Law Journal Research Articles

The transparency of quantitative empirical legal research published in highly ranked law journals (2018–2020): an observational study

Background Scientists are increasingly concerned with making their work easy to verify and build upon. Associated practices include sharing data, materials, and analytic scripts, and preregistering protocols. This shift towards increased transparency and rigor has been referred to as a “credibility revolution.” The credibility of empirical legal research has been questioned in the past due to its distinctive peer review system and because the legal background of its researchers means that many often are not trained in study design or statistics. Still, there has been no systematic study of transparency and credibility-related characteristics of published empirical legal research. Methods To fill this gap and provide an estimate of current practices that can be tracked as the field evolves, we assessed 300 empirical articles from highly ranked law journals including both faculty-edited journals and student-edited journals. Results We found high levels of article accessibility (86%, 95% CI = [82%, 90%]), especially among student-edited journals (100%). Few articles stated that a study’s data are available (19%, 95% CI = [15%, 23%]). Statements of preregistration (3%, 95% CI = [1%, 5%]) and availability of analytic scripts (6%, 95% CI = [4%, 9%]) were very uncommon. (i.e., they collected new data using the study’s reported methods, but found results inconsistent or not as strong as the original). Conclusion We suggest that empirical legal researchers and the journals that publish their work cultivate norms and practices to encourage research credibility. Our estimates may be revisited to track the field’s progress in the coming years.

Criminalisation of the So-Called Forced Marriage in the Polish Criminal Law

Abstract This article discusses the issue of so-called forced marriages, the criminalisation of which was introduced into Polish criminal legislation by the Act of 13 January 2023 amending the Code of Civil Procedure and some other acts. Introducing the provisions of Article 191b into the Criminal Code aims to fulfil the obligation arising from Article 37 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence of 11 May 2011 (Journal of Laws of 2015, item 961). In addition to outlining the statutory features of new types of crimes, the article addresses issues such as criminal liability, the concurrence of regulations, and the issue of the so-called cultural defence.

The Journal of Law and Society in context: a bibliometric analysis

AbstractOn this, the occasion of its 50th anniversary, we employ a quantitative analysis of the Journal of Law and Society (JLS) to chart empirically the evolution of socio‐legal studies in the United Kingdom (UK). By tracing the influence(s) of the JLS upon the development of UK socio‐legal research, not only do we demonstrate a new mode of exploring knowledge production in the field of socio‐legal studies, but we also illustrate how computational methods can augment hermeneutical approaches to mapping socio‐legal trends. Through (a blend of) three different analytical approaches – descriptive analyses of bibliographic metadata, text‐linguistic analyses of a corpus of full‐text articles, and network analyses of citation graphs – we generate comparative information about the JLS since its inception in 1974. We then employ this data to interrogate the JLS’ own narratives; using predictions, ambitions, and statements of intent made by Editor‐in‐Chief Phil Thomas published either within or regarding the JLS, we present a map of the journal's role within, impact upon, and enduring contribution to UK socio‐legal studies. Finally, we discuss our results and propose future directions of the field.

Writing Effective Introductions in Environmental Law Journal Articles

Writing Effective Introductions in Environmental Law Journal Articles

Reviewer Acknowledgements for Journal of Politics and Law, Vol. 17, No. 1

Reviewer acknowledgements for Journal of Politics and Law, Vol. 17, No. 1, 2024

Bentuk-Bentuk Pelanggaran Profesi Notaris di Kabupaten Sidoarjo

This study aims to find out what are the forms of violations of the notary profession in Sidoarjo Regency. The method used is sociological juridical where this approach is to identify and carry out the conception of law as a real and functional social institution in a real life. The data was carried out by direct interviews with the Chairperson of the Notary Regional Supervisory Council of Sidoarjo Regency, as well as taking an inventory of the types of violations that occurred according to their categories. And other data is also done by collecting primary data in the form of interview and secondary data in the form of law and legal journals related to the topic being studied. This violation of the notary profession can occur due to several factors, especially the notary's disobedience in carrying out his duties, not guided by the code of ethics and also the law. From this research, it can be concluded that in Sidoarjo Regency there are several forms of notary professional violations, both those that violate the code of ethics and those that violate the law, such as installing a nameplate that is not in accordance with existing regulations to fraud and/or embezzlement of tax deposits.

Legal research as a collective enterprise: an examination of data availability in empirical legal scholarship

Abstract While most social sciences confronted data sharing, transparency, and reproducibility sometime in the last two decades, the legal academy has largely been absent from these discussions. In this study, we examine the degree to which the information underlying empirical studies is available. Using an original dataset of every empirical study published in top law journals from 2010 to 2022, we find that 15% have a dataset that is readily available. We compare these low rates with a dataset of every empirical article published in the top economics, political science, and interdisciplinary journals from 2018 to 2022. The vast majority of these articles (99%) make their data available. Additional analysis demonstrates that disciplinary norms enforced by journals drive when authors make their data available. Given the discrepancy between law and other social sciences, we advocate for a disciplinary and cultural shift in law that embraces data accessibility and identify concrete steps to improve data availability. (JEL K00, K1, K10)

OPTIMIZING THE POTENTIAL OF SANUR SPECIAL ECONOMIC ZONE AS TRANSFORMATION INTO MEDICAL TOURISM DESTINATION

Objective: In addition to having a positive impact on the environment, nature tourism in Sanur also empowers the local community. Ecotourism programs and local crafts support community participation in tourism development. The purpose of this research is to find out the potential of the Sanur Special Economic Zone (SEZ) can be optimized for increase local economic growth and providing positive impacts on community welfare. Additionally, this reasearch aims to identify the challenges and opportunities in the development of the special economic zone in Sanur, along with proposing strategies to overcome these obstacles to realize its maximum economic potential. Method: This research uses normative legal research which in this method examines the legal terms of the internal perspective of the legal norms as objects of research. The approach in this research consists of a statute approach, conceptual approach. This research uses 2 (two) legal materials which are primary legal materials and secondary legal materials. Primary legal materials based on Indonesian legislation about this topic of research. The secondary legal materials such as books, legal writing materials for example: law journals, legal research, and official sites. In this research phase, a systematic literature review was conducted which referencing various sources available in various research databases using Preferred Reporting Systematic Reviews and Meta-analyses (PRISMA). Conclusion: The results of this research is that the advantages and benefits of the Sanur SEZ, including outstanding tourism potential, good accessibility, and diverse natural resources, can be a driver of economic growth. Technology and innovation development, collaboration with educational institutions, and intensive promotion are crucial steps to optimize the potential of the Sanur SEZ as transformation into medical tourism destination.

Correction Notice for "Epistemic Exploitation" by Nora Berenstain (<i>Ergo</i>, 2016, Vol. 3)

In Nora Berenstain's "Epistemic Exploitation" (Ergo, 2016, Vol. 3, DOI 10.3998/ergo.12405314.0003.022) at the time of publication, Carmita Wood was mistakenly described as “a Black woman.” The author regrets this error. As of February 2024, the footnote containing this description has been removed. This article described Carmita Wood as a Black woman on the basis of a mistaken description in Constance Backhouse, “Sexual Harassment: A Feminist Phrase that Transformed the Workplace” (Canadian Journal of Women and Law (2012) 24(2): 275-300), which has since been corrected (2022).

What COVID-19 Vaccine Distribution Disparity Reveals About Solidarity

What COVID-19 Vaccine Distribution Disparity Reveals About Solidarity

Editorial

This issue of the African Human Rights Law journal (AHRLj) appears as the world celebrates 75 years since the adoption of the United Nations (UN) Declaration of Human Rights (Universal Declaration). The Universal Declaration did not include a 'right to development'; the closest it has come was to provide, in article 22, that 'everyone' is entitled to the realisation of 'the economic, social and cultural rights indispensable for his dignity and the free development of his personality'.

Tennessee Journal of Law and Policy and Center for Advocacy and Dispute Resolution: Summers-Wyatt Symposium - Asking Jurors to Do the Impossible

Tennessee Journal of Law and Policy and Center for Advocacy and Dispute Resolution: Summers-Wyatt Symposium - Asking Jurors to Do the Impossible

Fostering Medical Students’ Commitment to Beneficence in Ethics Education

Fostering Medical Students’ Commitment to Beneficence in Ethics Education

Pilots for Fraught Channels: How Law Librarians Can Help Law Reviews Navigate their DEI Journeys

This article describes how academic law librarians looking to make a positive impact for racial diversity, equity, and inclusivity could explore ways to support diversification efforts of law reviews and journals. At many law schools, law reviews and journals struggle to be fully inclusive. Lack of diversity on journals contributes to inequity within the legal profession as many of the most prestigious law jobs look for journal participation as a prerequisite. Academic law librarians are well-placed to help journal student-editors implement best practices such as using evidence-based rubrics, undergoing unconscious-bias training, and actively recruiting diverse students.

MANAJEMEN STRATEGI PERKEMBANGAN DANA PENSIUN SYARIAH DI INDONESIA

Islamic pension funds are Islamic financial institutions that have characteristics to be used in order to maintain the continuity of one's income when one is no longer productively working. The purpose of this research is to find out how the role of Islamic pension funds in improving Islamic finance. This type of research is qualitative research by describing data in the form of words, schemes, images and series of sentences. The research method used is library research, which is a method of collecting data by understanding and studying theories from various literatures related to the research. Data collection uses the method of finding sources and constructing them from various sources, such as books, journals, research, law books, fiqh siyasah books, maqasid sharia books, Islamic law encyclopedias, Islamic law journals, language dictionaries and legal dictionaries, and other literature sources. The result of this research is that the increase in the number of participants in sharia pension funds occurs because Indonesian people are interested in using sharia financial products. The existence of an institution that stands in helping people like DPLK Muamalat in preparing their retirement from an early age is very easy for the people of Indonesia.

Penegakan Hukum Pungutan Liar di Jawa Barat dalam Pelayanan Publik Pasca Covid-19

This research analyzes the urgency of developing electronic-based public services in preventing criminal acts of illegal levies (extortion) to support transparent and good quality government governance and offers ideas for law enforcement to eradicate extortion, which is remains considerably lacking in West Java Province, especially after Covid-19. Hence the problem formulation focuses on the issue of how to develop public services to prevent the practice of extortion and how to build law enforcement to eradicate extortion in West Java Province. This paper is normative legal research using statutory approach and conceptual approaches that uses secondary data in the form of books, law journals, research reports, magazines, statutory regulations, and recapitulation of agency performance data to produce accurate and accountable conclusions. The results of the research conclude that the development of electronic-based services can be realized by changing manual services to digital ones, upgrading digital services with new features that accommodate people's needs, increasing e-money payments that are connected to the banking system followed by developing the Public Service Mall (MPP) concept that is accessible to the public. Law enforcement overcomes extortion by building reporting system connectivity that is directly connected between SiBerli and the extortion reporting system in agencies/institutions/units providing public services, implementing a reward and punishment system objectively as well as applying administrative sanctions for officials who abuse their authority and criminal sanctions as the ultimum remedium if other legal instruments are unable to resolve the crisis.

Empirical Analysis of Court Cases on Sexual Violence in Malaysia

Women and children suffer sexual violence despite the harsh punishment in Malaysia under the Penal Code of Malaysia and the Sexual Offences Against Children Act 2017. Statistics from the Malaysian Royal Police show that sexual offences cases are on the rise. However, not all cases result in a guilty verdict in court. Using purposive sampling, this research conducted a qualitative doctrinal analysis of cases from 2013 to 2023 which have been decided by the courts and published in law journals. The objectives of this research are firstly, to examine how women and children become victims of rape and sexual violence; and secondly, to examine the obstacles faced in convicting the accused. It is found from the published articles that vulnerable victims fall prey to the perpetrator’s deceit, threat or promises. Failure to promptly report the crime, failure in preserving evidence of sexual violence, and creating common mistakes in court are hurdles in convicting the perpetrators.

Editorial Comment

This Special Issue of the University of Zambia Journal of Law and Social Sciences was prepared by the Department of Primary Education of the School of Education at University of Zambia. It was a product of the Knowledge Innovation Exchange (KIX) funded project, which ran under the title, “Scaling the School Readiness Initiative: Strengthening School and Community Capacities for Adoption of Play-based Learning in Uganda and Zambia”.

International Journal of Law and Public Policy

International Journal of Law and Public Policy

A Proposed Research Agenda for Ethical, Legal, Social, and Historical Studies at the Intersection of Infectious and Genetic Disease.

Over the past two decades there has been a rapid expansion in our understanding of how human genetic variability impacts susceptibility and severity of disease. Through applications of genome-wide association studies, genome and exome sequencing, researchers have made thousands of discoveries of genetic variants that impact risk of common and rare disorders affecting millions of people. Although these techniques have been primarily applied to highly prevalent chronic disorders such as diabetes1 and cardiovascular disease2, infectious diseases have proven to not be immune to genome-wide association, with studies of Tuberculosis3, HIV4 and SARS-CoV25, to name but a few, identifying host susceptibility loci across the genome. Unlike non-communicable diseases, infectious diseases have the unique element of impacting not only the affected the host, but those who may be most vulnerable to acquiring the infection. Thus, genetic variants that impact one individual's susceptibility to and severity of an infection may also have broader implications to public health, as was brought into keen focus during the COVID-19 pandemic. Therefore, as we begin to apply the knowledge gained from genomic studies in the clinic or into policy, there are unique ethical, legal, and social implications (ELSI) at the intersection of infectious diseases and human genomics. In this issue of the Journal of Law, Medicine and Ethics, Jose et al attempt to address this need by proposing a research agenda for ELSI studies at what they term the "blurred boundaries" of infectious and genetic diseases.6.