Judicial Approach Research Articles

A DRL-based resource allocation for IRS-enhanced semantic spectrum sharing networks

Semantic communication and spectrum sharing are pivotal technologies in addressing the perennial challenge of scarce spectrum resources for the sixth-generation (6G) communication networks. Notably, scant attention has been devoted to investigating semantic resource allocation within spectrum sharing semantic communication networks, thereby constraining the full exploitation of spectrum efficiency. To mitigate interference issues between primary users and secondary users while augmenting legitimate signal strength, the introduction of Intelligent Reflective Surfaces (IRS) emerges as a salient solution. In this study, we delve into the intricacies of resource allocation for IRS-enhanced semantic spectrum sharing networks. Our focal point is the maximization of semantic spectral efficiency (S-SE) for the secondary semantic network while upholding the minimum quality of service standards for the primary semantic network. This entails the joint optimization of parameters such as semantic symbol allocation, subchannel allocation, reflective coefficients of IRS elements, and beamforming adjustment of secondary base station. Recognizing computational intricacies and interdependence of variables in the non-convex optimization problem formulated, we present a judicious approach: a hybrid intelligent resource allocation approach leveraging dueling double-deep Q networks coupled with the twin-delayed deep deterministic policy. Simulation results unequivocally affirm the efficacy of our proposed resource allocation approach, showcasing its superior performance relative to baseline schemes. Our approach markedly enhances the S-SE of the secondary network, thereby establishing its prowess in advancing the frontiers of semantic spectrum sharing (S-SE).

#2154 Rituximab in the treatment of PLA2R-associated membranous nephropathy: insights from a hospital centre experience

Abstract Background and Aims Rituximab (RTX) is recommended as the first-line therapy for PLA2R-associated Membranous Nephropathy in patients with a moderate to high risk of progressive loss of kidney function, according to the KDIGO 2021 guidelines. This recommendation is based on the superior long-term efficacy and improved safety profile of RTX. This study aims to assess the use of RTX for the treatment of for PLA2R-associated Membranous Nephropathy at a hospital centre. Method A retrospective study was conducted on patients diagnosed with PLA2R-associated Membranous Nephropathy who underwent their first RTX administration between 2017 and 2022 at a tertiary hospital centre. Exclusion criteria involved patients with less than 6 months of follow-up post-RTX. The study evaluated the occurrence of immune remission, clinical remission, as well as instances of immune and proteinuria relapse, and recorded any adverse events. Results A total of 11 patients were included, with 54.5% being male. The mean age was 60.4 ± 14.7 years, and the median disease duration 69.0 [8.0-87.0] months. The mean follow-up time post-RTX was 36.7 ± 23.3 months. Regarding the risk of progressive loss of kidney function, 8 patients were classified as high risk, 1 as moderate risk, and 2 as low risk. RTX served as the initial immunosuppressive therapy for only 3 patients. Additional immunosuppressive therapies post-RTX, including further RTX doses, were administrated in 63.6% (n = 7) of patients. No response was observed in 18.2% (n = 2). Immune remission was achieved in 81.8% (n = 9), mean time of 3.8 ± 1.4 months. Within this group 55.5% (n = 5) patients achieved complete remission, 22.2% (n = 2) experienced partial remission, and 22.2% (n = 2) maintained nephrotic proteinuria, with immune remission consistently preceding clinical remission. Relapses occurred in 45.5% (n = 5), at a mean time of 20.8 ± 13.5 months. Patients with lower serum albumin at time of RTX administration were more likely to experience non-response or relapse (T (9) = 2.51, p = 0.03), with a Youden Index cut-off of 3.2 g/dL, demonstrating a sensitivity of 100% and a specificity of 85.7%. Patients with anti-PLA2R exceeding 150 RU/mL exhibited no response or relapsed. Four patients (36.4%) remained free of relapses throughout the entire follow-up period, mean time of 22.8 ± 10.0 months, with 1 keeping RTX maintenance therapy. During the 6 months post-RTX, 36.4% (n = 4) of patients experienced adverse events. Conclusion Rituximab demonstrated both efficacy and safety in treating PLA2R-associated Membranous Nephropathy. However, lower serum albumin levels and anti-PLA2R > 150 RU/mL at time of RTX administration were associated with worse response. Given the substantial need for additional immunosuppression, and considering lower albumin values and higher anti-PLA2R titres as risk markers, it is recommended to closely monitor these patients. Anti-PLA2R titres showed a meaningful association with disease activity, preceding changes in proteinuria levels. Therefore, tracking disease progression through the measurement of anti-PLA2R titres not only guides clinical decisions but also enables a judicious approach to subsequent RTX administrations.

Doctors in conflict with the criminal law: A records review of gross medical negligence cases under the Indian penal code

Medical negligence is a critical issue in the healthcare system, often resulting in harm to patients and legal disputes. Objectives: The article focuses on cases of criminal medical negligence in India, including notable cases such as Jacob Mathew, Syad Akbar, and PB Desai. The study aims to analyze the judgments given by courts against medical professionals charged under the Sec. 304A of the Indian Penal Code (IPC). This specific study was undertaken as there was a dearth of research around criminal negligence; however, ample data were available for civil breach of duty by doctors. Material and Methods: This is a records review type of research. The research methodology involved conducting an extensive search for relevant judgments on indiakanoon.com using keywords such as “medical negligence,” “due care,” “Bolam test,” and “Supreme Court (SC) judgments.” The study specifically focused on judgments that pertained to criminal cases under Section 304 IPC (Death due to rash or negligent action) while excluding civil cases, consumer court cases, and disciplinary actions of state medical councils. Results: After conducting a judgment search, 90 cases met the inclusion criteria. The legal principles pertaining to negligence as established in the Jacob Mathew case, such as the definition of negligence amounting to a criminal nature and the criteria for determining a breach of duty, were reproduced. In the Syad Akbar case, SC laid down the difference in evidence required to prove medical negligence amounting to a crime. In the PB Desai case, the court clarified that mere differences in opinion between 2 doctors do not amount to negligence if due care was taken and the treatment was in line with the standard of care applicable at that time. Conclusion: The results of the study provide valuable insights into the judicial approach to criminal medical negligence cases in India. By examining a range of judgments from different jurisdictions, the study identifies common themes, emerging trends, and significant precedents that shape the legal landscape surrounding medical negligence. It underscores the need for robust standards of due care and emphasizes the role of the judiciary in promoting patient safety, accountability, and fair compensation in cases of medical negligence. This article contributes to the existing body of knowledge on medical negligence in India, serving as a valuable resource for legal professionals, healthcare practitioners, policymakers, and researchers interested in understanding and addressing the complexities of this important issue.

Consensual settlement of competition disputes in China: a call for conditional arbitrability

ABSTRACT The current reform of China’s Arbitration Law is aimed at making the country a more attractive seat for international commercial arbitration and at encouraging consensual dispute settlement to supplement the heavy workload of the courts. At the same time, due to the lack of certainty as to the arbitrability of antitrust disputes, the competition-related arguments may effectively stall or delay arbitration proceedings or create the risks of setting aside of arbitral awards on public policy grounds. The paper addresses the aforementioned problem by advancing a call for conditional arbitrability of antitrust disputes in China, which will require clarification of the applicable legal standards and detailed procedural guidance by the Supreme People’s Court that would instruct the arbitrators and the parties about applying competition rules in the context of contractual disputes. This policy proposal is grounded on the analysis of the divergent judicial approaches to arbitrability of competition-related issues developed by the Chinese judiciary.

Legal Analysis of the Decision on the Request for Guardianship by the State for Christianity

General Background: Marriage in the Christian religion fundamentally differs from other traditions, notably in the absence of a legal requirement for a marriage guardian. Specific Background: Instead, the presence of a priest to officiate the ceremony is deemed sufficient. This distinction is often misunderstood, leading to legal ambiguities and misapplications. Knowledge Gap: Despite clear doctrinal guidelines, there persists a lack of awareness regarding the role of state-appointed guardians in Christian marriages, as evidenced by legal cases requesting such appointments. Aims: This study aims to analyze the necessity and implications of appointing a state guardian in Christian marriages through the examination of relevant legal cases in the Jombang District Court. Results: The study highlights two pivotal cases: Request Number 20/Pdt.P/1994/PN Jmb, which was granted, and Request Number 119/Pdt.P/2023/PN Jbg, which was withdrawn. Novelty: By juxtaposing these cases, the research underscores the inconsistencies and the resultant need for greater legal and doctrinal clarity. Implications: The findings advocate for enhanced educational efforts within both the Christian community and the broader public to mitigate legal misunderstandings and to streamline the judicial approach to marriage guardianship in Christian contexts. This research contributes to the discourse by elucidating the legal boundaries and ecclesiastical stipulations of Christian marriages, promoting informed judicial decisions and societal understanding. Highlights: Legal Ambiguity: Inconsistent court decisions on state guardians in Christian marriages. Educational Need: Urgent need for educating communities on marriage guardianship in Christianity. Judicial Clarity: Importance of clear legal guidelines to prevent misapplications. Keywords: State Guardian, Decision on Request, Christian Marriage, Legal Analysis, Religious Doctrine

Lessons from the age of empire: the UK Internal Market Act as a rupture in the understanding of competence

The emergence of devolution in the United Kingdom (UK) has led to the emergence of a significant body of jurisprudence to understand its place in the UK constitution, including various conceptual frameworks to explain its operation. A problem with some of this jurisprudence is the characterisation of devolution as novel or exceptional, capable of being understood only on its own terms. An examination of the history of constitutional development within the British empire, however, reveals otherwise. Imperial history shows that the issues faced by devolved administrations in the post-Brexit UK – uncertainties about competence and the extent of dynamism and plurality, for example – have emerged before. More than that, they were dealt with by a combination of statutory text, judicial approach and political pragmatism. Some of these solutions provide a rich source from which lessons can be drawn for present-day challenges.This article explores how legislative competence was understood across the empire and the UK before the emergence of devolution in its most recent form. It looks at the political and judicial approaches to thorny questions of legislative supremacy, legislative subordination, political paramountcy and political pragmatism. This article aims not only to challenge the myth of devolution’s sui generis nature but demonstrate why the UK Internal Market Act 2020 represents a rupture in how competence was constitutionally understood. In this way, we may be better equipped to understand and resolve the problems of devolution posed by Brexit.

Climate Change and India’s Cities: Judicial Responses through the Lens of Sustainability Transformations

Abstract Cities and urban communities constitute a challenging paradox. They are contributors to climate change and simultaneously are essential focal bases for economic activity. Urbanization, population growth, economic development, and prosperity contribute to increased city greenhouse gas emissions. Envisioning and shaping a shift toward more ambitious climate responses is both an opportunity and a challenge for cities to action transformations toward sustainability. The discourse on sustainability transformations involves the reorientation and restructuring of governance processes and actions. Though the governance of transformation involves multiple actors, this article examines the role of the Indian judiciary in steering a transformation process toward a sustainable and equitable future. Indian city-and-climate-change case law is examined as a case study. Sectoral examples from construction, waste, livestock, transport, and renewable energy illustrate key areas addressed through the judicial incremental-reformist approach. Bolstering the implementation and enforcement of environmental and climate laws alongside the infusion of a powerful sustainability agenda, the Indian judiciary creates enabling conditions for transformational change.

THE SIGNIFICANCE OF THE LAW ON AMICABLE RESOLUTION OF LABOR DISPUTES AND THE REVIEW OF THE PRACTICE THUS FAR

During the work process, numerous instances of dispute regarding the positions of the employees, or the interpersonal relations between them or between them and their employer may arise. In addition to the traditional judicial method of labor dispute resolution, it is necessary to develop independent and impartial negotiation mechanisms between the parties in the area of individual and collective labor disputes. In Serbia, these are certainly the arbitration settlement of individual and collective labor disputes, and conciliation as a method of resolving collective labor disputes within and through the Republic Agency for Peaceful Settlement of Labor Disputes. There are many benefits to peaceful labor dispute settlement. The goal of supplementary procedures, i.e. procedures for peaceful labor dispute resolution, is to relieve the traditional judicial approach and direct it to the procedures where a judicial settlement of the dispute is truly necessary. Besides the concept, advantages and characteristics of the amicable labor dispute settlement procedures, certain types of these procedures such as mediation, conciliation and arbitration are also analyzed in the theoretical section of this paper, as well as the most important provisions of the Employment Act and the Law on Amicable Resolution of Labor Disputes. In the research section of this paper, the practice of the Republic Agency for Peaceful Settlement of Labor Disputes in the procedures of amicable labor dispute settlement, both for the territory of the Republic of Serbia and the territory of the City of Novi Sad, is analyzed. The primary research data source was the official data of the Republic Agency for Peaceful Settlement of Labor Disputes. The paper is methodologically based on a theoretical analysis of relevant contemporary theoretical views, a normative analysis of legislative sources, and a quantitative analysis of statistical indicators in the domain of the research subject.

Understanding and tackling meat reduction in different cultural contexts: a segmentation study of Swiss and Vietnamese consumers.

This study aims to disclose and compare meat consumer segments in Switzerland and Vietnam, which differ in terms of their socioeconomic and cultural settings (the former is a developed country, and the latter is an emerging one) to develop a set of segment-specific recommendations that might be applied to consumption in comparable contexts, that is, in other developed countries and other emerging economies. Data were collected through two online surveys: one for Swiss residents from randomly selected households and one for Vietnamese urban residents recruited via snowball sampling. The final sample size was N = 643 for Switzerland and N = 616 for Vietnam. Hierarchical cluster analyses followed by K-means cluster analyses revealed five distinct clusters in both countries. Three clusters were common to both countries: meat lovers (21% in Switzerland and 19% in Vietnam), proactive consumers (22% in Switzerland and 14% in Vietnam) and suggestible consumers (19% in Switzerland and 25% in Vietnam). Two were specific to each country, namely traditional (19%) and basic (21%) consumers in Switzerland and confident (16%) and anxious (26%) consumers in Vietnam. Relying on voluntary actions, nudging techniques, private initiatives and consumers' sense of responsibility will certainly be useful but will nevertheless be insufficient to achieve a planetary health diet within the given timeframe (the 2030 Agenda for Sustainable Development). Governments will have no choice but to activate all levers within their sphere of influence - including regulatory measures - and oblige private sector actors to commit to the measures imposed on them. A binding international agenda with common objectives and measures is a judicious approach. Unlike most previous studies, which focused on meat consumption intensity and frequency or diet type to segment consumers, our approach, based on psychographic profiles, allows the identification of segments that share common drivers and barriers and thus the development of better-targeted measures to reduce meat consumption.

Eliminating the Burn-in Loss of Efficiency in Organic Solar Cells by Applying Dimer Acceptors as Supramolecular Stabilizers.

The meta-stable active layer morphology of organic solar cells (OSCs) is identified as the main cause of the rapid burn-in loss of power conversion efficiency (PCE) during long-term device operation. However, effective strategies to eliminate the associated loss mechanisms from the initial stage of device operation are still lacking, especially for high-efficiency material systems. Herein, the introduction of molecularly engineered dimer acceptors with adjustable thermal transition properties into the active layer of OSCs to serve as supramolecular stabilizers for regulating the thermal transitions and optimizing the crystallization of the absorber composites is reported. By establishing intimate π-π interactions with small-molecule acceptors, these stabilizers can effectively reduce the trap-state density (Nt) in the devices to achieve excellent PCEs over 19%. More importantly, the low Nt associated with an initially optimized morphology can be maintained under external stresses to significantly reduce the PCE burn-in loss in devices. This research reveals a judicious approach to improving OPV stability by establishing a comprehensive correlation between material properties, active-layer morphology, and device performance, for developing burn-in-free OSCs.

Navigating Cruelty: Examining ECHR Practice in Defining a Minimum Threshold for Torture facilitated by State agents

This article critically examines the European Court of Human Rights (ECHR) practice in defining a minimum threshold for torture. It goes in-depth with torture facilitated by State agents, as stipulated in Article 3 of the European Convention on Human Rights. While the identification of torture typically involves severe cases, the majority of instances under Article 3 pertain to degrading or inhuman treatment. Focusing on threshold cases related to freedom from degrading treatment or punishment, this article seeks to delineate the effective guarantee provided by this fundamental right within the Strasbourg organs’ judicial policy. The analysis underscores the dynamic and adaptive nature of the ECHR in interpreting and expanding the provisions of the Convention. By capitalizing on the graduated scale of degrading treatment, the Strasbourg organs have extended the protective scope of Article 3, contributing to the development of a progressive European public order. Ultimately, this exploration provides valuable insights into the judicial approach of the Strasbourg organs in defining the minimum threshold for torture perpetrated by State agents, shedding light on the evolving landscape of human rights protection in Europe.

Optimizing periprosthetic fracture management and in-hospital outcome: insights from the PIPPAS multicentric study of 1387 cases in Spain

BackgroundThe incidence of all periprosthetic fractures (PPF), which require complex surgical treatment associated with high morbidity and mortality, is predicted to increase. The evolving surgical management has created a knowledge gap regarding its impact on immediate outcomes. This study aimed to describe current management strategies for PPF and their repercussions for in-hospital outcomes as well as to evaluate their implications for the community.MethodsPIPPAS (Peri-Implant PeriProsthetic Survival Analysis) was a prospective multicentre observational study of 1387 PPF performed during 2021. Descriptive statistics summarized the epidemiology, fracture characteristics, management, and immediate outcomes. A mixed-effects logistic regression model was employed to evaluate potential predictors of in-hospital mortality, complications, discharge status, and weight-bearing restrictions.ResultsThe study encompassed 32 (2.3%) shoulder, 4 (0.3%) elbow, 751 (54.1%) hip, 590 (42.5%) knee, and 10 (0.7%) ankle PPF. Patients were older (median 84 years, IQR 77–89), frail [median clinical frailty scale (CFS) 5, IQR 3–6], presented at least one comorbidity [median Charlson comorbidity index (CCI) 5, IQR 4–7], were community dwelling (81.8%), and had outdoor ambulation ability (65.6%). Femoral knee PPF were most frequently associated with uncemented femoral components, while femoral hip PPF occurred equally in cemented and uncemented stems. Patients were managed surgically (82%), with co-management (73.9%), through open approaches (85.9%) after almost 4 days (IQR, 51.9–153.6 h), with prosthesis revision performed in 33.8% of femoral hip PPF and 6.5% of femoral knee PPF. For half of the patients, the discharge instructions mandated weight-bearing restrictions. In-hospital mortality rates were 5.2% for all PPF and 6.2% for femoral hip PPF. Frailty, age > 84 years, mild cognitive impairment, CFS > 3, CCI > 3, and non-geriatric involvement were candidate predictors for in-hospital mortality, medical complications, and discharge to a nursing care facility. Management involving revision arthroplasty by experienced surgeons favoured full weight-bearing, while an open surgical approach favoured weight-bearing restrictions.ConclusionsCurrent arthroplasty fixation check and revision rates deviate from established guidelines, yet full weight-bearing is favoured. A surgical delay of over 100 h and a lack of geriatric co-management were related to in-hospital mortality and medical complications. This study recommends judicious hypoaggressive approaches. Addressing complications and individualizing the surgical strategy can lead to enhanced functional outcomes, alleviating the economic and social burdens upon hospital discharge.Level of Evidence Level IV case series.Trial registration: registered at ClinicalTrials.gov (NCT04663893), protocol ID: PI 20-2041.Graphical abstract

Pursuing the Long Shadow over the "Domestic Church": Toward a Global History of Abuse in Catholic Settings

Abstract: This article makes the case for a new phase of research on the abuse crisis and calls for a collaborative endeavor aiming at an interdisciplinary, historically contextualized account of the global history of abuse of children and vulnerable adults in the Catholic Church. This requires a redefinition of the scope of enquiry from the national to the global, and a refocusing of the analytical optic beyond a perpetrator-focused, pathologizing approach to clergy sexual abuse to situate sexual and spiritual abuse in the Catholic Church in its wider enabling ecosystem. We propose a scaled and spatial approach, focused on delineating understandings of the "domestic church" in a given context. This broader focus on interactions between the "three-legged stool" of the family-parish-school, particularly as contextualized in their ecclesial and socio-economic dynamics, extends the analysis beyond media-framed narratives and judicial approaches and allows for comparability across national settings. The article sets out the urgent need for a multi-disciplinary, mixed-method, and coordinated approach, given the many facets of the crisis (legal, political, cultural, financial, psychological, but also theological and spiritual), and the transnational dimensions of this epidemic within (and beyond) the Church that are yet to be fully discerned and historicized.

Unraveling Korea’s Energy Challenge: The Consequences of Carbon Dioxide Emissions and Energy Use on Economic Sustainability

This research delves into the effects of carbon dioxide emissions and energy consumption on economic growth in Korea from 1980 to 2022, employing a sophisticated nonlinear autoregressive distributed lag model. The study unveils pivotal findings, most notably the positive association between carbon dioxide emissions and economic growth, suggesting that periods of economic expansion in Korea have been accompanied by surges in emissions. Furthermore, the investigation highlights a significant, albeit asymmetrical, positive impact of primary energy consumption on economic growth, illuminating the critical role of energy in the nation’s economic trajectory. The analysis also identifies essential economic determinants—namely, the labor force, gross fixed capital formation, and net inflows of foreign direct investment—underscoring their pivotal contributions to economic proliferation. The reliability of these insights is corroborated through advanced econometric techniques, including fully modified ordinary least squares and dynamic ordinary least squares methods. A noteworthy discovery emerges from the Toda–Yamamoto causality test, revealing bidirectional Granger causality between carbon dioxide emissions and economic growth, as well as between energy consumption and economic growth. Moreover, it uncovers a unidirectional causality flowing from labor, capital formation, and foreign direct investment towards economic growth. These findings elucidate the complex interplay between environmental and economic elements, highlighting the critical need for sustainable energy policies and proactive environmental stewardship in Korea. By advocating for a synthesis of economic advancement and environmental sustainability, this study presents indispensable insights for policymakers. It calls for a judicious approach to balancing Korea’s economic ambitions with its ecological responsibilities, thereby charting a sustainable path forward for the nation. Through its comprehensive analysis, this research contributes valuable perspectives to the discourse on economic development and environmental sustainability, offering guidance for Korea’s strategic planning and policy formulation.

Navigating the Terrain of Geofence Warrants

This Note critically examines the legal intricacies surrounding geofence warrants in the context of the Fourth Amendment, delving into the evolving dynamics of privacy rights and law enforcement capabilities in the digital era. It provides an in-depth analysis of company policies, particularly those of major tech companies, and scrutinizes a range of federal opinions to assess the current legal stance on geofence warrants. The paper advocates for a judicious approach that balances individual privacy with the investigative needs of law enforcement, proposing a refined framework for the application of geofence warrants. This includes a recommendation for a two-step warrant process and clearly defined standards for probable cause, particularity, and overbreadth, aimed at aligning these warrants with constitutional principles and addressing the unique challenges posed by emerging technologies.

Penyelesaian Sengketa Pengembalian Dana Haji Perspektif Fatwa DSN-MUI Nomor: 29/DSN-MUI/VI/2002 (Studi Putusan Nomor: 2346/Pdt.G/2021/PA.Mdn)

Hajj bailout funds gave birth to various polemics, one of which is the return of Hajj funds in the event of Hajj cancellation as in case decision number: 2346/Pdt.G/2021/PA.Mdn. This research aims to find out the judge's legal basis in resolving the refund of Hajj funds and how the decision is reviewed from the DSN-MUI fatwa No: 29/DSN-MUI/VI/2002. This type of research is normative juridical with a statute approach and judicial case studies approach. The results showed that the legal basis of the judge in resolving this case was based on the Civil Code and the main consideration of the judge was the contract, according to the researcher the judge should not only consider the contract but other regulations related to the collection of ujrah in financing Hajj bailout funds such as the DSN-MUI fatwa No: 29/DSN-MUI/VI/2002. Dispute resolution carried out by the plaintiff through the religious court is in accordance with DSN-MUI fatwa No: 29/DSN-MUI/VI/2002 because in dispute resolution through a sharia arbitration body it must be agreed by the parties in writing, but in this decision the parties did not include it in the contract.

Turkish Judicial Approach to the Taxation of the Digital Economy

This article discusses and criticizes the Turkish approach to the taxation of the digital economy in the context of various court decisions. The author concludes that the jurisprudential approach of considering websites as permanent establishments is contrary to the rules of international tax law. The debate, however, is ongoing, as a number of disputes are still outstanding.

Indonesian Ombudsman: Strengthening Role in Improving the Quality of Public Services

<em><span lang="EN-US">When residents have issues with a government agency, they may resort to the impartial Ombudsman. This research looks at how the Indonesian Ombudsman has affected service quality there. This research aims to clarify the need for an Ombudsman in the fight against bad administration and to propose reforms to the legislation that would give them more authority. This research blends a normative judicial approach with a descriptive analytic technique. This research shows that the Indonesian Ombudsman has the potential to become a powerful advocate for improving the quality of government services and protecting people' rights against infringement by the state. The Ombudsman in Indonesia can do a better job of sustaining good governance and guaranteeing justice in the provision of public services if given the sufficient resources and support from the government and society, as well as the required legal framework.</span></em>

SLAPPs: What are they? And how should defamation law be reformed to address them?

ABSTRACT This article examines the need for legislative reform to address the problem of strategic litigation against public participation (SLAPPs), with a focus on defamation law as the most common action for such claims. It draws upon legislative and judicial approaches from a range of different jurisdictions to define the problem of SLAPPs and examines whether the existing law in England and Wales provides an adequate solution to the problem of SLAPPs. This analysis indicates some important recent developments in the law that are relevant to SLAPPs but concludes that legislative reform is necessary to address the problem of SLAPPs. In contrast to the current proposals for reform, the article proposes an anti-SLAPP provision that crystallizes and builds upon recent developments in the law, to effectively address the problem of SLAPPs without posing an unnecessary risk of the denial of innocent claims.

The value of feminist legal methods in adjudicating women’s issues: a critical comparison of two judicial approaches from India

ABSTRACT Feminists have demonstrated that positivist law adopts a patriarchal lens that marginalizes or ignores women’s lived realities. This leads to legal decision-making that does not reflect women’s real and varied experiences. Therefore, in this article, I argue for the use of feminist legal methods in adjudicating women’s rights by comparing two distinct judicial approaches emerging from recent decisions of the Indian Supreme Court and Delhi High Court respectively on issues that affect women’s rights and lives profoundly: the right to abortion and the criminalization of marital rape. I contrast the approaches taken by the Supreme Court in X v The Principal Secretary, Health and Family Welfare Department (2022) and by the Delhi High Court in RIT Foundation v Union of India (2022) through Hari Shankar J’.s opinion, to demonstrate how the use of feminist legal methods leads to findings more in tune with the gendered needs and concerns of women.