Legal Issues Research Articles

An Anticipatory Approach to Ethico-Legal Implications of Future Neurotechnology.

This paper provides a justificatory rationale for recommending the inclusion of imagined future use cases in neurotechnology development processes, specifically for legal and policy ends. Including detailed imaginative engagement with future applications of neurotechnology can serve to connect ethical, legal, and policy issues potentially arising from the translation of brain stimulation research to the public consumer domain. Futurist scholars have for some time recommended approaches that merge creative arts with scientific development in order to theorise possible futures toward which current trends in technology development might be steered. Taking a creative, imaginative approach like this in the neurotechnology context can help move development processes beyond considerations of device functioning, safety, and compliance with existing regulation, and into an active engagement with potential future dynamics brought about by the emergence of the neurotechnology itself. Imagined scenarios can engage with potential consumer uses of devices that might come to challenge legal or policy contexts. An anticipatory, creative approach can imagine what such uses might consist in, and what they might imply. Justifying this approach also prompts a co-responsibility perspective for policymaking in technology contexts. Overall, this furnishes a mode of neurotechnology's emergence that can avoid crises of confidence in terms of ethico-legal issues, and promote policy responses balanced between knowledge, values, protected innovation potential, and regulatory safeguards.

Prepare to manage legal issues tied to heightened political activism

Prepare to manage legal issues tied to heightened political activism

Exploring the Intersection of Medicine and Law: A Comprehensive Analysis of Medical Legal Issues

Exploring the Intersection of Medicine and Law: A Comprehensive Analysis of Medical Legal Issues

The Politics of Legal Pluralism in a Muslim Society

Egor Lazarev has offered us a book of uncommon ambition and erudition. At its core, State-Building as Lawfare: Custom, Sharia, and State Law in Postwar Chechnya explores how elites and ordinary citizens pursue their interests by weighing the costs and benefits of using alternative legal frameworks in postwar Chechnya. By describing how politicians encourage nonstate legal remedies to build political coalitions—and how everyday Chechens engage in forum shopping when trying to manage their own legal issues—Lazarev teaches us about the challenges associated with the extension of state legal institutions in the wake of prolonged, nationalist conflict. Although Lazarev treats his exploration of legal pluralism as the theoretical framing for the book, such a reading belies what I view as his primary empirical contribution: a meticulous exploration of gender politics in the North Caucasus. In this review, I describe Lazarev’s arguments about elite and citizen legal strategies, discuss his understanding of gender disputes in a postconflict Muslim society, and offer a provocation for future research that would situate the study of Chechnya in a broader literature on autocratic politics.

Akibat Hukum Bagi Notaris Terhadap Penyalahgunaan Keadaan Dalam Pembuatan Akta Autentik

In its development, the lawsuit for canceling e agreement due to the absence agreement as included in first condition Article 1320 of the Civil Code, is not limited to Article 1321 of the Civil Code, such as oversight, coercion and fraud, but in its development new reasons emerge, namely misbruik van omstandigheiden. In practice, raising questions related to classification can be categorized abuse of circumstances and the notary's responsibility in a deed that is proven to have an abuse of circumstances. This study to analyze the legal consequences of misuse of circumstances in making authentic deeds for notaries. The legal issues, are, 1) First, the criteria abuse circumstances in making an authentic deed, 2) Second, the responsibility of the notary an authentic deed which was canceled due to a misuse of circumstances. This research is a normative research with a statutory approach, a conceptual approach, and a case approach. Based on this research, it was found that First, the criteria for misuse of circumstances in a notarial deed include: a. There is a loss suffered by one party; and b. There was abuse of opportunity by the parties at the time of the agreement, both economic and psychological abuse. Second, the notary's responsibility in the event that the deed does contain misuse of circumstances, then according to the classification of the error, it must be seen whether there was an error, whether intentional by the notary or an error, due to negligence in doing certain things. KEYWORDS: Abuse of Circumstances, Notary, Responsibility of the notary.

Legal Issues of Fusion Technologies

Abstract A comprehensive regulatory framework for fusion must consider the unique characteristics and challenges of fusion technology, including safety, environmental protection, waste management, export/import control, and nuclear liability. The International Atomic Energy Agency (IAEA) has established safety standards and guidelines related to fusion, but more needs to be done to address the gaps in the existing legal frameworks. The article emphasizes the need for clear and predictable regulations to provide confidence for investors and promote the research, development, and deployment of this promising technology. Although significant progress has been made in recent years, commercial fusion power is still likely many years away from being a reality, but a legal framework is essential for its eventual success.

Problems of protection of labor rights during hiring with the use of artificial intelligence algorithms

Abstract In recent years, artificial intelligence has found wide application in labor law, including in hiring processes. Artificial intelligence algorithms are used to automate recruiting, skills assessment and decision making. Although this can provide certain advantages and efficiency in the selection of candidates, the use of artificial intelligence algorithms in hiring also creates new legal problems and challenges, in particular in the context of the protection of labor rights in hiring: discrimination, transparency of artificial intelligence algorithms, protection of personal data. The problems caused by the use of artificial intelligence in labor law create challenges for lawyers in the context of creating ethical criteria and legal frameworks that regulate the use of artificial intelligence in the hiring process. The purpose of this article is to outline the main legal issues related to the violation and protection of labor rights in the case of the use of artificial intelligence algorithms in hiring. To achieve the goal of the research, methods of analysis, generalization, formal-logical, comparison, forecasting, dialectical and others were used. The current state of Ukrainian legislation and the experience of foreign countries are considered. The signs by which the artificial intelligence system can be classified as high-risk are highlighted. The problems of personal data protection during recruitment using artificial intelligence algorithms are analyzed. The definition of discrimination contained in international legal acts has been studied. Insufficient legal regulation of discrimination with the use of artificial intelligence algorithms has been established, which in turn creates problems in law enforcement. The criteria necessary to prevent manifestations of discrimination during recruitment with the use of artificial intelligence algorithms are highlighted. On the basis of the conducted research, a conclusion was made about the insufficient legal regulation of the use of artificial intelligence algorithms in domestic legislation, criteria that should become key for the protection of labor rights during employment with the use of artificial intelligence algorithms.

Polish Film Institute: Selected Legal and Financial Aspects

Legal issues concerning cinematography are part of the constitutional regulations concerning national heritage and cultural heritage. Supporting the development of cinematography is the main task of the Polish Film Institute. The aim of this article was to examine the legal and financial issues concerning this state legal entity (in particular, its revenues and expenses). In addition, the authors set out to determine whether the Polish Film Institute is an effective entity and whether its functioning is beneficial to Polish culture and national heritage. The publication uses a dogmatic-legal method and an empirical method (the financial plans of the Polish Film Art Institute from 2017–2022 were analysed).

Transformation of integrated formations in industry

Modern realities are such that the priority in the activities of any company is its efficiency, and it does not matter in what area or sector of the economy it operates. Making a profit is the main goal for managers, and even more so for company owners, and any opportunity to minimize costs and thereby increase their assets will be used by business. One such way for large corporations to reduce costs is to move from the status of a holding structure to that of a group of companies. If necessary, companies that have chosen such an organizational and legal form can quickly respond to changes in the external environment and focus the necessary company resources in one direction to promptly decide on a strategic task and its immediate implementation. Such associations manifest themselves most clearly in extreme conditions, and where other companies go into the red, they show positive dynamics in revenue growth. The article presents the results of the author’s research on the above topic. For analysis, some aspects of the organizational activities of holding structures and groups of companies were selected, such as legal issues, the status of companies, the possibility of bankruptcy and mutual liability of organizations within the company, consolidation and redistribution of profits, finances, resources, means of production and logistics; image and business reputation; control system; risks; relationships with partners and employees; pricing policy and taxation. Groups of companies operating in agro-industrial complexes and agriculture have proven to be more mobile and adapt faster in unstable economic conditions due to the decentralization of legally free company members.

Gout and Gout-Related Comorbidities: Insight and Limitations from Population-Based Registers in Sweden

Population-based databases in Nordic countries offer unique opportunities for large-scale population-based epidemiological studies. The personal identity number enables researchers to link different registers at the individual level, which can be used for large-scale epidemiological population-based studies. This review outlines how these opportunities have been used so far in the field of gout research, as well as the potential challenges and limitations. Their major advantage is that they cover the entire population, minimizing problems such as selection bias and loss to follow-up. This has enabled us to provide information on gout regarding risk factors; occurrence; association with comorbidities in relation to gout onset; treatment patterns; as well as its effect on other outcomes, such as sick leave and mortality. Validity issues, missing data, and legal issues are some of the challenges that researchers need to deal with. Choosing the most appropriate combination of databases to use for a specific question is crucial in order to maximize validity and adjust for confounders. Despite challenges and potential limitations, the Swedish registers have provided valuable epidemiological results and will continue to play an important role in the years to come.

Can COVID-19 infection be considered an occupational disease or injury? Analysis to fill up regulatory gaps.

Although the pandemic is nearing its end, the question of whether COVID-19 infection will be considered a work-related or occupational disease remains a legal issue. Therefore, this study aims to provide clarification on this matter. Since the International Labour Organization (ILO) serves as the primary authority on work-related matters, this study is focused on analyzing the ILO's policies regarding the acknowledgment of COVID-19 infections as occupational diseases. It also investigates how States can recognize COVID-19 as such a disease while delving into the connection between the disease or injury and the occupation itself. This study utilizes a doctrinal methodology, focusing on legal research. This approach employs an applied (expository) research method and discusses the topic from a professional constituency perspective, as proposed by Arthurs in 1983. The findings indicate that the ILO does not explicitly mention the pandemic or COVID-19 infection as an occupational disease in its list. However, it does include "infectious-related diseases" or "work that carries a particular risk of contamination" as occupational or work-related diseases, which can logically be interpreted as encompassing COVID-19 infection as an occupational or work-related disease. As the ILO sets guiding principles for its member States, this study recommends that the ILO should establish clear and comprehensive guidelines for member States to recognize COVID-19 infections or any future pandemics as occupational diseases. This study will serve as a valuable resource for policymakers who intend to enact or amend national legislation to align with the ILO. Furthermore, it will assist relevant stakeholders in taking necessary actions based on the study's findings.

Assisted death for prisoners and forensic patients: complexity and controversy illustrated by four recent cases.

Medical assistance in dying (MAiD) (which includes euthanasia and assisted suicide) is available in an increasing number of countries. In Belgium, The Netherlands and Switzerland (and was due to be implemented in Canada from 2024) eligibility includes mental suffering in the absence of any physical disorder. There are particular ethical and legal issues when considering MAiD for those involuntarily detained in prisons and hospitals. We describe four recent cases that illustrate these complexities, and highlight issues of equivalence of healthcare and self-determination against concerns about the criteria for determining eligibility of those with non-terminal conditions as well as the objections raised by victims and families and the demands for justice.

Sustainability of Historical Buildings Through Reuse Projects: A Case Study of the Kadıköy District in Istanbul

This research focuses on the preservation and adaptive reuse of historic structures. It emphasizes the importance of conserving cultural and historical heritage, suggesting that assigning new functions to these buildings contributes to sustainability. The study progresses through successful examples of adaptive reuse of historical buildings acquired by the Kadıköy Municipality, addressing spatial, cultural, and legal dimensions. It underscores the importance of preserving the architectural characteristics, spatial organizations, and surroundings of these buildings when assigning new functions. The research advocates for minimal intervention principles in adaptive reuse projects, ensuring the historical and cultural values of the buildings are considered. Furthermore, it highlights that these projects should not only focus on physical restoration but also faster social and cultural interaction. Adaptive reuse projects in the Kadıköy region have been developed in line with these principles, creating active and functional spaces that respond to community needs. These projects successfully demonstrate how the preservation and active use of historical buildings can contribute to regional and cultural sustainability. Finally, the research addresses the challenges encountered in the preservation and adaptive reuse of historical buildings in Turkey, discussing legal, economic, and technical issues, and offers suggestions for effective strategies in this field. The aim is to increase awareness and develop efficient strategies for the preservation of Turkey’s historical structures.

Legal Issues About NFTs

This paper investigates some of the legal issues related to non-fungible tokens, i.e. NFTs. The main feature of non-fungible tokens is their uniqueness together with the possibility of representing any digital resource on a blockchain, thus making it demonstrable and economically evaluable. From a legal point of view, this kind of instrument is alluring even though many look at it with uncertainty. As with any emerging technology, NFTs also present legal issues which need to be addressed as the market continues to grow. These problems deal with the legal nature of NFTs arising the doubt if they are securities or not. One more issue is the potential applicability to non-fungible tokens of the first sale rule. Furthermore, the problems involved also extend to other areas of law. In fact, both issuers and buyers need to be protected. Regarding issuers, the issue of an NFT may require the drafting of an additional contract with a specialised entity. On the other hand, buyers must be adequately informed of the purchase transaction. It follows that all the parties must be aware of the legal challenges involved and work towards establishing best practices and industry standards to address them. Additionally, it is necessary to issue specific legislation that regulates every aspect of the purchase.   Received: 10 February 2024 / Accepted: 29 March 2024 / Published: 5 May 2024

İş Sözleşmesinin Taraflardan Birinin Ölümü ile Sona Ermesine Bağlanan Hukuki Sonuçları Üzerine Genel Bir Değerlendirme

In our study, it is aimed to discuss the legal consequences of the termination of the employment contract due to the death of one of the parties, limited to the employees within the scope of the Labour Law, in comparison with the legislation, current judicial decisions and Swiss Law. One of the reasons for the automatic termination of the employment contract is death. As a rule, it is accepted that the employment contract continues to exist in the event of the death of the employer and terminates in the event of the death of the employee. As a principle, it is accepted that the employment contract continues to exist in the event of the death of the employer and terminates in the event of the death of the employee. Nevertheless, in some cases, the employer's death is considered an automatic termination of the employment contract. "In such instance, it is important to ascertaining the legal entitlements of the employee who has been terminated. The legal issues to be addressed in terms of the death of the employer are; determination of the situations in which the employment contract will be deemed to have terminated automatically, the situations that will be entitled to the equitable compensation regulated in the Turkish Code of Obligations and the principles to be taken into consideration in determining the amount of this compensation, the differences arising from the type of employment contract, the status of the workers within the scope of the Labour Law and whether they are entitled to severance and notice payments. In terms of the death of the employee, although the continuation of the contract is certain, some issues may be encountered in determining the various entitlements that the legal heirs of the employee and other beneficiaries can assert vis-à-vis the employer. In this context, the beneficiaries, the amount to be paid and its relationship with similar receivables and compensations of the legal nature and scope of the subsequent payment obligation after death regulated by the Turkish Code of Obligations will be evaluated within the framework of the provisions of the Turkish Code of Obligations and the repealed Labour Law No. 1475 Article 14 that in force on severance pay.

Legal Issues in Land Acquisition for Agricultural Production in Nigeria

Land is the nations’ most valuable asset, as it provides sustenance. Legally speaking, land tenure in Nigeria is a complicated web of connections between many organizations that establishes land ownership patterns in connection to various land uses. This study examined the legal issues in land acquisition for agricultural production in Nigeria. Secondary data sourced from books, journals, and the internet were used. Normative legal research techniques were adopted to discuss legal issues in land acquisition, while qualitative content analysis was used to ascertain the level of agricultural production in Nigeria, as well as the relationship between land acquisition and agricultural production in Nigeria. The study’s findings showed that Nigeria's land tenure system supports land partitioning (land fragmentation), which leads to scattered small-scale farming. Tenure rules stipulated in the Nigerian Land Use Act of 1978 hinder agricultural productivity in Nigeria. Additional relevant factors and challenges influencing Nigeria's agricultural production include land tenure insecurity, and political and bureaucratic bottlenecks in the acquisition of land rights for agricultural uses. To ensure improved agricultural productivity, the government should initiate and implement a new land tenure reform that will address the inherent challenges in the current land tenure system.

OPTIMAL CENTRAL BANK DIGITAL CURRENCY DESIGN FOR EMERGING ECONOMIES

The growth of digitalisation presents the possibility for Central Bank Digital Currency (CBDC) to emerge as a secure and efficient payment method. However, despite the benefits, CBDC implementation needs to be adapted to the capabilities and needs of each country. This study uses meta-strength, weakness, opportunity, and threat (meta-SWOT) analysis to assess the internal strengths and weaknesses, as well as the external opportunities and threats, to determine the most optimal CBDC design for emerging economies. In analysing internal aspects, CBDC allows for an efficient payment system, followed by a more effective monetary policy. Furthermore, the technology creates the possibility to boost financial inclusion and trace many illicit activities. However, to achieve that, high investment costs and privacy issues must be accommodated, followed by technological risks such as the digital divide and electrical outages. Turning to external aspects, growing technology, the network effect, enthusiasm for CBDC, and the impracticality of cash usage have become catalysts for CBDC development. Despite these opportunities, central banks should be wary of the threat of cyberattacks, quickening bank disintermediation, legal issues within their respective countries, and competition with private crypto companies. Altogether, the most optimal CBDC design in emerging economies is retail and wholesale coverage, interest-bearing (wholesale) and noninterest-bearing (retail) remuneration, account-based and token-based paymentsystems, a traceable degree of anonymity, hybrid architecture, a Decentralised Ledger Technology (DLT) ledger system, and domestic and cross-border scope. These results are supported by rigorous examination of global CBDC research and development.

Challenges and benefits of telepathology in education: lessons learned from COVID-19-a systematic review.

The COVID-19 pandemic in 2020 posed significant communication challenges, especially in the healthcare sector. Telepathology provides a valuable means for healthcare providers to communicate. This study investigated the key challenges and benefits of telepathology in education through a systematic review of relevant studies conducted during this period. This systematic review was conducted in 2022. We utilized databases, including PubMed, Google Scholar and ScienceDirect. Our search was performed from 7 February 2022 to 13 February 2022. We selected articles based on inclusion criteria and used the Critical Appraisal Skills Program checklist to assess study strengths and limitations. We extracted data using a checklist and synthesized the results narratively. We initially identified 125 articles, and after screening, 15 were included in the study. These studies reported various challenges, including cost, technology, communication problems, educational difficulties, time wasting, legal issues and family distraction problems. Conversely, studies mentioned benefits, such as care improvement, better education, time efficiency, proper communication, cost and technology advancement. The results of this study will help future efforts and investigations to implement and set up telepathology. Based on our review, despite the challenges, the benefits of telepathology in education are greater than these obstacles, indicating its potential for future use.

The Constitutionality of Inheritance Rights for Extramarital Children: Assessing the Legal Response under Balinese Customary Law

This article analyzes the inheritance rights of children of extramarital under the Balinese Customary Law post-Constitutional Court decision. This study focuses on the extramarital position in inheritance under Balinese Customary Law after the enactment of Constitutional Court decision. Any child born from unmarried parents and adultery is stigmatised as extramarital child (walad al zina)for his entire life and is forbidden from inheriting an estate of his biological father. Then, the reason why this legal issue is chosen as the main subject of the study is due to the legal circumstance in which the Balinese community does not grant a position to extramarital children under Balinese customary law in inheritance from the Purusa line. Hindu-Balinese religious leaders such as Parisada, as well as the Traditional Village Council, have never followed up the Constitutional Court's ruling stating that children born out of wedlock have civil relations with their biological fathers. Islamic religious leaders have followed up on the Constitutional Court's decision by issuing a fatwa of the Indonesian Ulema Council (MUI) imposing an obligation on biological fathers to separate their wealth for a guarantee of life to children. Applying the statutory approach, conceptual approach, sociological approach, and case approach, it can be understood that children born out of wedlock (Balinese call it begin at children) have no position as heirs in the purusa line but only have an inheritance relationship with their mother and their mother's family.

Exploring the psychology of LLMs’ moral and legal reasoning

Large language models (LLMs) exhibit expert-level performance in tasks across a wide range of different domains. Ethical issues raised by LLMs and the need to align future versions makes it important to know how state of the art models reason about moral and legal issues. In this paper, we employ the methods of experimental psychology to probe into this question. We replicate eight studies from the experimental literature with instances of Google's Gemini Pro, Anthropic's Claude 2.1, OpenAI's GPT-4, and Meta's Llama 2 Chat 70b. We find that alignment with human responses shifts from one experiment to another, and that models differ amongst themselves as to their overall alignment, with GPT-4 taking a clear lead over all other models we tested. Nonetheless, even when LLM-generated responses are highly correlated to human responses, there are still systematic differences, with a tendency for models to exaggerate effects that are present among humans, in part by reducing variance. This recommends caution with regards to proposals of replacing human participants with current state-of-the-art LLMs in psychological research and highlights the need for further research about the distinctive aspects of machine psychology.