Law Review Research Articles

Review of United States Car Safety Seat State Laws: Lessons Learned

Car safety seat laws and professional guidance, such as the American Academy of Pediatrics (AAP) Child Passenger Safety recommendations, are essential for parents and health care providers when choosing an appropriate car seat. This project reviewed car safety seat state laws for commonalities, variations, and themes. Car safety seat laws for all 50 states and the District of Columbia (N = 51) were reviewed through electronic sources. Data collection focused on gathering common legislative language in each car safety seat grouping. All car safety seat laws were based on age, height, weight, manufacturer limit, any combination of these, or were not specified. The most common category result was “age only” except for rear-facing car safety seats, which was “not specified.” Variations in clarity, terminology, and completeness were found. Owing to great variance in AAP and state laws, health care providers should use AAP guidelines, know their specific state’s car safety seat laws, and advocate for legislation to meet or exceed AAP guidelines.

Parate Execution After Indonesian Constitutional Court’s Judicial Review of Fiducia Law and Mortgage Law

Parate Execution After Indonesian Constitutional Court’s Judicial Review of Fiducia Law and Mortgage Law

International Law Review Of Space Debris Mitigation Efforts

Space debris has become an increasingly pressing issue in space exploration and utilization. This article conducts a comprehensive review of aspects of international law relating to space debris mitigation efforts. This research analyzes existing legal frameworks, including relevant multilateral treaties and international legal principles related to the space environment. With a focus on the principles of shared responsibility and avoidance of damage to the space environment, the study identifies key challenges in managing space junk and reducing the risk of collisions in earth orbit. An in-depth analysis of the role of national space agencies and international organizations in implementing mitigation measures was also carried out. In the context of international cooperation, this article evaluates existing collaborative efforts and proposes new measures to improve the effectiveness of space debris mitigation. A better understanding of legal responsibility and burden-sharing in addressing these issues became a central point in the study. By analyzing recent developments in space law and international environmental regulations, this article provides insight into the direction the global community might take in addressing future space debris mitigation challenges. It is hoped that this research can provide guidance for policymakers, academics, and legal practitioners in their efforts to maintain a clean and sustainable space environment.

The CRPD and mental health law reform in Scotland

Scotland's mental health and capacity legislation and its implementation is underpinned by European Convention on Human Rights (ECHR) informed principles, and such legislation and its implementation has remained largely ECHR compliant. It is designed to protect individuals' autonomy from inappropriate and disproportionate nonconsensual intrusions but its scope is largely limited to this. However, since the legislation was enacted at the start of the twenty first century the UK subsequently ratified the UN Convention on the Rights of Persons with Disabilities (CRPD) which requires the law and related practice to focus on giving effect to all the rights of persons with mental disabilities (people living with psychosocial, cognitive and intellectual disabilities) on an equal basis with others and to actively support such equality in rights enjoyment.The Terms of Reference of the independent Scottish Mental Health Law Review (2019–2022) included considering and making recommendations to align Scotland's mental health and capacity legislation with the CRPD. After engaging widely with stakeholders its recommendations sought to strengthen the voice of persons who use services and of those who care for them, reduce the need for non-consensual measures and secure rights to the help and support necessary to live a good life. In order to achieve this, it recommended, amongst other things, a refocusing on mental health and capacity law together with a Human Rights Enablement, Supported Decision Making and Autonomous Decision Making framework.

Good fences make good neighbors? Exploring potential transformative impacts of local governance towards livestock fence-in rights in Malawi

Malawi's export earnings are dominated by tobacco, accounting for over 60% of export earnings. The demand for an alternative export commodity, pigeon pea, has been rising over the past decade, especially from India. In addition to their export potential, pigeon pea is an effective cover crop to protect soil heath and productivity in the dry season. They are mostly grown in southern region on very small farms, however, there are opportunities for expansion into central region given the existence of larger farms and agroecological suitability for the crop. Currently, social norms in the central region constrain this expansion. Livestock, and goats in particular, are left to roam free in the dry season by over two-thirds of farmers, relative to only one-third in the south. This leads to significant damage to pigeon pea crops and discourages farmers from growing them and taking advantage of the increased export demand. Much land is left bare and the few farmers that do grow crops during the dry season are forced to put up fences. This study assesses ex-ante implications, especially on agroecological transformation and economic growth, of shifting local governance arrangements among farmers around keeping livestock towards controlled systems. These externalities have been understudied in the development programming, yet their impacts are substantial, especially in lower-income countries. The policy solution under study is for the local government and non-state actors to support local governance arrangements through indirect payments to agroecosystem services. These can include information campaigns on benefits of controlled livestock systems, training and subsidizing modern goat house construction and feed preservation, and contract farming and product certification for adhering to acceptable community norms. Medium-term policy interventions include varietal development of adaptable short duration pigeon pea, initiating a review of the appropriate laws, and instituting more studies to understand these community norms.

Law Enforcement for Fraud Offenders on behalf of Banks Through Online According to Islamic Criminal Law

This research aims to find out the modus operandi of criminal fraud on behalf of banks through online, to find out law enforcement for fraud perpetrators on behalf of banks through online at the North Sumatra Regional Police, and to find out the review of Islamic criminal law in fraud cases on behalf of banks through online. This research uses a qualitative empirical research strategy in the field of law. Interviews with members of the North Sumatra Regional Police became the main data source, while literature surveys of online journals, papers, and articles related to fraud legislation became secondary data. Data reduction, data presentation, and conclusion drawing are the three stages of qualitative data preparation. Article 378 of the Criminal Code can be used to regulate the crime of online fraud, according to the above study. To strengthen the legal basis, Article 28 paragraph (1) of the ITE Law can be followed. Islamic criminal law, which is based on hadith and the Quran, does not provide clear guidelines on how to deal with internet fraud involving banks. Islamic law includes general principles that should be followed, and their application depends on the interpretation of local scholars or religious authorities. In the case of online fraud on behalf of a bank, which is included in the crime of fraud, it can be subject to ta'zir punishment such as a stern warning, a material fine whose amount is adjusted to the victim's loss, imprisonment, flogging, or also exile from society for a while.

Reasonableness as Responsiveness in Administrative Law in the United States, United Kingdom, and Canada: Kant and Arendt on the Role of the Community in Deferential Judicial Review

Abstract When conducting judicial review of administrative decisions using a deferential standard of review, courts should give a greater role to the decision maker’s responsiveness to the interests of the community of judgment—those directly affected by the decision. This Article uses a theory of judgment developed by Immanuel Kant in the Critique of Judgment, and elaborated by Hannah Arendt, to justify why consideration for the community is essential to deciding reasonably. It also reviews the approach to deferential review in the case law of the United States, the United Kingdom, and Canada to determine what the effect would be of this new approach to assessing the reasonableness of a decision. While reviewing courts usually consider the rationality of the decision for achieving the decision maker’s statutory policy goals and the appropriateness of the decision maker’s appreciation of the relevant facts, they do not generally probe the responsiveness of their reasons to the concerns of those affected by it. This Article suggests that courts should do so. The result is that administrative law will in future require better quality reasons from decision makers. Probing the responsiveness of reasons to the concerns of the community of judgment will require courts to compare the weight that the decision maker has placed on facts and arguments to the weight given to them by community members. This will be a significant change in how courts conduct judicial review, but it should enhance the legitimacy of deferential judicial review.

The system of administrative courts of the Federal Republic of Germany: organization and functioning

The article is devoted to the organization and functioning of administrative courts of general and special jurisdiction in the Federal Republic of Germany. Administrative justice in Germany is an independent branch of judicial power. It is represented by administrative courts of general and special jurisdiction and is separated from constitutional, general courts and courts of labor disputes.
 The system of administrative courts of general jurisdiction in Germany covers three levels: the administrative courts, the higher administrative courts of the states and the Federal Administrative Court in Leipzig. The administrative court is the court of first instance for most administrative proceedings. The higher administrative courts of the federal states are the appellate and cassation instance of the administrative courts. Each federal state has a Supreme Administrative Court, the states of Berlin and Brandenburg share a Supreme Administrative Court, which, with the exception of Bavaria, Saxony- Anhalt and the city-states, are not located in the capital of the state to emphasize their independence from the administration in terms of location. Higher administrative courts are courts of first instance in cases of judicial review of laws and regulations, prohibition of associations by state bodies, and approval of implementation of certain infrastructure projects. The Federal Administrative Court, located in Leipzig, is the court of appeal and cassation on matters of law. The legislature also gave the Federal Administrative Court first-instance jurisdiction in public law disputes between the federal government and non-constitutional Länder, bans on mergers by the Federal Minister of the Interior or approvals for certain infrastructure projects. In these cases, the Federal Administrative Court has jurisdiction of both first and last instance.
 A feature of administrative justice in Germany is the presence of special courts of administrative justice – financial and social courts with appropriate organization and functioning. The issue of the status of judges of administrative courts, non-professional judges, representatives of public interest, judicial administration, competence and jurisdiction was considered.

Regulatory Reviews: Revolutionary Re-imagining of Charity Law or Simply Restatements of Convenience?

AbstractThis article examines a decade of charity law review processes in six jurisdictions—Australia, New Zealand, Northern Ireland, Scotland, England and Wales and Ireland. Using a life-cycle basis viewed through a functional comparative lens, it examines review terms of reference, stakeholder involvement in public consultations, report recommendations and governmental responses. The article compares post-review recommendation implementation across government-owned and independent review processes. In identifying areas most open to and most difficult to reform (including charity definition and advocacy) and probing the hidden state/non-profit sector tensions that underlie such reform attempts, this article provides new insights for future review processes.

Legal Review of Environmental Law Concerning Illegal Sand Mining

This research aims to analyze the regulations, enforcement, and legal sanctions related to illegal sand mining in Batam City. Additionally, the study seeks to assess the environmental impact of illegal sand mining activities and evaluate the efforts made by the Batam City Government and law enforcement authorities in combating illegal sand mining practices. A normative juridical approach, particularly the statute approach, is employed in this research. The research methodology involves data collection, examination of legal regulations, doctrines, juridical aspects, and societal norms. The results indicate that authorities with jurisdiction should anticipate potential issues and environmental damage arising from illegal sand mining. Therefore, the protection of the environment and natural resources needs to be strengthened to ensure the safety of Batam City residents. The Batam City Government is expected to take decisive measures to halt illegal sand mining, including the implementation of criminal sanctions and confiscation of tools used by illegal actors in accordance with applicable regulations.

Kekosongan Hukum dalam Hal Mengadili Permohonan Keputusan Tata Usaha Negara Fiktif Positif

Indonesia established a State Administrative Court to resolve disputes between the government and the community. Initially, the State Administrative Court had the authority to make decisions on accepting positive fictitious applications based on the Government Administration Law, but since the introduction of the Job Creation Law, the authority of the State Administrative Court has been abolished. So there will be a judicial review of the Job Creation Law. Decision Number 10/PUU-XX/2022 is a judicial review of the Job Creation Law. The decision explains that the application cannot be accepted because it is still premature because the Job Creation Law has still been formally revised for two years since 2020. This research is normative juridical research. The result of this research is that there is a legal vacuum in the authority to grant acceptance of positive fictitious applications because the Job Creation Law does not regulate it, so that if the Government still does not regulate this matter, then the Government must create a new institution that can provide decisions on accepting positive fictitious applications.

Legal Policy for Women Workers in Indonesia: A Review of Contemporary Islamic Law

The Indonesian government issued Regulation in Lieu of Law (Perppu) Number 2 Year 2022 on Job Creation by amending several contents of the regulation. After the issuance of the regulation, attention has been focused on the regulation of the protection of women in law. Therefore, this study aimed to determine the effect of Government Regulation on Job Creation regarding the welfare of women workers in the review of contemporary Islamic law through siyāsah dusturiyāh. The analysis was conducted through library study, using data sources acquired from the literature pertaining to the Government Regulation in Lieu of Law on Job Creation. The results showed that in contemporary Islamic legal study, the concept of siyāsah dusturiyāh emphasized policy formation to achieve benefits measured through Maqasid Shari'ah. According to Perppu, every citizen was able to secure employment and receive fair as well as dignified compensation and treatment in labor relations, including the protection of women workers. However, several aspects did not work in accordance with the objectives and had a negative impact on women workers. These included the threat of low wages, the expansion of the outsourcing system, and the obligation of prolonged leave, which no longer persisted. In this context, Perpu was not consistent with the purpose of the benefit of women workers.

Measures to improve ship inspection system in Korea by amending administrative crime provisions of the Ship Safety Act

ABSTRACT Following the tragic sinking of the Sewol Ferry, there was a significant increase in the prosecution of criminal cases involving ship surveyors and their professional responsibilities. In 2015, the Ship Safety Act of Korea introduced new Paragraphs 13-2, 13-4, and 13-5 in Article 83. These amendments aimed to penalize individuals who engage in fraudulent or improper practices during surveys. It classified such actions as a serious offense. Accordingly, the elements of the crime of interference with business in criminal law have become less complex and easier to prove. Given that ship surveyors were already legally liable for obstructing business activities under the Criminal Act before the implementation of this provision, it is necessary to assess whether the existing legislation allows for disproportionate penalties. This study aimed to assess the validity of legislative principles, including the constitutional proportionality principle, the violation of legalism in criminal law, the limitations of dangerous criminal law, and the issue of overcriminalization. We conducted a comparative review of laws and assessed their potential impact on the industry through an online questionnaire distributed to ship surveyors and professionals in related fields. As a result, we proposed amending the related penalty provisions of the Act.

Editorial: Common Market Law Review Prize For Young Academics 2024

Editorial: Common Market Law Review Prize For Young Academics 2024

형사절차에서 수사보고서의 의미와 역할

If there is a document that is most often used in investigative proceedings, it is probably an investigation report. However, until now there has not been sufficient discussion about the nature and role of investigation reports. From previous discussions, it appears that an investigation report is understood to be a document for internal reporting within an investigative agency. However, this understanding does not properly reveal the essence of the investigation report or encompass the various types of investigation reports written in practice. The cause of the misunderstanding is the lack of understanding that the investigation is part of the criminal prosecution procedure, the form of the investigation report in which a subordinate reports to a superior, and the name of the investigation report that refers to 'report' rather than 'record'.
 Essence means being able to say ‘that is ~’ about an object, and definition is the formalization of essence in language. The primary purpose of writing an investigation report is to record the performance of duties, and the scope of writing is not limited to the investigation, that is, the confirmation of facts (step 2), but also includes the stage of review of applicable laws and regulations in accordance with the legal syllogism (stage 1) and the application of laws (stage 3) in criminal prosecution procedure. Therefore, if we redefine the concept to include all of these, it can be said to be “a document recording atypical prosecution preparation activities necessary for criminal prosecution judgments written in the name of an investigator other than the person authorized to prosecute the case.”
 The investigation report is a means of recording criminal prosecution procedures based on Article 57 of the Criminal Procedure Act, etc., and the investigation report recorded in this way and included in the case record is judgment data such as the judgment of criminal prosecution, the subsequent adequacy review thereof, and the legality and feasibility of the investigative act. As an object of discovery of evidence, it functions as a means of guaranteeing the right to defense of suspects and defendants.
 In order for an investigation report to do its job, it must be faithfully written. If it is a complex case, it is also necessary to prepare an investigation report related to the application of the law or the applicable law so that the reasons for the prosecution can be known. In order to activate the function of the investigative report as a means of guaranteeing the right to defense, a more proactive attitude toward requesting evidence and discovery of evidence in the investigation report is required.

Boho Oi Mbaru Traditions In Community Wedding Culture Mbojo Tribe in Dompu District NTB: Review The Perspective Of Islamic Law

This research aims to find out how the practice and review of Islamic Law in the Boho Oi Mbaru tradition at weddings of the Mbojo Tribe community in Dompu Regency, West Nusa Tenggara Province. This research uses descriptive qualitative research with a field study approach from anthropology and sociology. The collection techniques are observation, interviews and documentation. Meanwhile, data analysis processing techniques use reduction, data presentation and drawing conclusions. The results of this research show that first, the process of implementing the Boho Oi Mbaru Tradition is the Boho Oi Mbaru Tradition, a custom of the people of Dompu Regency at weddings. This Boho Oi Mbaru tradition is carried out before the wedding ceremony. In this tradition, only the bride is bathed, while the groom is not bathed. The aim is to hope that the bride will not act like she did when she was a girl, and the community believes that carrying out this tradition can produce offspring who are worthy and obedient to their parents, and diligent in worship. Second, the view of Islamic law regarding the practice of Boho Oi Mbaru in community marriage customs is permissible because looking at the procedures for its implementation and its purpose there are no elements that give rise to sharia arguments, as long as the community customs do not conflict with the Koran and al-Hadith then permitted, unless the custom violates the provisions of Islamic law. Thus, it is necessary for the Dompu community and government to be able to maintain and maintain the identity of the Dompu in all activities, especially at weddings..  

Prawo do tożsamości dziecka urodzonego w drodze surogacji

The following article examines the right to identity of children born through surrogacy. It is a review of international law, the jurisprudence of the European Court of Human Rights (in particular, Mennesson v. France, Labassee v. France, Paradiso and Campanelli v. Italy, A.M. v. Norway), Polish state law, jurisprudence and legal literature, the purpose of which is to establish: what is the right to identity, what is its scope and elements, and what is the current standard of protection of the child’s identity. The article also addresses the conflict between the right to identity of a child born as a result of a surrogate pregnancy, in the context of the right to know one’s origin, and the right to privacy of gamete donors who wish to preserve their anonymity.

Trashing the Tables: The Critical Legal Studies Symposium of the Stanford Law Review, Then and Now

When the critical legal studies (CLS) movement emerged in the United States, many in the legal community were shocked by the movement’s radical calls to remake legal education. But the movement also presented bold criticisms of quantitative legal scholarship and calculation in law that have proven remarkably prophetic. This article resuscitates the CLS movement’s concerns over “scientific law” in one of the movement’s most canonical works: the Critical Legal Studies Symposium issue of the Stanford Law Review in 1984. Along the way, this article explores the scope and limits of CLS admonitions regarding quantitative research and legal problem solving for the present day.

Estimated Taxation Method in the Saudi Income Tax Law

The thesis delves into the complex realm of the Estimated Taxation Method within the Saudi Income Tax Law, offering a comprehensive analysis of this crucial aspect of taxation. The study aims to fill a significant gap in the existing literature by providing a detailed examination of the legal framework surrounding estimated taxation and the challenges faced by taxpayers in Saudi Arabia. Through a meticulous review of primary and secondary sources, including law review articles and academic documents, the thesis employs deductive reasoning to scrutinize the regulatory framework governing estimated taxation. By focusing on the specific context of Saudi Arabia, the research sheds light on the uncertainties and ambiguities introduced by the expansive discretion granted to the tax authority in imposing estimated taxation. The significance of this study extends beyond academic discourse, as it aims to provide valuable insights for foreign investors considering investments in the Kingdom of Saudi Arabia. It gives a preamble to foreigners seeking to invest in the fast-growing economy of Saudi Arabia. In other words, the research seeks to enhance clarity, consistency, and adequacy in the regulatory framework governing taxation. It achieves this by offering a nuanced understanding of the Estimated Taxation Method and its implications for taxpayers. Overall, this thesis contributes to the ongoing dialogue on tax laws and income tax, emphasizing the need for a well-defined regulatory framework that balances the interests of taxpayers and the tax authority. In sum, by addressing a novel aspect of taxation not previously explored in published research, this study enriches the understanding of tax policies and their impact on economic activities in Saudi Arabia.

Protection of Natural Environment and Cultural Property during Armed Conflict: An International Humanitarian Law Perspective

With the evolution and development of jus in bello, conflicts of both internal and international character have given due consideration to limit human casualties and minimize suffering. Post-World War trials in Nuremberg and Tokyo played a crucial role in influencing modern International Criminal Law. The international community soon realized the necessity to draft various international legal documents and establish the International Criminal Court to prosecute individuals for various categories of crimes including War Crimes. Article 8 of the Rome Statute has classified acts of destruction of the natural environment and cultural property within the ambit of the definition of War Crime. However, with a higher threshold required to prove the crime of destruction of the natural environment and a human rights approach taken in cases of destruction of cultural property, both areas seem to need much exploration and research. This paper scrutinizes the development of laws of war and dives deep into the jurisprudence laid down in various decisions of the ICC to protect these civilian objects during armed conflict. It further elucidates the lacunas in the law and explains how they may lose their protection guaranteed by humanitarian law and can be the target of attack if these civilian objects are used to achieve a military advantage. Based on the elucidation of various primary sources like legislations and case laws along with secondary sources like legal textbooks and commentaries, law review articles, and legal encyclopedias, the paper generated is descriptive with a slight element of critical analysis of the international legal framework.