Legal Boundaries Research Articles

Legal Boundaries and Freedom of Speech in Trademark Parody: Jack Daniel's v. VIP Products, LLC

In the context of evolving trade mark law, the boundary between trade mark parody and creative freedom has become a critical but under-explored area. This paper examines the legal case of Jack Daniels v. VIP Products LLC, thoughtfully assessing the legal parameters surrounding trademark parody and the equilibrium between creative expression and brand safeguarding. It explores the circumstances that have led to the emergence of trademark parody, emphasizing the constraints of trademarks as a means of expression within the realm of parody. This study focuses on clarifying the legal boundaries of trade mark parody and the need for freedom of expression. The paper adopts a case study approach and provides an in-depth analysis of the case of Jack Daniels v. VIP Products, LLC. It advocates for an adaptable legal framework that honors the sanctity of trademarks while also valuing the artistic liberty of creators and commentators. The paper argues in favour of more robust legal standards to accommodate the evolving nature of slapstick parody in the digital age, ensuring that the essence of creativity is preserved while protecting trademarks from dilution and infringement.

Legal Protection for Police Officers in Handling of Labour Demonstrations

Labour demonstrations often involve social tensions that pose legal risks for police officers. This study aims to analyse the implementation of legal protection for police officers handling labour demonstrations in Surabaya. The research employs a normative juridical method, utilising statutory, conceptual, and case approaches. The findings reveal that police officers' understanding of legal boundaries in managing demonstrations needs improvement, and challenges persist in ensuring effective legal protection. Therefore, this study recommends enhancing human rights-based training, developing clear internal policies on the use of force, and providing proactive legal support for police officers. These measures are expected to minimise the risk of criminalisation against officers acting in accordance with procedures and to enhance professionalism in handling labour demonstrations.

Exploring the Foundations of Administrative Regulations: Constitutional Basis, Police Powers, Eminent Domain, and Taxation

Abstract: This paper explores the foundational aspects of administrative regulations, focusing on their constitutional basis, the exercise of police powers, eminent domain, and taxation. Administrative regulations are essential tools through which government agencies implement and enforce laws, ensuring compliance and governance in various sectors. The paper begins by examining the constitutional principles underlying administrative regulations, including the delegation of legislative powers and the role of judicial review. It then explores the scope and limitations of police powers, emphasizing how administrative agencies regulate public health, safety, and welfare while adhering to constitutional safeguards. Additionally, the paper delves into the use of eminent domain, considering the legal boundaries of governmental power to acquire private property for public use and the regulatory role of administrative bodies in this process. Finally, it analyses the constitutional basis for taxation and the role of administrative agencies in the enforcement and regulation of tax laws, highlighting challenges in compliance and administration. The paper aims to provide a comprehensive understanding of how administrative regulations operate within the framework of constitutional law and their impact on governance and individual rights.

The ‘Peaceful Purposes’ Principle and Space Weaponization: Legal Dilemmas and Future Directions

The international community faces an unprecedented challenge in establishing legal boundaries in outer space to prevent an escalatory arms race. This article aims to contribute to legal scholarship by addressing the question: How do existing legal frameworks govern space weapons, and what commonalities can inform the development of future legal initiatives? By conducting a thorough examination of four legal initiatives alongside the Outer Space Treaty (‘OST’) – the draft Treaty on the Prevention of the Placement of Weapons in OST (PPWT), the EU International Code of Conduct (‘ICoC’), the work of the Group of Governmental Experts (GGE) on the Prevention of an Arms Race in Outer Space (‘PAROS’) and of the Open Ended Working Group (‘OEWG’) – this study categorizes and analyses them across four categories relevant to the weaponization debate. Whereas these initiatives have largely stalled, they contain the views of certain groups of states that help inform a discussion on relevant matters of space arms control.The findings reveal substantial overlaps among these initiatives, illuminating pathways for future legal frameworks that can effectively regulate space weaponization. Furthermore, the nuanced interpretation of ‘peaceful purposes’ within the Preamble of the OST adds complexity to the legal landscape, revealing both shared commitments and divergences among the initiatives regarding its interpretation. While all four frameworks affirm the necessity for non-aggressive uses of outer space, they differ in their regulatory approaches. This article argues that adopting behavioral norms accompanied by a legally binding instrument represents a shift in space law suitable to address weaponization, providing a flexible and effective means to govern both intentional and unintentional harmful actions in space, thus contributing to safeguarding global security and the sustainability of outer space activities.

Openness of the judiciary and legal boundaries of public participation

The judicial branch of government is fundamentally distinct from the executive and legislative branches. Legal norms governing judicial proceedings strictly limit external influence on the courts’ decision-making process. Courts operate independently from other state bodies, are shielded from external interference, and function within a framework meticulously regulated by law. However, in practice, it is challenging to confine judicial proceedings entirely to a professional legal framework or eliminate all potential social influences on the process. The quality of a judiciary is a crucial indicator of the level of democracy within a state. Only a democratic state can establish the necessary conditions to build a self-governing and socially responsible judiciary that enables active public participation in the administration of justice. Such a state must ensure equal and unrestricted access to justice, maintain order in judicial proceedings, and guarantee that every participant can exercise their legal rights. A democratic society thrives on shared responsibility for the effective functioning of the state. By engaging in public governance processes, citizens contribute to the strengthening of democratic institutions, the protection of human rights, and the promotion of collective well-being. This article examines key legal and ethical aspects of the relationship between the judiciary and the public in democratic states. Particular emphasis is placed on analyzing the limitations imposed by the state to balance transparency with the protection of participants’ rights during judicial proceedings. Public participation must adhere to order and defined boundaries. This principle is embraced by most modern democratic states, where laws outline not only the rights but also the obligations of citizens observing court proceedings. By doing so, these laws establish a legal framework that regulates public involvement in the judiciary’s functioning. This article offers an original classification of the legal boundaries for public participation in the judiciary.

Pertanggungjawaban Hukum Notaris Pengganti dalam Pembuatan Akta Melampaui Kewenangan di Indonesia

A substitute notary is a temporary official appointed to perform the duties of a primary notary during their absence, such as during leave or illness. Under Law No. 2 of 2014 concerning the Notary Office, a substitute notary holds the authority to create authentic deeds and manage protocols, similar to a primary notary. However, exceeding this authority poses significant legal risks, potentially invalidating deeds and leading to serious legal consequences. This study examines the legal responsibilities of substitute notaries in ensuring the validity of deeds they produce, emphasizing the importance of adhering to their defined authority and professional ethical standards. It aims to analyze the implications of substitute notaries exceeding their authority in drafting deeds, particularly in terms of deed validity and legal accountability. Furthermore, the research highlights the necessity of limiting substitute notary authority and implementing strict supervision to uphold the integrity of notarial practices. Using a normative legal method (juridical-normative), the study analyzes laws and regulations through a literature review and qualitative analysis of primary, secondary, and tertiary legal sources. The findings reveal that the legal liability of substitute notaries for deeds made beyond their authority encompasses civil, criminal, and administrative aspects. Such actions can render deeds invalid and cause harm to the parties involved. This research contributes to the field by providing a comprehensive understanding of the legal and ethical boundaries that substitute notaries must respect, offering insights for policymakers to enhance regulatory frameworks and supervision mechanisms. It also serves as a reference for legal practitioners and scholars to identify preventive measures and solutions to mitigate the risks associated with notarial misconduct.

Literature Review The Good and Bad Sides of Earnings Management on Accountant Integrity

Many People Believe Earnings Management Is Bad. This Study Examines The Issue From A Different Perspective Than Earnings Management. Qualitative Research Uses Literature Review. The Results Of This Study Indicate That Earnings Management Is Not Fraud. “Deceptive Behavior That Can Be Punished By Law” Or “Criminal Acts Of Fraud” Are Definitions Of Fraud. Because Earnings Management Falls Within Legal Boundaries, The Deviation Of Reported Earnings From Underlying Earnings Or Economic Earnings Caused By Earnings Management Is Legal Or Permitted By Corporate Law And Accounting Standards. The Results Of This Research Enrich The Literature On Financial Accounting, Particularly Accounting Theory. The Findings Of This Research Have Significant Implications For Regulators And Lawmakers. Regulators Usually Consider Earnings Management As An Issue That Needs To Be Addressed Immediately.

Defining the Legal Status of an Individual’s Digital Twin (Surrogate)

With the rapid expansion of the internet, the extensive digitalization of all aspects of modern society, and the accelerated adoption of artificial intelligence technologies, the concept of digital twins has become increasingly relevant. However, modern legal science still needs to bridge the gap in regulating digital twins and establish clear approaches to their use. In this article, the legal status of digital twins, a concept new to Russian law, was examined. The potential impact of digital twins on legal relations was estimated. The major legal problems and risks resulting from the use of digital twins of humans were identified and discussed. It was proposed to legally define the concept of a digital twin (surrogate) and digital human rights, set legal boundaries for the actions of an AI-driven digital twin, adjust access levels for various services, delineate the legal implications of actions taken by digital twins in virtual environments, and outline clear and effective methods to protect digital twins.

Defining Jurisdictional Boundaries in Thirteenth-Century Danish and Norwegian Town Law

ABSTRACT The paper examines jurisdictional boundaries in late thirteenth-century town laws from Denmark and Norway, and the agents defining them. Danish towns were distinctly delineated physically and legally, while Norwegian towns had more flexible boundaries, with blurred physical demarcations. The border between burghers and other groups remained porous. Town laws, often overlooked, are analysed as normative frameworks within overlapping systems. The study nuances conventional jurisdictional narratives, highlighting the interaction of territory and people in shaping legal boundaries. By comparing urban jurisdiction in Denmark and Norway, variations in definition and administration are identified. The focus on legal actors illuminates distinctions within urban populations and complexities within towns. The study underscores the dynamic and performative nature of territorial jurisdiction, suggesting divergences may stem from legal actors’ interests, geographical disparities, and population patterns rather than differing legal ideologies or royal power.

American College of Veterinary Radiology and European College of Veterinary Diagnostic Imaging consensus statement on imaging report foundations.

Imaging reports are official medicolegal documents, detailing the conduct and interpretation of imaging studies in patient care. They serve as the primary means of communication for radiologists and significantly influence clinical decisions. This consensus statement, produced by a panel of the American College of Veterinary Radiology and European College of Veterinary Diagnostic Imaging board-certified veterinary radiologists through a modified Delphi method, addressed three key competency domains: basic patient care documentation, crafting meaningful reports, and ethical practice within legal boundaries. Meaningful reports move beyond documenting findings and providing impressions having qualities that foster effective communication for the betterment of patient care.

Connectivity of Discretionary Status in State Administrative Court Lawsuit: Implications After Law Number 6 of 2023 on Amendments to the Job Creation PERPPU

This research aims to analyze the impact of regulatory changes on the handling of discretionary authority within the State Administrative Court (PTUN) in Indonesia. Specifically, it examines how the legal status of discretion as an object of dispute has evolved following the enactment of Law No. 6 of 2023, which amended the Job Creation Perppu. The study focuses on how this legislative reform affects the acceptance and settlement of lawsuits related to discretionary decisions by public officials, as well as the legal boundaries that define which discretionary actions can be challenged in court. Using a normative juridical approach and in particular, this research employs statutory analysis to evaluate relevant laws and regulations, case studies to analyze precedents in PTUN decisions, and a comparative approach to assess differences in discretionary oversight before and after the enactment of Law No. 6 of 2023. The findings show that Law No. 6 of 2023 enhances judicial oversight of discretionary actions by allowing challenges based on both procedural and substantive grounds. It sets clearer limits on discretionary authority, requiring decisions to meet standards of transparency, accountability, and public interest. This reform strengthens the PTUN's role in reviewing not only the legality but also the justification of administrative decisions, offering citizens greater protection against arbitrary discretion and promoting good governance. This research contributes to academic discourse on administrative law by offering specific insights into how Law No. 6 of 2023 impacts discretionary authority and PTUN supervision. It highlights that the law now requires discretionary acts to meet stricter standards, focusing on procedural transparency and substantive justification. For instance, public officials must ensure their decisions align with good governance principles, and PTUN now plays a stronger role in assessing the substance of these actions. This provides legal practitioners with clearer guidelines for handling disputes involving discretion, particularly regarding the balance between decision-making flexibility and citizen protection.

The Ethical Paradox of Informed Consent in HPV Vaccination: Examining the Legal Boundaries and Ethical Considerations of Parental Consent, Public Health, and Individual Rights

Background and Objective: Effective communication is crucial in medical procedures, and informed consent is a key example of this. However, informed consent may face unique circumstances, such as in life support situations or government health programs. The Human Papillomavirus (HPV) vaccination, as part of a government initiative, raises the question of whether informed consent is still required. The study aims to explore whether informed consent is still necessary for the HPV vaccination and to analyze the legal implications if a citizen refuses to receive the vaccine. Patients have the right to refuse medical actions, making it essential to understand the legal consequences of rejecting the HPV vaccination. Methods: This study adopts a normative juridical approach with an analytic descriptive specification. Secondary data was gathered from primary, secondary, and tertiary legal sources through literature reviews, document studies, and archival research. The collected data was then analyzed qualitatively and presented in a descriptive format. Results: The study found that there are exceptions to the requirement for informed consent for vaccinations included in government programs. Specifically, informed consent is not necessary for individuals within the target age group of the government’s HPV vaccination program. In Indonesia, this program targets girls aged 9 to 14. Additionally, there are currently no legal penalties for individuals who refuse the HPV vaccination. Conclusion: Informed consent is not required for individuals within the targeted age group of the government’s HPV vaccination program in Indonesia. Furthermore, there are no legal penalties for rejecting the vaccination.

Artificial intelligence applied to early childhood education: A focus for educational research?

The study focuses on a currently emerging topic: artificial intelligence (AI). The impact of AI on the field of education is considerable. The possibilities and risks associated with its use are already well known, especially when the ethical and/or legal boundaries associated with it are crossed. However, the potential of AI as an emerging technology, in the field of education in general, and in early childhood education in particular, is yet to be realised. In this paper we consider what has occurred to date, and then focus the attention of researchers who have conducted studies in the field of early childhood education. To do this, we adopted a bibliometric study approach. This type of analysis has allowed us to consider the scientific activity carried out in the field of AI as applied in early childhood education. As we note throughout this paper, this type of analysis is highly valued among the scientific community as a way of assessing the quality, productivity and scientific evolution of a subject of study. It provides academics with valuable information about research conducted in a particular area. Following the recommendations of experts in the field, in this paper we not only address the volume of publications (quantity), but also assess other scientometric indicators that measure their quality. The results of this study then can make a significant contribution to the field of research and work in early childhood education in the face of the new challenges presented by today’s society.

Legal and Ethical Boundaries of Company Refusing Service Considering Individual's Public Statements

As the impact of public discourse on the relationship between individuals and corporations becomes increasingly pronounced, this paper examines the legal and ethical issues surrounding when a company may refuse service based on an individual's public statements. The field of study has its deficiencies, particularly in the lack of clear guidelines at the intersection of freedom of speech and corporate rights. This paper aims to clarify the boundaries of rights between companies and individuals by analyzing specific legal cases, such as 303 Creative LLC v. Elenis and Masterpiece Cakeshop v. Colorado Civil Rights Commission and discusses the potential damages that may arise from refusing service. The study finds that companies can refuse service in specific circumstances without violating the law, especially when service provision may harm the company or its clients. This conclusion emphasizes the importance of respecting freedom of speech and protecting corporate rights. The significance of this research lies in providing legal guidance for companies dealing with service refusals based on public statements and offering a reference for future legislative and judicial practices, contributing to a deeper understanding and respect for freedom of speech and corporate rights.

To Eat or Not to Eat: The Donkey as Food and Medicine in Chinese Society from the Medieval Period to the Qing Dynasty.

Humans and donkeys have had a closely interactive relationship throughout history, despite being two completely different species. How has Chinese society viewed the donkey in its long history? How have donkeys been used? And what kind of boundaries do people place on the donkey? This study has focused on the consumption of donkey in Chinese history from medical, cultural and legal aspects. All in all, considering food, medicine, and legal viewpoints, from the medieval period to the Qing Dynasty (1644-1911), the question whether or not one should consume donkey depended on its characteristics, taste, texture, and the side effects, as well as whether the manner of consumption is consistent with social moral standards and its derived legal boundary issues.

Концептуальные основы миграционной политики ЕС и ее современная трансформация: тенденции законодательства конфедерации

The article delves into the analysis of the conceptual institutional and legal foundations of migration policy in the European Union. Following the events of the “Arab Spring”, European countries became a focal point for millions of refugees from North Africa and the Middle East. The European system proved unable to accommo-date and integrate such a large number of immigrants, who significantly differ from Europeans in cultural and religious aspects. Furthermore, the existing migration framework in the EU was prepared to accept and inte-grate only a limited number of migrants, providing them with high social benefits and allowances. The influx of refugees overwhelmed the system and necessitated radical reforms, which were initiated belatedly in 2015. It was only in 2024 that the European Commission reached an agreement on the “New Pact on Migration and Asylum”, which will enter into force in 2026. However, the new document appears to be poorly coordinated and is unlikely to fully resolve the myriad migration challenges faced by the EU. Consequently, European countries have been compelled to seek individual solutions, creating migration reception hubs outside of the EU. Ulti-mately, the issue of migration within the EU remains unresolved, with attempts at resolution frequently trans-gressing legal boundaries and resulting in widespread violations of refugee rights.

Affirmation of the rights and obligations of couriers in cash on delivery marketplace transactions

The Cash on Delivery (COD) payment scheme in Indonesia has become a popular choice in e-commerce, offering convenience and trust to consumers, particularly those without access to digital banking services. However, this scheme presents significant challenges, particularly for couriers who bear the brunt of operational and financial risks. Despite their role as intermediaries, couriers face unfair expectations, including bearing the costs of unpaid goods or managing buyer dissatisfaction over product non-conformity. This research examines the rights and obligations of couriers in COD transactions through a normative legal and case study approach. The findings reveal systemic gaps in legal protections and a lack of clear regulatory frameworks to safeguard couriers' rights, compounded by unfair corporate policies and limited awareness among couriers regarding their legal boundaries. To mitigate these challenges, the study recommends developing comprehensive legal frameworks, promoting good faith among transaction parties, and exploring innovative solutions such as integrating technology to enhance transparency and accountability. This study contributes to the legal and e-commerce fields by proposing actionable solutions to protect couriers while fostering a sustainable COD ecosystem. Future research should focus on comparative studies of international practices, the psychological impact on couriers, and alternative payment systems to address the inherent risks in COD transactions.

OS ASPECTOS SOBRE A LEGITIMIDADE DA AÇÃO POLICIAL MILITAR E A RESPONSABILIDADE JUDICIAL: UMA ANÁLISE DA VIOLÊNCIA INSTITUCIONAL E DA IMPUNIDADE

The present study aimed to analyze aspects related to the legitimacy of military police actions and judicial accountability, focusing on institutional violence and impunity. The research begins by examining how the legitimacy of police actions is constructed and perceived by society, and it further investigates the legal consequences of police actions, especially when they involve abuse of authority or excessive use of force. In this context, it highlights the importance of assessing the legal and ethical boundaries of military police actions and the role of the justice system in holding these actions accountable. For the development of this study, a bibliographic and qualitative methodology was adopted. The analysis was based on existing literature on the topic, including legislation, academic articles, theses, dissertations, and other relevant documents. This approach allowed for an in-depth understanding of the historical, cultural, and institutional processes that influence both police conduct and the judicial system's response in cases of institutional violence.The results indicate that, in many cases, there is a gap between what is established by law and the actual practices on the streets, particularly regarding the use of force and abuses committed by certain security agents. It was observed that impunity in specific cases of police violence generates a perception of distrust in society toward the institutions responsible for enforcing the law, which directly impacts the legitimacy of police actions.

Legal consciousness and the crypto phenomenon: property ideologies, innovations and potential ramifications on financial system stability

AbstractHow does the understanding of law among individuals involved in the crypto phenomenon originate, and how does it impact the trajectory of this innovation? This article examines the legal consciousness of crypto industry participants and state actors, exploring their ideologies on law, property and innovation through extensive document and archival research. It highlights the interplay between the crypto industry’s perception of crypto-assets’ possessing dynamic and self-regulating qualities beyond traditional legal boundaries and the increasing willingness of state actors, despite their reservations, to utilise law as a flexible tool to embrace innovation and promote economic competitiveness. By employing Minsky’s financial instability hypothesis, this article contextualises such legal consciousness within the financial system and contends that collective legal consciousness and associated behavioural dynamics substantially shape state–industry interactions, with the potential to destabilise the financial system. This article sheds light on the challenges presented by crypto-assets and the intricate interplay between law and technological advancements.

Our other Others: on perpetration, morality, and ethnographic unease

AbstractThis article critically assesses the impact of political and moral positions within contemporary anthropology. Re‐examining ideas of advocacy and the ethical within the discipline, it argues for an alternative political anthropology that focuses on perpetration rather than victimhood, offenders rather than the offended. If anthropology wants to be a discipline that works against social wrongs and suffering, then understanding the positions and perspectives of those causing them is, we contend, a necessary point of departure. Yet how can we approach people ethnographically who transgress bodily, legal, and moral boundaries, and why is this not more commonly done? In answering these questions, we analyse mainstream disciplinary ethics, both current and historical, and highlight some of the reactions that the study of perpetrators evoke in anthropologists. This illuminates an inconsistency within political anthropology. While there is ample theoretical and ethnographic nuance within the subdiscipline, this complexity seems to fade when we focus on perpetration. We suggest that anthropology engages more fully in the study of perpetration and approaches the issue by clarifying how (mis)dynamics are anchored within shared social worlds and historical becomings. This article thus calls upon us to expand our anthropological attention and curiosity beyond what might be morally comfortable.