Legal Issues Research Articles

Implementation approach in legal research

The use of a research approach in legal research will determine the results. There are three categories of approaches in legal research. The normative approach is the most widely used. This research aims to examine how the approach should be implemented in legal research. This research uses a conceptual approach which is still within the scope of the normative approach. Research data was collected by searching articles published in 23 law journals. The results of this research show that the approach to legal research is the use of perspective in discussing legal issues. There are three legal research approaches, namely normative, empirical, and philosophical approaches with all their variants. The normative approach reviews legal problems from a positive law perspective. The empirical approach examines legal problems as a cultural reality. A philosophical approach examines legal problems from an ideal perspective. The approach to legal research should be applied according to the type of research, research data, and level of research. The normative approach is the most widely used. This is because law is mostly understood as a set of rules. Sequentially, of the 256 articles studied, 70% of legal research used a “normative approach”, 19% empirical, and 11% philosophical.

The legal policy in fostering the use of alternative dispute resolution procedures

The complications of social relations contribute to the growth of the number of disputes that result from conflict situations. In these conditions, the role of the state’s legal policy, aimed at stimulating the participants of social relations to choose economical, efficient, and prompt methods of conflict resolution, is significantly increasing. Improving the quality of dispute resolution directly correlates with a drop in the number of cases pending before a judge. This is achievable only through the development of the mechanisms of pre-trial dispute resolution and conciliation procedures. This paper aims to study legal issues and perspectives on the development of alternative dispute resolution based on the analysis of the legal policy of the Russian Federation. To achieve the mentioned goal, comparative legal analysis, a systemic approach, and formal-juridical methods were used to show the current developments of the legal policy of the Russian Federation in the sphere of stimulating and incentivizing alternative dispute resolution. Authors concluded that, unlike the domestic legal order, in foreign states, there is not only a formed normative basis for the procedures of alternative dispute resolution but also political acts of stimulating tone, designed to actively involved in these procedures more and more participants of social relations in a state of conflict. It has been established that the legal policy on introducing alternative dispute resolution procedures in foreign legal orders is characterized by a shifted emphasis on family law.

Law Chatbot

bstract: This paper presents the development and implementation of a pioneering solution titled “Law Chatbot” aimed at revolutionizing access to legal information and services. The Law Chatbot is an artificial intelligence-powered conversational agent designed to provide users with instant legal advice, guidance, and resources. Leveraging text retrieval and generation, the chatbot offers personalized responses to user queries, covering a wide spectrum of legal topics such as civil law, criminal law, contract law, and intellectual property rights. The system is built upon a scalable and secure architecture, ensuring reliability and confidentiality in handling sensitive legal matters. Through seamless integration with messaging platforms and web interfaces, the Law Chatbot provides round-the-clock accessibility, empowering individual and businesses to navigate complex legal issues efficiently and affordably. With its user-friendly interface and comprehensive knowledge base, the Law Chatbot represents a transformative tool in democratizing access to legal expertise, bridging the gap between legal professionals and the general populace. This report elucidates the design principles, technical components, and potential applications of the Law Chatbot, highlighting its significance in promoting legal literacy, fostering legal empowerment, and facilitating access to justice in the digital age.

Research on Tax Legal Issues of Virtual Property

The rapid development of virtual property has become an important part of digital economy and virtual economy. The economic activities of virtual property are increasingly prosperous, and the economic benefits brought by virtual property cannot be underestimated. However, while virtual property-related income is growing, it is difficult for them to be included in the scope of tax collection and management by tax authorities. Starting from the analysis of the legal basis of virtual property, this paper explores the essence and classification of the tax law of virtual property, analyzes the problems existing in the current tax law and the difficulties faced by tax collection and management, and explores the construction of Chinese-style modern virtual property tax law norms and collection and management systems from two aspects of legislation and law enforcement.

Legal Issues in the European Unions Anti-Cross Border Subsidy Measures: A Study

This article provides a panoramic overview of the "Foreign Subsidies Regulation" that passed on June 30, 2022 and officially took effect throughout the European Union on July 13, 2023. It conducts a deep analysis of the Foreign Subsidies Regulation through the background analysis and discusses why is the Foreign Subsidies Regulation made. Then the basic provisions of the Foreign Subsidies Regulations are discussed in detail from the aspects of the definition of foreign subsidies, distortive effects, review procedures of foreign subsidies, and implementing agencies. In future, most of the non-EU companies doing business in Europe could be subject to the European Commission's new rules on foreign subsidies. Then this article provides an objective analysis of access for companies investing in Europe. By discussing the possible influence, this article identifies strategies for non-EU countries' companies investing in Europe from four aspects:compliance management, corporate mergers and acquisitions and investment, public procurement and corporate financing. Hope the suggestions in this article can be helpful.

The Development and the Assessment of Sampling Methods for Hard-to-Reach Populations in HIV Surveillance.

Due to stigma or legal issues, populations with higher HIV risk are often hard to reach, which impedes accurate population estimation of HIV burden. To better sample hard-to-reach populations (HTRPs) for HIV surveillance, various sampling methods have been designed and/or used since HIV epidemic following the first reported AIDS cases in 1981. This paper describes the development and the assessment (i.e., validity and reproducibility) of approximately eight sampling methods (e.g., convenience sampling, snowball sampling, time location sampling, and respondent-driven sampling) for HTRPs in HIV surveillance, with a focus on respondent-driven sampling (RDS). Compared to other methods, RDS has been greatly assessed. However, current evidence is still inadequate for RDS to be considered the best option for sampling HTRPs. The field must continue to assess RDS and to develop new sampling approaches or modifications to existing approaches.

A review on legal issues of medical robots.

This paper examines the legal challenges associated with medical robots, including their legal status, liability in cases of malpractice, and concerns over patient data privacy and security. And this paper scrutinizes China's nuanced response to these dilemmas. An analysis of Chinese judicial practices and legislative actions reveals that current denial of legal personality to AI at this stage is commendable. To effectively control the financial risks associated with medical robots, there is an urgent need for clear guidelines on responsibility allocation for medical accidents involving medical robots, the implementation of strict data protection laws, and the strengthening of industry standards and regulations.

Polityk dwóch epok, taki, jakim (nie) był. Minister Tadeusz Matuszewicz i jego biografia

Tadeusz Matuszewicz was a politician, civil servant, and statesman. He lived at the turn of the 18th and 19th centuries, taking part in several important events of this period, the most significant of which were participation in the drafting of the Constitution of 3 May 1791 and its adoption, and holding the post of the Minister of Treasury both in the Duchy of Warsaw and the Kingdom of Poland. He also took part in the Civil Reform Committee, which prepared changes to the administrative system. The details of Matuszewicz’s biography should therefore illuminate a number of public and legal issues of the era. The reviewed book of Dominika Rychel-Mantur is intended as a biography of Matuszewicz’s public activities. In fact, it only slightly expands the knowledge concerning some aspects of Matuszewicz’s life between 1809 and 1815. Other public activities are either omitted or superficially elaborated. The author did not use the basic archival sources and omitted important pieces of literature on the subject. Many of the findings presented against the source materials used turn out to be untrue due to their misunderstanding or misreading. Unfortunately, Dominika Rychel-Mantur’s book can hardly be regarded as successful.

Utility of scores to predict alcohol use after liver transplant (lt): take them with a grain of salt.

The Sustained Alcohol use post-Liver Transplant (SALT) and the High-Risk Alcohol Relapse (HRAR) scores were developed to predict return to alcohol use after liver transplant (LT) for alcohol associated liver disease (ALD). A retrospective analysis of deceased donor LT 10/2018 to 4/2022 was performed. All patients (pts) underwent careful pre-LT psychosocial evaluation. Data on alcohol use, substance abuse, prior rehabilitation, and legal issues were collected. Post-LT, all were encouraged to participate in rehabilitation programs and underwent interval phosphatidylethanol (PeTH) testing. Pts with ALD were stratified by < or > 6 month sobriety prior to listing. Those with <6 month were further stratified as acute alcoholic hepatitis (AH) by NIAAA criteria and non-AH. The primary outcome was utility of the SALT (<5 vs. ≥5) and HRAR (<3 vs. ≥3) scores to predict return to alcohol use (+PeTH) within 1 year after LT. Of the 365 LT, 86 had > 6 month sobriety and 85 had <6 month sobriety; 41 with AH and 44 non-AH. In those with AH, the mean time of abstinence to LT was 58 days, and 71% failed prior rehabilitation. Following LT, return to drinking was similar in the AH (24%) compared to <6M non-AH (15%) and >6M ALD (22%). Only 4% had returned to heavy drinking. The accuracy of both the SALT and HRAR scores to predict return to alcohol was low (accuracy 61-63%) with poor sensitivity (46% and 37%), specificity (67-68%), positive predictive value (22-26%) with moderate negative predictive value (NPV) (81-83%), respectively with higher NPVs (95%) in predicting return to heavy drinking. Both SALT and HRAR scores had good NPV in identifying patients at low risk for recidivism.

EU Administrative Decision-Making Delegated to Machines – Legal Challenges and Issues

Increasing computing power, the constant development of different types of digital tools or even the use of AI systems – they all provide the EU administration with an opportunity to use automated decision-making (ADM) tools to improve the effectiveness and efficiency of administrative action. At the same time, however, the use of these tools raises several concerns, issues or challenges. From a legal perspective, there is a risk of compromising or reducing the accountability of public actors. The use of new technologies in decision-making may also affect fundamental values and principles of the EU as a whole. Automation, the use of large amounts of data and the extremely rapid processing of such data may affect or jeopardise the rights of individuals protected by EU law, including the fundamental rights guaranteed by the EU Charter. In order to keep administrative action within the limits of the law and to guarantee the rights of individuals, it is necessary to keep an eye on the various legal challenges associated with these phenomena. This article looks at three inter-connected levels of automated decision-making – the data, the ADM tool and the way it is programmed, and the output and its reviewability – and presents the legal issues or challenges associated with each of these levels.

Organizational and Regulatory Aspects of the Telemedicine Technologies Use in Providing Health Care to Children and Adolescents with Mental Disorders in Russian Federation

Background: the need for remote delivery of diagnostic, treatment and correctional care has increased significantly due to the COVID-19 pandemic. At the same time, at present, remote forms of care in psychiatry cause ambiguous attitudes among representatives of the medical community, and many organizational, legal and clinical-methodological issues of the use of telemedicine technologies in the provision of medical care, especially in the “patient–doctor” format, remain insufficiently developed. The purpose of this review is to analyze the scientific publications on the organization and legal regulation of telemedicine consultation in the “doctor–doctor” and “patient–doctor” formats when providing assistance to children and adolescents with mental disorders in the Russian Federation. Material and method of review: according to keywords “child psychiatry”, “health care”, “telemedicine technologies”, “regulatory acts” Russian scientific studies published between January 2016 and September 2023 presented in the databases eLibrary and PubMed were selected and analyzed. An analysis of the organizational and regulatory parameters of telemedicine consultations in the “doctor — patient (legal representative)” format and in the “doctor — doctor” format was made based on the practical activities of the Center named after G.E. Sukhareva of the Moscow Department of Health. Conclusion: the review of scientific articles confirmed the validity of telecommunication technologies use to make accessible the children’s psychiatric care, as well as for destigmatization and improvement the quality of medical care. It was shown the need to optimise the regulatory framework, to eliminate conflicting regulatory requirements for primary telemedicine consultation.

Improving structured interview acceptance through training

AbstractDespite having predictive validity above other selection methods, structured interviews are not always used. Using the Theory of Planned Behavior as a framework, this study examines the role of interview training in increasing structured interview acceptance (SIA). Based on a survey of 190 practitioners in the fields of Human Resources, I‐O Psychology, and other professionals who conduct employment interviews, our results show that not all interviewer training programs are equally effective in increasing SIA. While participation in formal interviewer training is related to SIA, SIA could be influenced more by incorporating certain training components, including training on how to avoid rating errors (r = .21), learning how to evaluate interview answers (r = .19), interview practice/roleplaying (r = .17), training on job analysis (r = .15), legal issues (r = .15), background and purpose of the interview (r = .13), job requirements for the position(s) being filled (r = .13), and a discussion about interview verbal and nonverbal behaviors to avoid (r = .13). Additionally, we found that training components display different relationship with SIA across our two sub‐samples. For example, in the MTurk sample (i.e., composed primarily from a managerial population) including job analysis, how to evaluate answers, and how to avoid rating errors correlated significantly with SIA. However, in the non‐MTurk sample (i.e., composed primarily from a HR professional population), interview practice/role playing, rapport building, use of a videotaped interview to guide instructions, and how to make decisions from interview data correlated significantly with SIA. This highlights the importance of training needs analysis to better understand the audience before training. We suggest that organizations incorporate the identified components into interviewer training to enhance the structured interviews acceptance and ensure that interviewers are more likely to implement structured interview techniques in practice.

Consent and Inclusion of People Living with Dementia (PLWD) in Research: Establishing a Canadian Agenda for Inclusive Rights-Based Practices.

People living with dementia (PLWD) may want to participate in research, but the guidelines and processes enacted across various contexts may prohibit this from happening. Understanding the experiences of people with lived experiences of dementia requires meaningful inclusion in research, as is consistent with rights-based perspectives. Currently, the inclusion of PLWD in Canadian research is complex, and guidelines and conceptual frameworks have not been fully developed. This research note outlines a three-year proof-of-concept grant on the inclusion and consent of PLWD in research. It presents a brief report on some of the contradictions and challenges that exist in legislation, research guidelines, and research practices and raises a series of questions as part of an agenda on rights and inclusion of PLWD in research. It suggests conceptual, legal, and policy issues that need to be addressed and invites Canadian researchers to re-envision research practices and to advocate for law and policy reform that enables dementia research to align and respect the rights and personhood of PLWD.

Exploring Legal and Non-Legal Approaches to Eliminating Child Labor in the Cocoa Industry In Ghana

Abstract The problem of child labor in cocoa-producing countries like Ghana and Ivory Coast has been projected into the international limelight due to coverage by notable international media organizations like CNN, BBC, and Al Jazeera. The incidence of child labor in the cocoa industry raises legal and ethical issues in the production and manufacturing processes that feed into international trade. This paper explores the international legal framework on child labor under the Minimum Age Convention and the consistency of Ghanaian domestic law with the Convention. It further discusses empirical data collected from Anyinam, a cocoa farming community in the Eastern Region of Ghana and the sustainability programme of Federated Commodities Ltd. (FEDCO), as a private sector responsible business initiative aimed at addressing the problem of child labor from a holistic approach.

Disrupting MMORPGs gaming: Exploring and renegotiating end-user license agreements in the Metaverse

This paper explores key legal issues surrounding gaming platforms that provide/host Massive Multiplayer Online Role-Playing Games. Since we are entering the next epoch of the Internet, Web3.0 – and the emergence of Metaverses that operate within this space, this paper conducts an inquiry into the key facets of end-user license agreements (EULAs) used in the platforms that may likely need to be renegotiated. Firstly, how do we reconcile the legal regulatory status of gaming platforms in a decentralized Web3.0 Metaverse? Secondly, how can the rights of end users of gaming platforms be protected vis-à-vis the EULAs in this space? And thirdly, what specific aspects in existing EULAs are likely needed to be renegotiated in light of a decentralized Web3.0 Metaverse? This paper will utilize a case study using the EULAs of Blizzard Entertainment Inc. and provide a possible reformulation of specific terms and conditions of EULAs.

A Critical Analysis of Void Agreement Under Indian Contract Act and Navigating Its Implications

This research paper goes into the complexities of contract law, with a primary focus on Void Agreements under the Indian Contract Act of 1872. It covers the idea, legal context, and effects of void agreements, as well as how to navigate legal challenges and current legislative modifications. This study attempts to give a nuanced knowledge of void agreements and their repercussions on contractual relationships by conducting a complete examination of literature, case studies, and comparative studies with international contract law. The introduction of the article provides a summary of the Indian Contracts Act of 1872, as well as the basic definitions and features of Contracts, Void Agreements, and so on. The study design focuses on providing a concise description of the research purpose, objectives, methodology, research questions, scope, and limits. The Review of Literature analyses and describes the various websites, articles, and blogs that were used in this research to delve into the various perspectives and aspects of the main topic. It includes the key contents of each website, as well as the possible conclusion and key findings. Beginning with a review of contract law in India, it dives into the fundamentals of valid contracts, types of contracts, and invalid agreements, illuminating their definition, features, and major legal clauses. This research provides practical insights into contract nullification, restitution, and the impact on concerned parties by thoroughly examining numerous grounds for voidability and conducting individual case analyses. Furthermore, it addresses legal issues related to void agreements and offers a comparison analysis with foreign contract law frameworks. This study intends to contribute to a more sophisticated understanding of void agreements and their implications in contractual partnerships by reviewing recent legislative revisions and making relevant proposals for future legal reforms. The conclusion highlights the research's primary results and ideas, as well as all of the subsections written throughout the study. The report concludes with some recommendations for future legislative revisions regarding void agreements based on the research findings. The last section, which includes the bibliography and references, gives a list of all sources cited throughout the work, using the relevant citation style requirements.

On the Enlightenment Movement: The Impact on Western Society and the Social Problems Brought by the Lack of Chinese Enlightenment

In his article "What is Enlightenment", Foucault once said, "By explaining it this way, people can discover a starting point for analysis, which is to describe people's so-called attitudes towards modernity.". The Enlightenment legitimized human rights, and with the Enlightenment as the boundary, humanity entered a stage of modernity. Modern human rights ideology was initially established, and Western social life underwent earth-shaking changes. It also impacted China as far away as the East, as the ideas of the Enlightenment formed the cornerstone of modern society and established the embryonic form of modern society. Although China has been affected by this, due to the lack of philosophical education, people only have a vague understanding of concepts such as human rights, democracy, freedom, and so on, without a profound understanding, which has led to some social problems in China being particularly prominent compared to the West. This article explores the issue of legalization in the Enlightenment by analyzing the ideological context before and after the Enlightenment, focusing specifically on human rights. It also attempts to categorize the concept of power during the Enlightenment period and explore several types of power in human society, discussing the impact of the Enlightenment from the above points. Afterward, this article attempts to analyze the impact of the Enlightenment on Western society, using the presence or absence of the Enlightenment as a variable. As a comparison, it analyzes some social problems in China caused by the lack of popularization of knowledge and philosophical education related to the Enlightenment.

Determination of Public Goals in Times of Volatility and Complexity

Purpose: The purpose of this text is to critically analyse the traditional approach to the formulation and application of legal rules, arguing that they are outdated and insufficient for addressing the complexities anddynamics of modern society and technology.Design/Methodology/Approach: Employing a qualitative research methodology, the paper adopts a case study approach, focused mainly on the practices of the legislature in determining public goals. The analysis identifies themes and patterns related to different practices regarding the determination of public goals and their impact on the legislature. The findings are discussed in relation to the theoretical framework established both in the literature review and this paper. The paper concludes with a summary of the findings, practical implications, and suggestions for future research.Findings and Practical Implications: Although technology nowadays plays a central role in human life, legislative public goals are still determined statically, reflecting a traditional Newtonian mechanistic perspective grounded in the principle of causality. Looking ahead, the paper speculates on potential scenarios. It suggests that the balance between nature, technology, law, and humanity requires careful management to ensure a harmonious but flexible co-existence. In the realm of complex legal issues, certainly can, to some extent, be maintained through an array of innovative methods. These include results- and procedure-oriented approaches to interactions between individuals and collectives, a legal system informed by feedback mechanisms and thresholds, the use of collective intelligence, the anticipation of adverse scenarios, and the implementation of adaptable norms. Such methodologies are intrinsically better equipped to navigate the unpredictability and complexity of modern legal challenges than traditional legalistic frameworks.Originality: The paper integrates insights from various disciplines, including law, system theory, and technology studies. This interdisciplinary approach offers a more comprehensive understanding of the intricate interplaybetween nature, technology, and law, a perspective often neglected in more narrowly focused studies. The originality of the paper lies in challenging existing forms of regulation and proposing new regulatory approaches grounded in the evolving nature of facts and associated rights and obligations of individuals and groups.

The newest human rights: binary approaches to their definition

While for medical professionals, a scientific breakthrough in medicine the like of the ability for transplantation, cloning, and the active implementation of reproductive technologies for addressing infertility is a reason for celebration, then, for legal professionals, it primarily serves as a basis for fruitful work. The issue of newest human rights belongs to the realm of global theoretical and legal issues that can no longer be ignored. Specific constitutional decisions regarding the fourth-generation human rights should be preceded by their scientific contemplation within the framework of legal theory. We believe that such scientific research should be comprehensive, and specific legal conclusions, due to the specific nature of the rights under research, may be supplemented by arguments of philosophical, medical, or religious nature. On the one hand, progress in science and technology positively impacts the realization of already enshrined human rights, opening up new opportunities for their enforcement, protection, and the creation of new areas for international cooperation in this field, opens up new human needs and opportunities, and on the other hand, quite unexpectedly, it can also have a negative impact, creating new threats to the realization of the interests of individuals, society, or the state. Ensuring and protecting the fourth-generation human rights are essential tasks for all national governments, human rights organizations, and the international community as a whole. We emphasize the need to improve the legal framework for ensuring all the newest human rights. The level of recognition and enforcement of such rights indicates the essence of the state and can serve as one of the criteria for recognizing it as a rule of law and democracy. We stress that the research of the fourth-generation human rights is important for several reasons, as they are inextricably linked to other human rights, such as the right to life, health, personal integrity, the right to safe living conditions, etc. Understanding the specifics of newest rights will help ensure the physical, emotional and informational security of a person, and secure their freedom of action based on respect for the personalities of others. The article distinguishes somatic rights, defining them as those that provide a person with additional opportunities in the field of health care. We emphasize that somatic rights should be viewed as an independent group of human rights that meets the interests and needs of modern person. We characterize them as personal subjective human rights, which realize the freedom of action of a person in relation to his or her body.

Philosophical views on education by Panteleimon Kulish: on the question of the essence and direction of education as a constitutional and legal category

Within the scope of this article, we consider the philosophical views of the outstanding Ukrainian writer and public figure Panteleimon Kulish regarding the essence and direction of education. The article is devoted to the study of the concept of education in the context of constitutional and legal aspects that determine the role of education in the formation of national identity and civil society. The work examines the main ideas highlighted by Panteleimon Kulish in his works and publications regarding the importance of education as a component of personality development and the formation of national consciousness. In particular, the article examines the philosophical aspects of the educational process, emphasizing the role of the Ukrainian language and culture in the educational environment. It is analyzed how Kulish’s views can be applied in the context of constitutional and legal issues related to education. In particular, it was established that the views of Panteleimon Kulish can be applied in the context of constitutional and legal issues related to education due to the following key aspects: — linguistic and cultural identity (emphasis on the native language and culture in the educational In particular, the views of the philosopher can be applied in the context of human rights to education, which includes the right to learn and use one’s own language in the educational process); — formation of civic consciousness (underscoring the importance of education in the formation of national identity and civic This, in particular, may cause the need for constitutional principles that guarantee access to education, its quality and the direction aimed at the development of civic self-awareness); — the right to accessible education (Kulish supported the idea of accessible education for all layers of His views can be integrated into the constitutional principles concerning the general right to education and its compliance with the principles of social justice); — the role of the family in education (the philosopher’s views on the role of the family in education can contribute to ensuring the development and approval of the institution of the family in the context of constitutional The latter can include the right of parents to raise children and responsibility for their education, etc.). The article opens new ways of understanding Kulish’s philosophy of education in the context of its role in social and constitutional development.