Legal Interests Research Articles

KAJIAN YURIDIS SYARAT-SYARAT PENUNDAAN PELAKSANAAN KEPUTUSAN TATA USAHA NEGARA DALAM SENGKETA TATA USAHA NEGARA

The purpose of the State Administrative Court is basically to protect the legal interests of the community from arbitrary actions or abuse of authority by the government, given the vast scope of government employment. The State Administrative Court is held to resolve disputes between the Government and its citizens, namely disputes that arise as a result of Government actions deemed to have violated the rights of its citizens. elements of the state law, so that in this study the aim is to find out in the process of delaying the implementation of State Administrative decisions in State Administrative disputes, then in research using normative legal research research methods which can be defined by a process to find a rule of law, legal principles, as well as legal doctrines to answer the legal issues at hand, the result of this research is that the conditions for requesting a postponement of the implementation of State Administrative Decisions can be seen from the provisions of article 67 of Law Number 9 of 2004 and Circular Letter of the Supreme Court No. or 2 of 1991 concerning instructions for the implementation of several provisions in Law Number 5 of 1986 concerning the transition of state administration. So that in postponing a State administrative decision it can be granted if it fulfills the following conditions: a). a request for postponement of the implementation of a State administrative decision can be filed simultaneously in a lawsuit, b) there is a very urgent situation which results in the interests of the plaintiff being greatly harmed if the state administrative decision being sued is still carried out and c). there is no public interest in the framework of development that requires the implementation of the decision.

농지법상 ‘농지’ 정의와 농지취득자격증명 제도의 위헌성

This paper examines unconstitutional issues related to the Farmland Act for the purpose of protecting people's livelihood & resolving legal obstacles to be faced in the process of returning to farming and returning to village. Various restrictions on farmland from the public welfare perspective of preserving farmland and protecting the national environment, conform to the spirit of the Constitution and are reasonable for substantive justice. However, regulations on farmland, which is private property, are restrictions on the freedom and rights of the people, so they should be limited to the minimum necessary. It is the basic responsibility of the legislature, the executive branch, and the judiciary to find a balance between the protection and restriction of property rights. Recently, the Farmland Act has been revised to strengthen strict regulations, and concerns about not small evils are becoming a reality. Illegal diversion and dumping of agricultural land must be strictly and absolutely prohibited. However, due to the strengthening of the Farmland Act, the issuance of agricultural certificates is strictly rigid even by administrative authorities in rural areas that have nothing to do with speculative areas. In Chapter 2, this paper points out that the uncertainty of the definition of 'farmland' in the Farmland Act against the principle of clarity frequently leads to deviations and abuses of administrative discretion, which is likely to be unconstitutional. Chapter 3 focuses on the unconstitutionality of the regulations related to qualification certificates for acquisition of farmland. First, there is a fundamental infringement of property rights guaranteed by the Constitution by restricting the right to dispose of and acquire the right of ownership. Second, the freedom of residence & relocation and the freedom to choose a job are significantly violated. Third, it severely restricts the “right to live in a healthy and comfortable environment” and the “right to lead a life worthy of human beings”, and as a result, “dignity and value as a human being” and the “right to pursue happiness” are also significantly violated. Next, it is analyzed from the perspective of whether the principle of excessive prohibition is violated, the legitimacy of the purpose, the suitability of the means, the minimum of infringement, and the balance of legal interests. And it is also reviewed whether the right to equality is violated, and it is revealed that the denial of ownership transfer registration of illegally diverted farmland is unconstitutional. In addition, the possibility of unconstitutionality of the provision on limitation period for sanctions under Article 23, Paragraph 1 of General Act on Administration is also critically reviewed. Under the Criminal Procedure Act, there is a statute of limitations for the prosecution of a crime, and there is a long and short statute of limitations for various rights under the Civil Act. Citizens must file claims or lawsuits within a certain period of time to be protected in civil and criminal proceedings as well as administrative trials or litigation. It is to promote 'legal stability' to relieve the anxiety of the parties and excessive consumption of the national administrative and judicial system. In order to prevent the deviation and misuse of the discretion of administrative agencies, it is urgent to apply the limitation period for sanctions under the General Act on Administration. In Chapter 4, apart from the review of legal positivism and interpretive jurisprudence, an additional critical review of legal philosophy and general legal principles is attempted. First, there is a high possibility of unconstitutionality as the fairness in the legal treatment of unauthorized buildings and illegally-exploited farmland is significant. This is because the “Act on Special Measures for the Arrangement of Specific Buildings,” which has been enforced four times so far,

Advocacy of Criminal Justice Restrictions

Under the influence of the current positive view of criminal law, China's criminal legislation actively participates in social governance, and the activities of legislative revision in the late past have shown the characteristics and trends of misdemeanor legislation and the expansion of the crime circle. This indicates, on the one hand, the proactive nature of the initiation of state penal power and, on the other hand, the need to be alert to the potential impact of legislative expansion. Therefore, a balance must be struck at the level of criminal justice, guided by the idea of protection of legal interests, using the method of substantive interpretation to determine the elements of crime, and adhering to the principle of modesty of criminal law, in order to avoid formal criminalization, resulting in the judicial criminalization of undue expansion of criminalization.

A Revised Approach to Advance Personal Planning: The Role of Theory in Achieving “The Good Result”

This article explores traditional views of advance care planning in the broader context of advance personal planning, which also accounts for legal and financial matters. Criticisms of existing processes are noted, while the significance of interprofessional collaboration is highlighted. Reframing the purpose of advance personal planning as planning for the rest of life, rather than the end-of-life, and adopting a more holistic perspective informed by theory may help individuals to view advance personal planning as a routine, preventative exercise that safeguards their autonomy and well-being. Both lawyers and healthcare providers have an important role to play in reframing the purpose of advance personal planning. This revised approach is underpinned by the unification of two separate theoretical lenses: Preventive Law Theory and Therapeutic Jurisprudence. This combination enhances our understanding of what it means for people to truly achieve “the good result” (Holtz 2017) when planning ahead for their future legal, financial, health, and personal interests. Preventive Law Theory encourages an ongoing, collaborative relationship between lawyers and their clients, or healthcare providers and their patients, while Therapeutic Jurisprudence ensures an ethical approach to advance personal planning that accounts for all aspects of the individual’s well-being, including consideration of vulnerability, autonomy, and empowerment.

Public services: theoretical and legal aspects

The scientific article is devoted to the coverage of the theoretical and legal aspects of the «public services» category. The purpose of this article is to form the concept of public services and clarify their essence. The research methods are a collection of modern methods and techniques for learning objective reality, combining both general scientific and special methods of learning legal phenomena. The basis of the research is a complex system method of cognition, in relation to which problems presented in the form of unity of social content and legal form. The results are a comparison of the categories «state service», «social service» and «public service». Different types of services provided in the country at the regulatory and legal level, among scientists and practitioners there are different definitions of the concept of «service». This refers to the definition of the concept of «public services», which prompts researchers to pay attention to the theoretical justification of the meaningful characteristics of the concepts of «services» and «public services». The main approaches to defining the concept of public services and the highlighted features of the above concept considered. Features of public services are highlighted: focus on satisfying socially beneficial interest; regulated by the norms of public law; public nature of legal relations regarding the provision of services; provision of services by a public entity or the private sector under the responsibility of the public sector; provision of services at the expense of state and local budgets; is a way for a person to realize his rights and legal interests or a way to fulfill his obligations. When using the «service» category, the main emphasis is on legal aspects, and in particular, on the subjects of provision. It emphasized that the state and its authorized bodies play an important role in the provision of public services. The analysis of the current legislation on the provision of public, state, local, administrative and other types of services gave reasons to determine that the specified services related to the public-authority activities of public authorities, mainly executive authorities, local self-government bodies and other authorized subjects.

MLuq Protocol: A Proposal for the Immobilization of the White Weapon, Preservation of DNA Traces, and Its Chain of Custody.

Unprecedentedly, this article presents a useful management protocol for the workers in emergency situations assisting victims of white weapon aggressions with a dual innovation. It could presage a possible advance in the healthcare management of these patients and support important repercussions in the legal field when this type of wound is inflicted due to an aggression. The MLuq protocol has been agreed by consensus in a multidisciplinary manner including experts belonging to the state security forces (judicial and scientific Police), to the healthcare area (surgical nursing, emergency medicine, general cardiothoracic and digestive surgery, and the legal and forensic medicine area), to the legal system (a jurist specialized in the area), and to the academic sphere. It is the first paper to propose purse string sutures as a weapon immobilization technique, as well as a set of actions designed to obtain biological traces of legal interest and to preserve the chain of custody. Therefore, it is a useful tool for the health and legal personnel, and especially for the victims.

On Optimization of Protection of the Rights and Guarantee of the Legal Interests of the Victige in Criminal Proceedings

Being one of the key private parties in criminal proceedings, the victim does not have sufficient procedural independence: the exercise of his rights is conditioned by the will of other persons with authority, and his procedural status requires additional legislative regulation. The objectives of the study are to determine the features of the legal model that determines the procedural and legal status of the victim in the conditions of modern criminal proceedings. Conclusions are drawn about the need to concretize and ensure the proper implementation of the independent procedural interests of the victim. Proposals are formulated to improve the procedural status of the victim. The research was carried out on the basis of the analysis of fundamental and controversial provisions of criminal procedural law, legal regulators of criminal procedural legal relations, methods of dialectical cognition, general scientific and private scientific methods were used. The author substantiates the need for proper formalization of the procedural function of the victim and granting him rights that allow for its unhindered implementation.

Constitutional embodiment of people with special needs A comparative study

The issue of the constitutional embodiment of people with special needs is one of the important topics. That is because disability has a great role for the disabled person, his family, and individuals in society in general. It makes this social group face great difficulty in bearing the burdens of life. And due to the increasing percentage of people with special needs globally, in the Arab world and locally, caring with them has increased.
 With the growth of human knowledge, the fertilization of experiences and the exchange of information among the countries of the world, most constitutions paid attention to this phenomenon, and interest in it evolved from one constitution to another, with the change of constitutional formulations, to ensure more rights for this important group in society.
 By adopting an analytical description based on the analysis of constitutional texts, and a comparative approach that compares the constitutional articles related to people with needs with similar ones in the constitutions of other countries, the research seeks to clarify the importance that the constitution attaches to this category of society.
 The research is divided into three chapters, the first of which deals with the concept of people with special needs, and the second deals with the development of legal interest in them. The third deals with the rights and privileges of this social segment in contemporary constitutions.

Theoretical Review of Experiments (Poging) in the Criminal Code

Probation Institute regulated in the Criminal Code called poging according to doctrine is a crime that has been started, but has not been completed or is not perfect, the Criminal Code can threaten an act in order to prevent the occurrence of victims. The Problem Formulation is: How is the Criminal Law Review related to Experiments (poging) in Indonesia?, while the Research Method used is Normative Research, which is obtained from documents or library materials. The objective probation theory that the basis for the conviction of probation is because the act has endangered a legal interest, and the subjective theory of probation that the basis for the conviction of probation is the harmful nature of the perpetrator.

НЕПОВНОЛІТНІ ЯК СПЕЦІАЛЬНИЙ СУБ’ЄКТ АДМІНІСТРАТИВНОЇ ВІДПОВІДАЛЬНОСТІ: УДОСКОНАЛЕННЯ ЗАКОНОДАВЧОГО РЕГУЛЮВАННЯ В УКРАЇНІ

The article is devoted to the study of some problematic provision of the current Code of Ukraine on Administrative Offences and the formulation of proposals for improving the legislative regulation of the issue of administrative liability of minors. With Ukraine's efforts to integrate into the European community, the issue of updating the legislation on administrative liability has become acute. Among the key issues there is a need to change approaches to the administrative liability of minors. Minors as a special subject of administrative liability are distinguished by their specificity, which is connected with peculiarities of their age, physical and mental state. Ukraine is humane about this category of people, but, unfortunately, the number of administrative offences committed by minors increases every year, so the urgency of this topic is beyond any doubt. Measures of influence are applied to minor offenders. Measures of influence are a special kind of measures of administrative liability, which is a state condemnation of a person's misconduct, has a preventive and educational nature and consists in limiting the personal benefits and other legal interests of a minor based on the principle of humanity. In the current Code of Ukraine on Administrative Offences, the age of administrative delictability is defined as 16 years. Today, there is an increase in offences among young children, for example, bullying among schoolchildren has become widespread. Sometimes the feeling of impunity becomes the reason for further illegal actions of such a person. The current legislation gives preference to the application of educational measures to minors. First of all, measures of influence are applied to minors, which are defined in Article 24-1 of the Code of Ukraine on Administrative Offences. The development of information technologies and legislative regulation in many areas provides grounds for reducing the age of administrative delictability. Today, a person receives a passport upon reaching the age of 14, so he/she can independently bear administrative liability from this age. An example of regulation can be criminal legislation, which takes into account the peculiarities of criminal liability depending on the age and type of action of minors. Having researched the scientific literature and legislation, this article concludes that the new legislation should include a gradation of administrative liability measures depending on the age and degree of harmfulness of the committed tort. The new Code of Ukraine on Administrative Misdemeanors should clearly distinguish between the use of influence measures and administrative penalties, taking into account the age of the person. For example, impact measures will be effective for 14–15-year-old people. Persons who have reached the age of 16 should bear administrative liability on general grounds and administrative penalties should be applied to them.

Interests in Russian law: Concept and Types

Relevance. The study of interests in law has an inexhaustible topical theoretical and practical significance, because, as the German philosopher of law R. Iering explained, interests move the world. Indeed, socially significant interests that have received legal support (recognition, consolidation) actively influence the formation, exercise and protection of subjective rights, the implementation of legal relations, legal responsibility, the achievement by subjects of law of the desired material and spiritual benefits, as the ultimate goal of law regulation, law enforcement and legal application. Unfortunately, legal science has not formed the final theoretical provisions on the nature, content, functional purpose and types of legal interests (legitimate interests, interests protected by law, interests in law). The author of the article set the task to indicate his position on some topical issues of the topic under discussion.Purpose – to find out the nature, concept, content, purpose and types of legal interests, the interaction of social interests with law.Objectives: to identify the essential features of social and legal interests, to formulate the concept of legitimate (legal) interests, to find out the types of legal interests, to establish general and specific features of social and legal interests.Methodology. In the course of the study of the designated topic, such general scientific and private scientific methods of research were used as formal-legal, system-structural, logical, comparative-legal, method of analysis and synthesis.Results. Based on the analysis of the theoretical conclusions of well-known Russian researchers, the author formulated and substantiated his own position on the concept and types of legal interests (interests in Russian law), it is noted that legal interests are socially significant interests that have found their “registration” in the norms of positive law and subjective rights, or social interests not enshrined in subjective rights, but protected by law on the basis of the meaning (spirit) of the law, legal principles.Conclusion. Socially significant interests initiate the emergence, change and termination of legal relations, contribute to the achievement by the subjects of law of the desired material and intangible benefits, the satisfaction of their needs.

Relations Between Husband and Wife in Child Rearing

Every child has the right to live and be brought up in a family, to know his parents, to benefit from their care, to live with them. he has the right to be brought up by his side, to have his interests secured, to be fully developed, and to have his human values respected. The child has the right to visit his father, mother, grandfather, grandmother, brothers, sisters and other relatives. In the absence of the child's parents or when they are deprived of parental rights and in other cases when the child is deprived of parental care, the right to upbringing in the family is ensured by the guardianship and sponsoring body. Protection of the child's rights and legal interests is carried out by his parents (persons replacing them). If a minor is recognized as having full legal capacity in accordance with the law, he has the right to independently exercise his rights and obligations, including the right to protection.

The Image Rights Over Social Media Profile: Whose Identity is it Anyway?

We live in an online identity age where employees use their creativity to make their profiles distinctive to attract clients and collaborators. Social media profiles give employees, businesses, and organisations commercial advantages in their respective markets. However, social media profiles can cause problems when employees leave organisations. It is in the interests of the employer to maintain relations with clients that are connected to an employee’s profile. However, given that a social media profile is made up of personality attributes, the employee has a legal and social interest in the commercial value of their identity. This article critically assesses whether image rights can protect the social media profile as an attribute of a person’s identity when the profile has been used in the course of employment. The article begins with a legal analysis that raises questions about the nature and value of a social media profile as an aspect of the right to identity under the South African law of delict. The paper concludes with recommendations on how image rights can protect the employees’ interests over a social media profile even after their term of employment as their identity is inseparable from their person.

JURIDICAL REVIEW OF THE WINNING OF THE EMPTY BOXES IN REGIONAL HEAD ELECTIONS

Elections for Regional Heads or commonly known as “Pilkada” are carried out directly by residents of the local administrative area who meet the requirements. The election of regional heads is carried out in a package together with the deputy regional heads. The regional heads and deputy regional heads in question include the governor and deputy governor for the province, the mayor and the deputy mayor for the city, and the regent and deputy regent for the district. Regarding the elections, By law, winning the empty box is allowed based on Article 54 D (2) of Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning Stipulation of Government Regulations in Lieu of Law Number 1 of 2014 concerning Election of Governors, Regents , and the Mayor becomes Law. However, the next question is that the official appointed by the government based on the winner of the empty box represents legal interests. This has not been regulated by the government, so it is necessary to revise the latest Law to find out about it.
 Keywords: Election, Regional Head, Empty Box

Legislative protection of agricultural land

The agricultural land (AL) needs to be protected due to the steady growth of the global population and the demand for the food, living, work and recreation. The legislation in the area of AL protection in Slovakia has had almost 70-year tradition and 5 regulations with various effectivity of protection have been passed. These regulations reflect the social relations, technical advance, legal culture, as well as the experience of lawmakers. The basic characteristics for the land protection were defined by the social relations in the country. The first years are characterized by the collectivization of land, which changed the individual private farmsteads to collective. The alignment of public and private legal interests in the agricultural sector was disrupted by decisions of the Communist party and the scientific view on the concept of land protection conflicted with the political interests. This 40-year period caused a disruption of the relationship between the farmers and the land, which has not been restored up to the present day. The transformational era is characterized by a downfall of big state farms and a transformation to the market economy. The agrarian policy after 1990 was dominated by a conflict between the efforts to restore the private farmsteads from the era before 1950 and the need to preserve the big agricultural companies, which would be adequately competitive in the free market. The last era is linked to the accession of the Slovak Republic to the European Union in 2004. Since this year, the concept of land protection has been synchronized with the scientific, political and legislative perception of land in the international area and the land protection has been a subject of a vast legal regulation. The degree of land protection is a result of multiple laws and lower regulations and decrees and their synergic effect is expected in the practice. The paper analyses 5 regulations which are focused on the AL protection, and its aim is to quantify the legislative protection level between years 1951 and 2020. The value of agricultural land protection index (ALPI) is increasing with time and it reflects the weak and strong aspects of the protection in the context of social, economic, and ecological potential of the land. The analysis monitors 107 directive, control, and economic tools for AL protection. The results are presented in graphs and the relevant information is highlighted and explained. The results show the favourable evolution of the land protection in Slovakia. In the discussion, there is a space for the effectiveness assessment of the observed regulations, for the comparison of the objectives of the individual regulations and the practical results of the effect of these regulations on social relations. The statistics of the land evolution in the observed 70-year period are good indicators for this purpose. Since the analysis shows the negatives of the regulations, it provides new impulses and can be inspiration for the lawmakers. The method used for the regulation assessment or the comparison of regulations can be applied in various fields of science.

Definition of “Personal Information” in the Crime of Infringing on Citizens’ Personal Information—From the Perspective of Personal Information Protection Law

The concept of “personal information” in the crime of infringing on citizens’ personal information has always been controversial in the criminal law circle. With the promulgation of the personal information protection law, it is necessary to further analyze the definition of “personal information” in the crime of infringing on citizens’ personal information. The legal interest of the crime of infringing on citizens’ personal information is not the suprapersonal legal interest, but the personal information right in the personal legal interest. As the core content of personal information right, the essence of information self-determination right is to emphasize citizens’ personal control over information, which is in line with the legislative orientation of the new law. Around the right of information self-determination, personal information without identifiability should not belong to personal information, and the identification object of personal information should also be limited to “natural persons” to prevent the biased application of law in judicial practice.

ANALISIS KEKUATAN ALAT BUKTI PEMBUKUAN PERUSAHAAN DALAM HUKUM POSITIF DAN HUKUM ISLAM

The rise of companies in Indonesia has led to various kinds of competition, so that if it is not controlled, it is feared that it will lead to unfair (fraudulent) business competition. As for the formulation of the problem in this paper, the first is the definition of evidence in general and the company's bookkeeping evidence, the second is how the strength of the company's bookkeeping evidence is in positive law and Islamic law. The type of research in writing this law is normative legal research or library research, namely legal research by examining library materials or secondary data consisting of primary legal materials. The results of this study the authors conclude with the enactment of provisions governing company documents, the creation, storage, transfer, destruction and submission of company documents can be carried out simply, effectively and efficiently without reducing legal certainty and still protecting the interests of the parties in a legal relationship . Provisions regarding the implementation of storage, transfer, destruction and delivery of documents regulated by this Law are not intended to eliminate the function of the documents concerned as evidence or other legal interests. Keywords;Evidence, Bookkeeping

방어권과 급부권의 구분과 결합

The right to defense means the right to demand the omission or cessation of an act of external aggression by the state against the freedoms presupposed thereon. Depending on the type of freedom that is the premise of the right of defence, the state’s external aggression against it also differs in its type. An aggression against freedom of action appears as an aggression that hinders or deters the action; an aggression against freedom of state appears as an aggression that interferes with or intervenes in a certain state, in particular, an aggression against a legal status where a certain legal status is guaranteed appears as an aggression that deprives the legal status. Thus, the right to defense includes requesting the omission or suspension of the imposition of a legal obligation to hinder or deter a specific act, the legal involvement to interfere with or intervene in a specific state, and the legislation depriving a specific legal status. Unlike the right to defense, which can demand negative action from the state, the right to defense is distinct from the right to benefit, which can demand positive action from the state. The positive actions that can be demanded from the state according to these rights to benefit are essentially legislative, and according to the content of these legislations, the types of the right to benefit are classified into protection rights, procedural rights, and social rights. Restrictions on the right to defense that can demand negative actions are made in the form of positive actions, and restrictions on the right to benefit that can demand positive actions are made in the form of negative actions. Therefore, the principle of proportionality, which is a constitutional principle required for the restriction of constitutional rights, is embodied in the principle of prohibition of excessively abundance and the principle of prohibition of excessively deficiency according to the type of restriction on constitutional rights. Both the prohibition of excessively abundance and the prohibition of excessively deficiency contain four parts of the proportionality principle. And the principle of balance of legal interests, which is the core principle of the principle of proportionality, becomes the most essential partial principle while justifying restrictions on constitutional rights when applying the principle of prohibition of excessively abundance or the principle of prohibition of excessively deficiency.

Administrative and legal support of the activity of advocacy of Ukraine: concept, signs, structure

The paper reveals the essence of administrative and legal support for the activities of the Bar of Ukraine. Different approaches to understanding the category of “administrative and legal support” are considered. The administrative and legal support of the activity of the bar is defined as the activity of state-authorized subjects regulated by the norms of administrative law, which is aimed at creating conditions and providing guarantees for the proper functioning of the bar. The features of this definition are highlighted, namely: this is one of the types of law enforcement activity of the state; the object of provision is the protection of the rights, freedoms and legal interests of the bar; provision is made on the basis of authorities delegated by the state by competent entities; the provisioning process is implemented through a special administrative mechanism; the purpose of using this mechanism is to protect and protect the rights, freedoms and legal interests of the bar. The structure of administrative and legal support for the activity of the bar is presented, which includes the following elements: the object of administrative and legal support is social relations in the field of organization and activity of the bar as a sphere of the state's management activity, which requires legal regulation and implementation with the help of administrative law norms; entities of administrative and legal support – entities authorized by the state, whose activities are aimed at creating conditions and providing guarantees for the proper functioning of the legal profession; norms of administrative law, with the help of which the state-volunteer influence on social relations in the field of organization and activity of the bar is carried out; administrative-legal relations – social relations regulated by the norms of administrative law, which arise, develop and terminate in the process of organization and activity of the bar; guarantees, measures, means, forms and methods of administrative and legal support, aimed at creating appropriate conditions for the effective functioning of the bar.

“Cookbook medicine”: Exploring the impact of opioid prescribing limits legislation on clinical practice and patient experiences

Opioid dependence and overdose are serious public health concerns. States have responded by enacting legislation regulating opioid-prescribing practices. Through in-depth interviews with clinicians, state officials, and organizational stakeholders, this paper examines opioid prescribing limits legislation (PLL) in North Carolina and how it impacts clinical practice. Since the advent of PLL, clinicians report being more mindful when prescribing opioids and as expected, writing for shorter durations for both acute and postoperative pain. But clinicians also report prescribing opioids less frequently for acute pain, refusing to write second opioid prescriptions, foisting responsibility for patient pain care onto other clinicians, and no longer writing opioid prescriptions for chronic pain patients. They directly credit PLL for these changes, including institutional policies enacted in response to PLL, and, to a lesser degree, notions of “do no harm.” However, we argue that misapplication of and ambiguities in PLL along with defensive medicine practices whereby clinicians and their institutions center their legal interests over patient care, amplify these restrictive changes in clinical practice. Clinicians’ narratives reveal downstream consequences for patients including undertreated pain, being viewed as drug-seeking when questioning opioid-prescribing decisions, and having to overuse the medical system to achieve pain relief.