianism), balance, harmonization, ta’awun (helping each other), recognizing and respecting each other’s rights and obligations, and so on, both in the text of the law, as well as in its application. On the other hand, bad law is a law that deviates(deviative) from the values of justice. This law is like a parasite that only causes damage to society. Justice and truth are not the main pattern, but power and worldly satisfaction are the pattern