Legal Constraints Research Articles

Exploring the experiences of cardiovascular perfusionists during philanthropic cardiac surgery in low-income countries.

Background: Medical mission trips address the global burden of cardiac disease, particularly in Sub-Saharan Africa, where limited access to cardiac surgery exacerbates challenges faced by affected individuals. However, a lack of literature exists on the experiences of perfusionists involved in these missions, despite their crucial role in delivering cardiac surgery services. Therefore, the purpose of this descriptive study was to evaluate the experiences of cardiovascular perfusionists involved in philanthropic cardiac surgery in low-income countries.Methods: A descriptive survey research design was conducted among perfusionists who have participated in cardiac mission trips. The survey link was distributed in February 2024 via the Liv Perfusion LLC social media account. The survey included questions regarding years of experience, countries visited, adequacy of equipment and personnel, language and cultural barriers, and establishment of long-term care.Results: A total of 23 respondents completed the survey, 15 of which were included in the study. All of the survey takers were perfusionists with a mean clinical experience of 10.67 ± 7.96 years and 67% held a master's degree. All of the survey respondents were either very satisfied or satisfied with their cardiac mission trip experience. Despite high satisfaction, 60% reported language differences, and 40% reported cultural barriers and legal restrictions as significant challenges in their delivery of care. Additionally, 67% reported having adequate medical equipment and 80% reported having adequate personnel during the mission trip.Conclusion: In summary, cardiovascular perfusionists reported high satisfaction with philanthropic cardiac missions but faced challenges such as language barriers, and cultural and legal constraints. Addressing these issues could improve mission effectiveness and patient care in low-income countries.

Legal Aspects of Implementing the Execution of Evidence of Excise Criminal Actions Which Have Permanent Legal Effect in The Bogor District Judicial Prosecution

The main objective of this research is to analyse and explain the regulation and mechanism for the implementation of the execution of evidence of excise crimes legally carried out in the Bogor Regency District Attorney's Office and to analyse and explain the authority of the Prosecutor in the implementation of the execution of evidence of excise crimes that have permanent legal force. The method used is the normative legal research method using the statutory approach and the case approach. The types of legal materials used are sourced from secondary data obtained from primary legal materials in the form of legislation, secondary legal materials in the form of textbooks, journals, legal expert opinions, relevant legal cases, and tertiary legal materials in the form of legal dictionaries. The results of the study indicate that the regulation and mechanism for the implementation of the execution of evidence of excise crimes legally carried out in the Bogor Regency District Attorney's Office implement cooperation with customs in the form of a Joint Agreement between the Director General of Customs and Excise of the Ministry of Finance of the Republic of Indonesia and the Deputy Attorney General for Special Crimes of the Republic of Indonesia Attorney's Office. related to the coordination of criminal law enforcement in the field of customs and excise where the implementation of the confiscation of excisable goods is carried out after receiving a court decision that has permanent legal force and the settlement of excisable goods that are confiscated for the state is carried out in accordance with the provisions of laws and regulations governing the management of confiscated state goods. The authority of the Prosecutor in implementing the execution of evidence of excise crimes that have permanent legal force has legal constraints from the absence of special rules governing the auction of confiscated goods in the Criminal Code. Every criminal procedure should be regulated in the Criminal Procedure Code (KUHAP), but the regulation of the settlement of confiscated goods does not have a legal basis for the prosecutor as the executor in terms of criminal procedure law. Apart from that, it is also necessary to determine the extent to which the Prosecutor can carry out the Execution of Evidence according to existing regulations the Criminal Procedure Code (KUHAP).

Protecting fisheries resources and marine ecosystem from climate change: Solutions and legal constraints

Warming, acidification and deoxygenation of the ocean are already affecting the productivity and stability of marine ecosystems. It is projected also that climate change will force the fish stocks that cross through two or more exclusive economic zones to shift significantly from their historical habitats and migration that may lead to international conflict on the transboundary fish stocks. Meanwhile, overfishing and habitat destruction has had long-term effect on marine environment. Recently, the 2023 UNGA Resolution on sustainable fisheries reported the decline in global fish stocks. The resolution called upon the States to identify the impacts on fisheries due to climate change, thus it is crucial for States to consider effective adaptation and strategies to tackle the challenges. The present study is designed to analyse the impacts of climate change on fish and their interdependent ecosystems, but also impacts upon the laws and policies relevant to their exploitation and conservation. By using a comparative approach between three vulnerable countries to climate change, the paper highlights how Indonesia, India, and Vietnam are working to cope with the issues arising from climate change on the fisheries sector. The finding shows how the three countries must modernize their legal frameworks for fisheries management to reflect the current challenges such as climate change and ecosystem-based management.

Floorplanning with I/O Assignment via Feasibility-Seeking and Superiorization Methods.

The feasibility-seeking approach offers a systematic framework for managing and resolving intricate constraints in continuous problems, making it a promising avenue to explore in the context of floorplanning problems with increasingly heterogeneous constraints. The classic legality constraints can be expressed as the union of convex sets. However, conventional projection-based algorithms for feasibility-seeking do not guarantee convergence in such situations, which are also heavily influenced by the initialization. We present a quantitative property about the choice of the initial point that helps good initialization and analyze the occurrence of the oscillation phenomena for bad initialization. In implementation, we introduce a resetting strategy aimed at effectively reducing the problem of algorithmic divergence in the projection-based method used for the feasibility-seeking formulation. Furthermore, we introduce the novel application of the superiorization method (SM) to floorplanning, which bridges the gap between feasibility-seeking and constrained optimization. The SM employs perturbations to steer the iterations of the feasibility-seeking algorithm towards feasible solutions with reduced (not necessarily minimal) total wirelength. Notably, the proposed algorithmic flow is adaptable to handle various constraints and variations of floorplanning problems, such as those involving I/O assignment. To evaluate the performance of Per-RMAP, we conduct comprehensive experiments on the MCNC benchmarks and GSRC benchmarks. The results demonstrate that we can obtain legal floorplanning results 166× faster than the branch-and-bound (B&B) method while incurring only a 5% wirelength increase compared to the optimal results. Furthermore, we evaluate the effectiveness of the algorithmic flow that considers the I/O assignment constraints, which achieves an 6% improvement in wirelength. Besides, considering the soft modules with a larger feasible solution space, we obtain 15% improved runtime compared with PeF, the state-of-the-art analytical method. Moreover, we compared our method with Parquet-4 and Fast-SA on GSRC benchmarks which include larger-scale instances. The results highlight the ability of our approach to maintain a balance between floorplanning quality and efficiency.

Managing medical knowledge flow: Physicians' social media actualisation practices.

Physicians have extensive clinical knowledge and are thus uniquely positioned to offer public health education through social media (SM) platforms. However, it may be challenging for them to effectively communicate complex medical information to lay people with varying levels of related knowledge. There is limited research on how physicians navigate these challenges. This study uses affordance actualisation theory to investigate how a prominent physician adapts SM features to effectively disseminate medical and scientific information. The study identifies two key SM actualisation practices in this process. First, the process involves balancing knowledge brevity to improve accessibility while maintaining information fidelity to ensure accuracy. Second, the process involves providing valuable clinical insights while adhering to legal constraints in the open SM environment through the optimisation of SM features as a compensatory mechanism. The current findings contribute to a theoretical framework on how physicians manage medical knowledge flow online, which involves not only advancing knowledge but also carefully regulating knowledge to maintain accuracy and professional standards within the open nature of SM.

Global Perspectives on Freedom of Expression in Environmental Governance: Legal Implications and Challenges

This paper explores the relationship among freedom of expression and earth-friendly governance in a global context, highlighting how the former serves as a fundamental enabler of transparency, public participation, and access to data—principles that are vital to effective earth-friendly governance. Although international legal instruments, such as the Rio Declaration and the International Covenant on Civil and Political Rights, give a framework for upholding free speech, the extent to that this right is realized in the realm of earth-friendly advocacy remains inconsistent across different regions. This research highlights challenges faced by earth-friendly activists, including political and economic pressures, suppression, and legal constraints. By analyzing case studies by Indonesia, Norway, and Brazil, this paper underscores the paradox of freedom of expression that is sometimes perceived as a threat to political stability. The findings advocate for enhanced global cooperation to protect freedom of expression inside earth-friendly law, supporting sustainable enhancement and earth-friendly justice. This paper contributes to a deeper understanding of the legal frameworks necessary to uphold freedom of expression as foundational in promoting global earth-friendly democracy.

Protecting the Vulnerable: Child Custody Adjudication in Domestic Violence Cases in Banyuwangi Religious Court

Domestic Violence (KDRT), which also often causes child custody disputes between two parents, is one of the many factors in divorce. Judges must consider the value of justice for each party when they decide a case. Building clear standards in assessing justice and dealing with social problems in the legal realm is difficult, especially when problems continue to arise in society, especially regarding child custody after divorce due to domestic violence. The method used in this research is empirical legal research, using legislative, conceptual, and legal psychology approaches. The results of this research are that the judge uses legal interpretation and legal principles based on Law Number 23 of 2002 article 2 letter b concerning Child Protection where" the appropriate hadhanah must be based on the child's interests and by with the case being handled. If the father is at fault here then the judge must also refer to the provisions of KHI Article 105 where the custody of a child who has not yet mumayyiz will fall into the hands of the mother by using the civil law principle of proof (burden of proof), judges sometimes face external obstacles in the form of community participation in providing testimony regarding facts in the field, but if the facts and If the required evidence exists and all the interests of the child have been considered, the determination will be easier without any legal constraints or obstacles.

Optimization of Police Authority as Gatekeepers in the Prevention and Eradication of Gambling Crimes

This study explores the optimization of police authority as gatekeepers in preventing and eradicating gambling crimes in Indonesia. Using a normative legal research method, it examines legal frameworks, administrative challenges, and social dynamics affecting law enforcement efforts. A legislative approach reviews relevant legal provisions, while a conceptual approach analyzes the police's role in crime prevention. Findings reveal that limited resources, insufficient community cooperation, rapid technological advancements in online gambling, and complex legal constraints hinder police effectiveness. Key recommendations include enhancing community partnerships, conducting regular police training, fostering inter-agency collaboration, and leveraging information technology to strengthen law enforcement capacity. These measures aim to improve crime prevention and eradication strategies while fostering public trust and promoting legal compliance. The proposed reforms offer a roadmap for developing more effective policing strategies and creating safer communities through proactive and responsive law enforcement practices.

Potential consequences of a rapid transition from rotation forestry to continous cover forestry in Sweden

ABSTRACT In the EU Forest Strategy for 2030 continuous cover forestry (CCF) is promoted, while rotation forestry (RF) is recommended only if required by forest health or environmental reasons. RF is the current practice on about two thirds of the EU forests. The envisioned shift toward CCF will have significant implications for Europe's forests and the industries. Using Sweden as a case, we simulated two scenarios: RF as a continued practice and a rapid transition to CCF. The results show that RF would ensure an even wood flow and slightly increasing harvest levels over the 50 years period. In contrast, the annual harvest in CCF exhibited significant variation, ranging from 50% to 108% of the RF harvest in the same year. This variation in harvest outcomes for CCF can be largely attributed to both economic and legal constraints during the transition from RF to CCF. As a result, the growing stock in CCF increased, allowing the forest to serve as a significant carbon sink. During the transition period, the ratio of pulpwood to sawlogs fluctuated for CCF, while it remained stable for RF. Consequently, the volume of sawlogs harvested under CCF was 86% of that harvested under RF.

Implementation of the Law on the Role of Prosecutors as Corruption Crime Investigation Officers

Corruption is a reality of human conduct in social interactions, considered to be deviating and endangering society and the state. The research conducted is normative-legal, that is, research that uses law as a basis for solving the problems posed, and empirical-legal research through the conduct of interviews. The data used is secondary data and the data collection methods used in this study are library surveys and field surveys. The analysis of data used is qualitative data. Based on the findings, it is believed that the Anti-Corruption Commission can only investigate cases of corruption offenses that have affected state apparatus and have resulted in state financial losses of at least billion rupiah, for this reason the role of prosecutors as investigators in criminal cases is required. Corruption that does not meet the requirements for investigation by the Anti-Corruption Commission. Legal and Non-Judicial Constraints Are Limiting Factors in Corruption Crimes Investigations

Supporting Women-Led Businesses: Narrative Review of Recent Causal Evidence

Abstract Innovative women entrepreneurs can be agents of change and offer novel solutions to global challenges. However, they face multiple barriers to growing their businesses. I review the literature on strategies to support women entrepreneurs in improving their business outcomes. I focus on interventions designed to address four areas of constraints that influence their decisions and can impact their business performance: gaps in human capital, access to finance, access to technology and markets, and contextual factors such as legal and regulatory constraints, social norms, access to care, and gender-based violence. I conclude that evidence of modest average treatment effects and heterogeneity in treatment effects across various interventions suggests the need for more precise targeting. The multiple constraints faced by women entrepreneurs necessitates testing different packages of interventions. Moreover, the successful implementation and adoption of proposed solutions require consideration of the contextual constraints that differentially affect women-led businesses. While I highlight several interventions that show promise in supporting women entrepreneurs, significant gaps remain in the evidence concerning the most effective strategies.

Populism, backlash morality and immigrants

Abstract The social and political contexts in many countries are affected by dangerous trends and forces of populism. Populist hostility is most observable in connection with issues of immigration, where it functions as a pretext for scrapping legal protections in increasingly hostile immigration laws. What is particularly insidious about these developments is the claim, articulated by some theorists, that the popular resentment and backlash against immigrants and refugees are justified. That populists are hostile towards immigrants and human rights laws, the claim seems to go, is the fault of the legal norms and institutions that allow in the immigrants and protect them. This article challenges those approaches and argues that legal constraints on popular biases towards immigrants are necessary and need to be defended against popular moralism. It is also argued that although community values are important, they should not be considered as trumps against the rights of immigrants and refugees.

Building information modeling in construction projects: the case of the Portuguese code of public contracts

Purpose This study aims to address gaps in the integration of Building Information Modelling (BIM) into procurement processes for construction works under the Portuguese Code of Public Contracts (CCP). The goal is to improve procurement procedures with practical recommendations benefiting both public and private sectors, and applicable in other countries, promoting efficient BIM use in construction projects. Design/methodology/approach The study involved a literature review and expert interviews to identify opportunities within the CCP related to construction procurement that impact BIM implementation during construction works. It critically analyzed these insights and proposed specific adjustments to the CCP to enhance BIM application in public construction works. Findings The study provides practical recommendations to address two main gaps identified in the literature: the neglect of non-specific digitalization factors influencing BIM implementation, and the lack of consideration for specific constraints in public procurement, particularly those dictated by legal frameworks like the CCP. These recommendations aim to optimize traditional procurement provisions for public construction, thereby improving BIM utilization on-site. Social implications The study’s social implications include enhanced transparency and efficiency in construction processes, leading to reduced delays and costs for both stakeholders and the public. By optimizing BIM practices, public resources can be used more effectively in construction projects. The research may also accelerate the adoption of advanced technologies in the industry and improve urban development through better-planned and executed infrastructure projects. Additionally, the study’s recommendations could serve as a model for other countries, fostering the adoption of higher construction standards on a global scale. Originality/value The study’s original contribution lies in its comprehensive examination of public procurement procedures, particularly within the CCP context, to enhance the utilization of BIM during construction works. It uniquely identifies literature gaps and provides practical recommendations addressing non-specific digitalization factors and legal constraints in public procurement.

MOLGENIS Armadillo: a lightweight server for federated analysis using DataSHIELD.

Extensive human health data from cohort studies, national registries, and biobanks can reveal lifecourse risk factors impacting health. Combining these sources offers increased statistical power, rare outcome detection, replication of findings, and extended study periods. Traditionally, this required data transfer to a central location or separate partner analyses with pooled summary statistics, posing ethical, legal, and time constraints. Federated analysis-which involves remote data analysis without sharing individual-level data-is a promising alternative. One promising solution is DataSHIELD (https://datashield.org/), an open-source R based implementation. To enable federated analysis, data owners need a user-friendly way to install the federated infrastructure and manage users and data. Here we present MOLGENIS Armadillo: a lightweight server for federated analysis solutions such as DataSHIELD. Armadillo is implemented as a collection of three packages freely available under the open source licence LGPLv3: two R packages downloadable from the Comprehensive R Archive Network (CRAN) ("MolgenisArmadillo" and" DSMolgenisArmdillo") and one Java application ("ArmadilloService") as jar and docker images via Github (https://github.com/molgenis/molgenis-service-armadillo). In Supplementary material we include screenshots of the user interface (UI) to illustrate the use of Armadillo.

Cultural Assimilation and Identity Formation of Freedmen in the Roman Provinces: Case Studies from Gaul and Egypt

This essay discusses the cultural assimilation and identity formation of free people in Roman Gaul and the Egyptian provinces. Through comparative analyses, the article explores how freed people navigated new social roles and developed hybrid identities influenced by Roman, Celtic and Egyptian cultures. In Gaul, the freedmen underwent a mixed process of Romanisation and cultural exchange that resulted in the formation of a Roman-Celtic identity, especially among the elite. In contrast, Egyptian freedmen maintained a strong attachment to their native culture, despite widespread Roman and Hellenistic influences. The critical factors of urbanisation, socio-economic status and legal constraints shaped the distinctive identity trajectories of the freedmen in these provinces, providing insights into the complex interplay between power, identity and cultural integration in the Roman world. Overall, the cultural assimilation and identity formation of freed people in Roman Gaul and the Egyptian provinces highlight the complexity of cultural integration across different regions. By examining these processes, we gain deeper insights into the interplay between power, identity, and cultural adaptation within the Roman Empire.

Revealing Media Trials in Indian Law: Critical Analysis

This article delves into the intricate phenomenon of media trials in Indian jurisprudence, offering a critical analysis of their impact on the nation’s legal landscape and society at large. It explores the evolution of media trials, examining their historical roots and transformation in the digital age. The article investigates the constitutional framework governing media freedom and the delicate balance it strikes with the right to a fair trial. It scrutinizes the ethical considerations and mechanisms of accountability within media trials, highlighting the challenges of sensationalism and ethical lapses. Furthermore, it elucidates the legal constraints imposed on media conduct, encompassing contempt of court, defamation, and privacy rights. The article also evaluates the recommendations put forth in the Law Commission’s 200th report and discusses landmark verdicts that have shaped the discourse around media trials. It concludes with concrete suggestions for fostering responsible journalism, mitigating undue media influence, and preserving the principles of justice and democracy in the digital age, while also acknowledging the role of social media in shaping media trials. This article provides a comprehensive overview of media trials in India, shedding light on their complexities and offering insights for a more balanced and equitable legal landscape.

“Nowhere but Everywhere”: The Principle of Legality and the Complexities of Judicial Discretion in Iran

Abstract To comply with Shiʿi theological-jurisprudential justifications and dogmatic traditions, the Iranian postrevolutionary legal system formally enshrined the principle of legality of crime and punishment within the Iranian Constitution and important legal provisions. Despite this formal entrenchment and codification of its criminal law, which together act as a legal constraint on the traditionally excessive power of Muslim judges, the Iranian theocratic system has exempted religious sins from this principle by blurring the distinction between crime and sin and criminalizing certain sinful acts with unclear language. These two legal mechanisms not only violate the principle of legality and amplify legal uncertainty, but their reference to Sharia law also binds the fate of the accused more tightly to the discretion of the judge than to the letter of the law. Consequently, the religiopolitical predilections of judges have become a determining factor in findings of criminal responsibility and imposition of punishment on citizens.

Botnet defense under EU data protection law

We analyse the legal framework spanned by EU data protection law with respect to the defence against botnet-related threats. In particular, we examine what legal constraints the General Data Protection Regulation (GDPR) (and others) impose on the processing of personal data when that processing aims at detecting botnet-related traffic. We thereby put data protection rules into perspective with current trends in European IT security regulation, specifically Directive 2022/2555/EU (NIS 2 Directive).We find that the resulting legal landscape is complex and has not yet been sufficiently explored. Our analysis provides an initial evaluation of a wide range of emerging legal issues. In particular, we consider four typical processing scenarios, such as DNS sinkholing by a public authority or sharing of cybersecurity-related personal data, and discuss some of their legal problems, linking them as thoroughly as possible to potentially relevant case law of the European Court of Justice.

The politics of pretrial detention: Mapping the development of Swedish remand policy

Since the early 1990s, Sweden has received severe criticism from international human rights monitoring bodies for their pretrial detention regimes. Contrary to its acknowledged humane prison conditions, the majority of individuals held on remand are confined in conditions that resemble solitary confinement. While all Nordic countries have received similar criticism, Sweden has been argued to have done the least to change their remand practices. This article provides an in-depth analysis of the development and political processes that has shaped Swedish remand policy since the establishment of the 1948 Swedish Code of Judicial Procedure and the 1958 Act on Detention. The article shows that despite political concerns of the harms and infringements that the remand practices entail, the outcomes of reforms have been limited: due to administrative burdens, legal constraints, and increased punitive demands. The article elucidates the actors and conflicting agendas involved in shaping remand policy—of penal, political, humanitarian, administrative and legal nature—that are unattainable in structural analyses, and have application beyond the Swedish context and future in-depth examinations of developments in remand policy.

Fusarium spp. in Metalworking Fluid Systems: Companions Forever.

Water-miscible metalworking fluids (MWFs) are utilized in a variety of metal removal and forming operations. For end-use, formulation concentrates are diluted in water, creating conditions conducive to microbial growth and metabolism, possibly compromising the fluid's integrity and mechanically obstructing filters or piping systems. Metalworking machines offer additional habitats on surfaces that are in permanent or temporary contact with MWFs. For that reason, biocides have been incorporated into concentrates for years, but legal constraints will restrain their use in the future. While bacterial contamination of MWFs is well documented, fungal contamination is often overseen and infrequently reported in the literature. In this study, we report fungal prevalence in in-use MWFs sampled worldwide over 10 years, and we are convinced that the presence of fungi is the norm rather than the exception. In addition, we evaluated the inhibitory effect of fungicides on fungal growth, sporulation and spore viability using traditional culture-dependent methods and flow cytometry. In essence, we show that the effectiveness of these fungicides is limited and dependent on the chemical construction of the fluid. We think that the ecology created by water-diluted MWFs is of higher importance than the anti-fungal activity of single components.