Legal Guidance Research Articles

Needs Assessment for Business Turkish for Syrians under Temporary Protection in Türkiye

This study investigates the language learning needs of Syrians under Temporary Protection (SuTPs) in Türkiye, aiming to develop a specialized Business Turkish Course to enhance their social and economic integration. Following the outbreak of the Syrian civil war in 2011, Türkiye has seen a significant influx of over 3 million Syrians, creating urgent demands for effective language acquisition to navigate business environments successfully. To assess the specific Turkish language skills required, a qualitative research design employing embedded single case study methodology was utilized. Data were gathered through semi-structured interviews with stakeholders from governmental organizations and non-governmental entities, alongside quantitative surveys targeting 309 Syrian participants. The analysis revealed critical barriers, including insufficient Turkish proficiency and language-based challenges in business communications. Findings underscored the necessity of fostering skills in speaking, reading, listening, and writing to support effective participation in business activities. The results indicate a robust demand for a Business Turkish course tailored to real-world contexts, which integrates legal procedural guidance and practical task execution. The study advocates for the development of curricula that align with global language frameworks, addressing the unique challenges faced by Syrian refugees in the Turkish labor market and contributing to their economic integration.

Who decides? Exploring decisional dynamics for periviable resuscitation among diverse family structures.

To investigate conflict resolution and decisional authority among diverse family structures in periviable resuscitation decision-making. We recruited 60 parent dyads, including 30 with prior periviable delivery experience and 30 first-time expecting dyads between 22 and 26 weeks gestation. Our diverse sample included heterosexual and same-sex partnerships, married and unmarried partners. Virtual interviews explored decision-making, engagement, and conflict resolution. Four themes emerged: "Mom is the priority," highlighting maternal decisional authority; "partner involvement is crucial," emphasizing engagement; "parents prioritize who will be caring for the child," indicating caregiver considerations; and "parents want empathy and support," underscoring emotional needs. Findings reveal maternal priority in decision-making, the importance of partner involvement, and a challenges with lacking inclusive legal and ethical guidance for non-heteronormative families. The study highlights the need for shared decision-making that considers family structures, legal aspects, and emotional complexities to enhance inclusive, informed decision-making processes for parents facing periviable delivery.

AI Powered Legal Advisor Assistant

Access to expert legal advice is often restricted by high costs, limited availability of qualified professionals, and time-consuming processes. The AI-Powered Legal Advisor Assistant addresses these challenges by providing an intelligent, cost-effective, and user-friendly platform for delivering preliminary legal guidance. Leveraging Artificial Intelligence (AI) and Natural Language Processing (NLP), the system interprets user queries presented in natural language and provides tailored responses based on relevant legal statutes, case law, and regulatory frameworks. This assistant integrates advanced machine learning models for text classification, information retrieval, and sentiment analysis, allowing it to continuously improve through user interaction. Its design enables the identification of legal issues and offers support across various legal domains, including contract law, intellectual property, civil rights, and employment law. Legal practitioners benefit from automation of routine tasks such as document drafting and case assessments, while individuals and businesses receive timely insights into common legal matters. The system is developed with a strong emphasis on ethical considerations and legal compliance, incorporating data security measures and clear disclaimers to prevent overreliance on AI-generated advice. Overall, the AI-Powered Legal Advisor Assistant represents a transformative step toward democratizing access to legal services, enhancing the efficiency of legal professionals, and illustrating the impactful application of AI technologies in the legal sector..

Advancing maternal and perinatal health through clinical trials: key insights from a WHO global consultation.

Advancing maternal and perinatal health through clinical trials: key insights from a WHO global consultation.

Parallel Advisory Proceedings

Abstract On 12 December 2022, COSIS requested an advisory opinion from the ITLOS on climate change related obligations under UNCLOS. Four weeks later, on 9 January 2023, Chile and Colombia submitted a series of questions to the IACtHR on human rights obligations of States in the context of climate change. Shortly thereafter, on 29 March 2023, the UNGA requested an advisory opinion from the ICJ on the obligations of States to prevent and remedy climate change related damages. These three advisory proceedings come at a time when legal guidance on climate change related obligations is needed more than ever. However, the fact that the three advisory proceedings occur parallel to each other presents unique challenges, particularly the risk that the three Courts could provide conflicting answers to the same underlying questions. The paper looks at the challenges which parallel advisory opinions present to the advisory function.

Centralization, Local Autonomy and Municipal Activism: A New Framework for Examining Relations Between Central and Local Government

This study offers a new framework for examining central–local government relations by distinguishing between two concepts that are usually combined: local autonomy and municipal activism. We define local or municipal autonomy as the legally defined powers and roles of local authorities, typically granted by law and state directives or reforms. Municipal activism consists of actions and decisions by local authorities that may challenge the formal boundaries of local autonomy, in a policy environment with certain attributes. This paper, using the example of Israel’s education system, examines how features of local autonomy as defined by law enhance and shape the emergence of municipal activism. We focus on the impact that incoherence and lack of clarity in legal guidance and directives may have on local policy actors’ decision making. The findings show that in uncertain and incoherent policy environments, local government tends toward municipal activism. However, the surprising findings challenge the prevailing assumptions regarding the connection between a municipality’s characteristics and its municipal activism. The findings can be applied to various policy domains, such as urban planning or sustainability policy, where the interplay between legal autonomy and municipal activism has become increasingly prevalent.

Certifying Legal AI Assistants for Unrepresented Litigants: A Global Survey of Access to Civil Justice, Unauthorized Practice of Law, and AI

The global integration of artificial intelligence (AI) into legal services has created a critical need for clarity regarding unauthorized practice of law (UPL) rules. Traditionally, UPL rules prohibited unlicensed individuals from engaging in activities legally reserved for qualified attorneys, including, in some jurisdictions, offering legal advice, interpreting laws, representing clients in court, or drafting legal documents. Now that some AI systems can perform functions that practice of law regulating authorities have traditionally reserved for licensed attorneys, a framework is needed to certify the use of legal AI assistants by unrepresented litigants. Ensuring the accuracy of information provided by legal AI assistants for unrepresented litigants benefits the entire legal community, including attorneys, by promoting stricter standards and higher acceptance thresholds. We examine the perspectives of several primary stakeholders in certifying legal AI assistants, including unrepresented litigants, practice of law regulating authorities, judiciaries, the legislature, the legal aid community, and the legal tech community. We conduct a detailed survey of access to justice, AI, and UPL in various international jurisdictions, including Argentina, Australia, Brazil, Canada, China, the European Union, Germany, India, New Zealand, Nigeria, Singapore, the United Kingdom, and the United States. In each of these jurisdictions, we explore how UPL is currently managed in the context of legal AI use by unrepresented litigants. We also include a 50-state and 6-territory survey for the United States on what each Bar Association and Judiciary is doing to regulate legal AI use by unrepresented litigants. In light of this survey, we propose that practice of law regulating authorities add certified legal AI assistants to their lists of UPL exemptions so that such assistants can provide specific and useful legal information, guidance, and advice to unrepresented litigants. We propose a capability-based framework for certifying legal AI assistants for unrepresented litigants. This is intended as a harmonized global proposal, designed for local implementation by each jurisdiction’s practice of law regulating authority, with the flexibility to address individual jurisdictional nuances. Unrepresented litigants are already using AI chatbots for help in legal proceedings, sometimes to their detriment. Our proposal aims to allow unrepresented litigants to use legal AI assistants that have been verified for accuracy. This framework addresses the key justification for UPL restrictions—the risk of incorrect legal guidance—by basing the certification of individual capabilities on their accuracy when tested on public benchmark datasets. Legal AI assistants are added to lists of UPL exemptions under this approach if their accuracy meets or exceeds a certification threshold when tested on these public benchmark datasets. The jurisdiction’s practice of law regulating authority would set the certification threshold or, as we suggest, a third-party certifying authority delegated to perform this task. While many public benchmark datasets are required under this framework, the legal AI community is rapidly developing such datasets. To enable AI to enhance access to justice for unrepresented litigants globally, practice of law regulating authorities in each jurisdiction must choose to exempt certified legal AI systems for unrepresented litigants from unauthorized practice of law regulations.

Navigating the skies: Arbitration in aviation disputes

While the International Civil Aviation Organization (ICAO) Council is sometimes criticized for the potential influence of political agendas on its decisions, while the International Court of Justice (ICJ) is criticized for its limited jurisdiction and dependence on the party’s willingness to accept the ICJ’s jurisdiction, a crucial concern is raised over the efficiency of the current Dispute Resolution Mechanisms (DRM) for aviation industry related disputes. Unravelling the compelling inquiry that hangs in the air: Just how efficient is the current aviation arbitration legal system? Is the efficiency of this system available to ad hoc arbitration1 or arbitral tribunals2? The authors aim to analyze the existing legal guidance to navigate the complex arbitration system. This article sheds light on precedent cases by the ICAO Council and the ICJ studying challenges, such as the lack of efficiency of the ICAO Council and the criticism of the Council’s ineffectiveness for being hampered by the political interests of Member States. As well as the ICJ as it may be a more powerful authority in resolving such disputes, it also faces multiple challenges including the lack of enforcement, jurisdiction issues, and political influence, which in return makes it unlikely for dispute parties to seek the ICAO or the ICJ for resolution of their disputes, instead parties have now mostly adopted arbitration clauses as their primary dispute resolution method under Air Services Agreements (ASAs) and other aviation related agreements. While ad hoc arbitration has shown effectiveness and success, its secrecy and confidentiality might result in inconsistency and the inability to develop a case law system. The authors note the urgent need for an arbitration institution3 under the United Nations (UN) umbrella specialized in air law and aviation technology disputes, with the power to issue an enforceable, legally binding ruling. The article also examines the realm of arbitration in the aerospace industry, analyzing legal resources, current aviation arbitration systems, centres, and platforms, and further analyzing case studies to assess the results of the efficiency of each Dispute Resolution Mechanism.

Legal Literacy in Indonesia: Leveraging Semantic-Based AI and NLP for Enhanced Civil Law Access

Access to legal information in Indonesia remains a critical challenge due to low legal literacy, which prevents many individuals from understanding complex civil law texts and exercising their legal rights. This study addresses this problem by developing a semantic-based artificial intelligence (AI) system to enhance access to civil law information. The primary objectives were to design a retrieval system using IndoSBERT, a pre-trained language model optimized for Indonesian texts, and QDrant, a vector database, and to evaluate the system's performance in terms of accuracy and usability. The system transforms legal texts from the Indonesian Civil Code into 256-dimensional vectors and uses cosine similarity to match user queries with relevant articles. The system was tested on 2,074 articles, achieving a recommendation accuracy of 76.66%, validated by legal experts. Additionally, user satisfaction, measured through the System Usability Scale (SUS), scored 74.81, indicating good usability (Grade B). These findings demonstrate the effectiveness of combining IndoSBERT and QDrant for retrieving contextually relevant legal information. This approach not only bridges gaps in understanding complex legal systems but also offers a scalable solution to improve public access to legal guidance. By applying advanced machine learning techniques in a local context, this study contributes to enhancing legal literacy and accessibility in Indonesia, providing a replicable framework for other low-resource languages and specialized domains.

Child Protection Policy and Teachers’ Confidence in Navigating Ethical Dilemmas: Input for Teachers’ Welfare Program

This study investigated the level of awareness among teachers regarding the Child Protection Policy (CPP) and examines whether this awareness is influenced by various demographic factors, including age, gender, education level, current position, years of service, and involvement in school-based trials. Utilizing a descriptive-correlational research design, data were collected from 80 teachers using a structured questionnaire. Statistical analyses, including ANOVA and t-Tests, revealed no significant differences in CPP awareness based on demographic variables. For instance, a t-Test for sex indicated no significant difference between male and female teachers’ awareness levels (t = -0.144, p = 0.886). Similarly, ANOVA results showed no significant differences in awareness across different lengths of service (F(5, 75) = 0.692, p = 0.631). Additionally, a Pearson’s correlation coefficient test examining the relationship between teachers’ awareness of CPP and their confidence in navigating ethical dilemmas yielded a correlation coefficient (r) of 0.7004, which was not statistically significant (p = 0.2199). These findings suggest that teachers’ awareness levels are uniform across various demographic groups and not significantly correlated with their confidence in handling ethical issues. The study identifies key challenges faced by teachers, such as limited resources and support systems (mean = 1.41), insufficient training (mean = 1.35), and lack of access to legal guidance (mean = 1.30). The results are interpreted through the lenses of Social Learning Theory (SLT) and Ethical Decision-Making Theory (EDT), highlighting the need for enhanced professional development and support systems. Based on these findings, a Comprehensive Professional Education and Support Initiative (CPESI) is proposed, focusing on resource enhancement, legal literacy, and support systems to empower teachers in child protection roles. This initiative aims to improve legal literacy, provide ongoing support, and reduce stress related to legal uncertainties, ultimately fostering a safer educational environment.

Eating Disorders in Islamic Law Perspective: Study of Anorexia, Bulimia and Binge Eating among Muslims

This study examines the phenomenon of eating disorders, specifically anorexia, and bulimia, from an Islamic legal perspective with two main objectives: first, to identify awareness, familiarity, and experience of eating disorders among Muslims; second, to obtain an interpretation of Islamic law on eating disorders; The research method is qualitative with case study approach, involving six key informants consisting of one patient of anorexia nervosa, one patient of bulimia nervosa, and four patients of binge eating. The results show that awareness of eating disorders among Muslims is still limited, with many individuals and families not fully understanding the medical and psychological nature of these conditions. From an Islamic legal perspective, eating disorders are understood as conditions that require serious attention, in accordance with the principle of maqāṣid syarī’ah which emphasizes the importance of maintaining physical and mental health. However, there is still a lack of specific Islamic legal guidance related to eating disorders. The role of family and religious leaders is very important in providing support but still needs to be improved to reduce stigma and facilitate treatment. In conclusion, eating disorders require a holistic approach, combining professional help, family support, and a faith-based approach to improve the well-being of patients. This study opens up opportunities for further studies involving cross-disciplinary perspectives and focusing on the development of Islamic guidelines related to eating disorders.

Artificial Intelligence and Islamic Law: Ethical Implications and Fiqh Fatwas in the Digital Age

The advancement of Artificial Intelligence (AI) in the digital era has significantly influenced various fields, including health, education, and the legal system. However, alongside its potential benefits, AI also presents complex ethical and legal challenges, particularly within the framework of Islamic law, which is grounded in the Qur'an, Hadith, and fiqh traditions. This study examines how core principles of Islamic law—maslahah mursalah (public good), qiyas (analogy), and dhaman (accountability)—can address these challenges. Additionally, it evaluates the role of fatwas in offering adaptive and relevant legal guidance for modern technological developments. Using a document analysis approach, the research reveals that Islamic law possesses the flexibility to tackle issues such as algorithmic bias, data privacy, and accountability in autonomous decision-making. The principle of maslahah supports the ethical use of AI for the greater public good, while qiyas facilitates the legal adaptation of emerging technologies through analogy with established precedents. Meanwhile, dhaman underscores the necessity of human responsibility in the deployment of AI. However, existing fatwas are often too general and lack detailed guidance on addressing the specific complexities of AI, highlighting the need for a holistic approach that integrates classical Islamic principles with contemporary technological contexts. This research contributes by proposing a more comprehensive ethical and legal framework that aligns AI development and application with Islamic values. Recommendations include producing more detailed fatwas and conducting empirical research involving scholars, policymakers, and technology developers to ensure AI's responsible and beneficial utilization in the digital age.

Emergence of Digital Matrimony: Exploring Islamic Legal Responses to Metaverse Marriages

This research examines the Islamic legal perspective on conducting marriages within the virtual realm of the metaverse, by addressing the implications of digital advancements in religious practices and legal frameworks. The study explores how Islamic legal principles can be applied or adapted to virtual marriages in contemporary contexts. Thus, a qualitative methodology is employed that utilises document analysis and in-depth interviews with scholars and experts in contemporary Islamic jurisprudence and technology. This research focuses on assessing the validity, conditions, and execution of virtual marriages, identifying the challenges and potential solutions in aligning these practices with Sharia principles. The results indicate that integrating marriage practices into the metaverse is feasible with appropriate adjustments to ensure compliance with Islamic law, particularly regarding legal, technical, and ethical considerations. The uniqueness of this study stems from its exploration of previously unexplored areas, where digital innovation intersects with religious law, offering new perspectives on the adaptability of Islamic legal principles in response to emerging technologies. The implications of the findings are significant for policymakers, legal practitioners, and Muslim communities, as they provide a strategic framework for developing relevant Islamic legal policies and guidance for virtual interactions, ensuring that the evolving digital landscape respects and upholds religious values.

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.

Intregrasi Nilai-Nilai Pancasila Dalam Fatwa Fatwa Majelis Ulama Indonesia Terkait Hukum Islam

This research examines the integration of Pancasila values ​​in fatwas issued by the Indonesian Ulema Council (MUI) regarding Islamic law, with the aim of understanding how the country's basic principles are accommodated in religious decisions that have a broad influence on society. Considering that the MUI plays a significant role in providing legal and moral guidance for Muslims in Indonesia, the fatwas it issues not only reflect an understanding of Islamic law, but must also be in line with the normative framework of Pancasila. This research uses a qualitative approach with analysis of the texts of fatwas issued by the MUI in the last five years, as well as in-depth interviews with experts in Islamic law and Pancasila. The research results show that, although the MUI attempts to integrate Pancasila values, there are several challenges in implementing these values, especially related to issues involving religious pluralism, human rights and social justice. The integration of Pancasila in the MUI fatwa is not only important to maintain social harmony amidst Indonesia's diversity, but also to ensure that the application of Islamic law can contribute to inclusive and just national development. Therefore, the MUI is faced with the crucial task of continuing to develop a more contextual and inclusive approach in formulating fatwas, so that it not only fulfills the demands of sharia, but also supports the nation's ideals as mandated by Pancasila.

Analysing the impact of legal and procedural frameworks on the socio-cultural and political dynamics of extrajudicial killings and forced disappearances

Analysing the impact of legal and procedural frameworks on the socio-cultural and political dynamics of extrajudicial killings and forced disappearances

Enforcement agencies and an emerging category of law: examining EEOC processing of sexual orientation and gender identity charges

AbstractScholars have recognized the role that legal intermediaries can play in shaping the law through their interpretations of legal ambiguity and guidance to rule-takers on legal compliance. Although legal intermediaries thus have the potential to effect social change, most research in the area of employment discrimination has focused on the way they facilitate only symbolic compliance with the law. In this article, we examine how the Equal Employment Opportunity Commission (“EEOC”) took steps that legitimized a new area of claiming, classifying sexual orientation and gender identity (“SOGI”) discrimination as prohibited sex discrimination. Drawing on 2012–2016 confidential charge data, we analyze which alleged issues had a greater likelihood of being identified by EEOC actors as strong cases of discrimination. We use quantitative administrative data and a unique dataset generated from the coding of charge narratives to develop our description of the EEOC’s categorization of SOGI charges. Our findings indicate that first by accepting SOGI charges and then by assigning 34% – much higher than other discrimination charge bases – with the highest processing category, the EEOC made new law, expanding Title VII protection. At the same time, our findings reflect that the EEOC exhibited restraint in this expansion through prioritizing charges that were closely aligned to prior gender stereotyping cases, rather than more directly signaling an SOGI identity-based protection. These findings illustrate the exercise of initiative within prior legal constraint, defining a new area of legal claiming.

Integration of Ushul Fiqh and Syara’ Sources in Addressing Contemporary Legal Challenges: The Role of Fatwa Institutions and Guidelines for Mujtahids

Contemporary issues such as financial technology, biotechnology, and social change present new challenges in the establishment of Islamic law, necessitating an approach based on ushul fiqh. This study aims to analyze how ushul fiqh, through the integration of syara' sources (the Qur'an, Hadith, ijma', and qiyas), can be applied to address modern challenges and provide relevant, contextual legal guidance. Using a qualitative research method with a descriptive-analytical approach, primary data was gathered from foundational Islamic legal texts, while secondary data was obtained from classical literature, scholarly journals, and fatwas from official bodies like the National Sharia Council (DSN) and the Indonesian Ulema Council (MUI). The data was analyzed through reduction, classification, and interpretation techniques to answer the research questions. The study found that the principles of maqashid shariah (the preservation of religion, life, intellect, lineage, and wealth) play a crucial role in navigating contemporary issues. Fatwa institutions play a strategic role in transforming the theory of ushul fiqh into practical guidance through a collaborative and flexible approach, while mujtahids are expected to conduct ijtihad using an interdisciplinary and information technology-based approach to produce sound and applicable rulings. The study contributes theoretically by enriching the Islamic legal literature and practically by providing guidance for fatwa institutions and mujtahids to respond adaptively to the challenges of the times. The study’s implications indicate that Islamic law remains relevant for addressing the dynamics of modern society, provided that it is accompanied by a contextual and shariah-based approach.

A qualitative focus group study on legal experts’ views regarding euthanasia requests based on an advance euthanasia directive

BackgroundThe Dutch Euthanasia law permits euthanasia in patients with advanced dementia lacking decisional capacity based on advance euthanasia directives. Nevertheless, physicians encounter difficulties assessing the criteria for due care in such cases. This study explores the perspectives of legal experts on the fulfillment of these criteria and the potential for additional legal guidance to support physicians’ decision-making processes.MethodsA qualitative study was conducted with legal experts. Two focus group sessions were conducted. The data analysis was conducted iteratively, with the data being interpreted using thematic content analysis and the framework method.ResultsParticipants emphasize the importance of considering the patient’s current wishes and informing them about the limitations of advance euthanasia directives. While representatives and healthcare professionals can assist in interpreting wishes, the final decision regarding euthanasia rests with the physician. The participants also discuss the challenges posed by pre-recorded wishes due to changing preferences. Furthermore, they present different views on the value of life wishes of patients with advanced dementia. While some participants prioritize life wishes over advance euthanasia directives, others question whether such expressions still reflect their will. Participants find it essential to assess unbearable suffering in the context of the current situation. Participants acknowledge the necessity to interpret advance euthanasia directives but also current expressions and they entrust this interpretation to physicians, viewing them as the primary authority, despite consulting multiple sources.ConclusionsThe Dutch Euthanasia law’s due care criteria are open norms –which are open in substance and require further elaboration, mostly determined on a case-by-case basis to the field standards of the profession–, placing the responsibility on physicians to interpret advance euthanasia directives and patient expressions. Despite potential support from various sources of information, there is limited additional legal guidance available to assist physicians in making decisions.

Access and care for people with opioid use disorder in U.S. skilled nursing facilities: A policy commentary

Access and care for people with opioid use disorder in U.S. skilled nursing facilities: A policy commentary