Legal Lens Research Articles

‘The Federal Republic of Nigeria vs. Sowore’: Will a Charge of Treason or Treasonable Felony Stand Against the Mastermind of #RevolutionNow? — A Legal Opinion

This article examines the recent arrest of the human right activist — Omoyele Sowore — following his desire to spark a “revolution” in Nigeria starting from August 5, 2019. He started the campaign for the said “revolution” and as a means of creating awareness, via the hashtag #RevolutionNow. Even though what was actually planned by Sowore remains controversial pre- the August 5 protest as to whether he meant a forceful takeover of government — which is what “revolution” ordinarily connotes — or a protest — which is allowed by law. However, what eventually transpired on August 5 was more of a “protest” as contemplated by most Nigerians. Still, the Nigeria government tries to define the intention of the main organizer — Sowore — in the complete sense of the word “revolution” (which he had used) as a forceful takeover of the government, and arrested Sowore days before the protest commencement (on August 2) via its State Security Services. **At the time of writing this article, Sowore is still in custody. As he was remanded by the State Services, arguments and debates ensued amongst Nigerians on whether Sowore could be charged and/or convicted of treason or treasonable felony. This article examines the facts of the incidences involved and answers (from the legal lens) in the negative. The possibility of a terrorism charge is also examined, albeit, briefly, and the chances of a conviction based on it is also unsustainable.

The Foreclosure Echo: How the Hardest Hit Have Been Left Out of the Economic Recovery (Introduction)

This paper includes the Table of Contents and Introduction to a book recently published by Cambridge University Press: It tells the story of the foreclosure crisis from a new perspective – that of ordinary people who experienced it. Using actual experiences – often examined through a legal lens – supplemented by economic, social science and legal research, The Foreclosure Echo explains how people experienced the crisis and how their lenders and public institutions let them down. The book also details the lingering effects of the crisis – such as vacant and abandoned buildings – and how these effects have magnified inequality. Finally, the book suggests reforms that could help avoid another crisis.

Legal solutions to medical problems: a rights-based approach as the way forward in the ownership and end-of-life contexts

Summary: This essay takes two contentious issues of contemporary society – end-of-life and ownership of bodily material and examines them through a legal lens. Relevance: In today’s litigation culture, the spheres of medicine and law increasingly overlap, sparking a need to leave the dichotomies behind and explore the symbiosis between these fields. Take Home Messages: On the basis of (1) consistency, (2) coherency and (3) control, it is argued that a rights terminology would helpfully organise the way we approach medical decision-making in these two contexts.

Naira Marley vs. Economic and Financial Crimes Commission: the Extent of Freedom of Expression in Nigeria, and the EFCC’s Inefficiencies—A Legal Opinion.

An anti-graft agency—EFCC—arrested an artist—Naira Marley—in Nigeria recently for his public support for internet fraud—a menace which Nigerians (especially internationally) are known for. He postulated reasons why defrauding westerners is justified, with some Nigerians even agreeing with him that the government’s corruption and failings of the youth as regards lack of employment is a contributory factor. Some thus thought his arrest flouts the artist’s freedom of expression, however, the anti-graft agency charged the artist with some cyber-crimes, thereby revoking the thoughts that the artist’s arrest was merely a flout of his right to freedom of expression. This article provides an opinion from the legal lens on the attitude of the artist and the anti-graft agency. It reasoned that yes, the artist’s right to freedom of expression was violated, that there is a difference between law and morality, and especially dismantling the anti-graft’s ludicrous 11 count charges, and tagging it as “any prosecutor’s nightmare”.

Sharing elements of effective practice to address earlier signs of family violence

This article explores how, as a society, we might be able to better respond to women and children experiencing family violence. Through the lens of reflective practice as a lawyer, researcher, service evaluator and personal experience this article shares elements of good and effective practice to address earlier the tell-tale signs of family violence and lead to improved responsiveness and client-centred practice. It is shaped not just through a legal lens but also through insights from other disciplines and first-hand experiences of how things need to, and could, improve based upon my recent empirical, evidence-based research.

An Alternative to Medical Assistance in Dying? The Legal Status of Voluntary Stopping Eating and Drinking (VSED)

Medical assistance in dying (MAiD) has received considerable attention from many in the field of bioethics. Philosophers, theologians, lawyers, and clinicians of all sorts have engaged with many challenging aspects of this issue. Public debate, public policy, and the law have been enhanced by the varied disciplinary analyses. With the legalization of MAiD in Canada, some attention is now being turned to issues that have historically been overshadowed by the debate about whether to permit MAiD. One such issue is voluntary stopping eating and drinking (VSED) as an alternative to MAiD. In this paper, I will apply a legal lens to the issue. An understanding of whether VSED is legal provides a foundation for ethical reflection on whether it ought to be permitted. Is it permitted for those who prefer VSED to MAiD? Is it permitted for those who do not qualify for MAiD under our current legislation – for those who do not have a grievous and irremediable medical condition, for mature minors, for individuals whose sole underlying medical condition is a mental disorder and who do not otherwise meet the eligibility criteria, and for individuals who have lost capacity but had completed an advance directive?

The prevalence, patterns, and correlates of gambling behaviours in men: An exploratory study from Goa, India.

There is a significant evidence gap on gambling in India, where gambling is viewed predominantly through the legal lens. The aim of this study is to determine the prevalence, patterns, and correlates of gambling. Cross-sectional data from the follow-up assessment in a cohort (n = 1514 men) from India. The following data were collected using a structured questionnaire: socio-demographic information, gambling, interpersonal violence, tobacco use, alcohol use disorders (AUD), common mental disorders, and suicidality. Logistic regression models were used to examine the correlates of gambling. 658 participants (45.4%) reported gambling in the past year, and lottery was the most frequent form of gambling (67.8%). Current gambling was correlated with rural residence (OR 1.42, CI 1.05-1.93, p = 0.02), work-related problems (OR 1.42, CI 1.03-1.96, p = 0.03), interpersonal violence (OR 3.45, CI 1.22-9.75, p = 0.02), tobacco use (OR 1.59, CI 1.16-2.19, p = 0.004), and AUD (OR 2.14, CI 1.35-3.41, p = 0.001). 724 (49.9%) participants reported gambling at least once in their lifetime. Lifetime gambling was correlated with work-related problems (OR 1.57, CI 1.14-2.17, p = 0.006), interpersonal violence (OR 4.03, CI 1.32-12.30 p = 0.02), tobacco use (OR 1.60, CI 1.16-2.20, p = 0.004), and AUD (OR 2.12, CI 1.33-3.40, p = 0.002). Age was significantly associated with playing lottery more frequently (OR 3.24, CI 1.34-7.84, p = 0.009) and tobacco use was significantly associated with playing matka more frequently (OR 1.69, CI 1.08-2.64, p = 0.02). The high prevalence of gambling and its association with social problems and risk factors for non-communicable diseases warrants further epidemiological research.

The Role of Information Sharing in Counter Piracy in the Horn of Africa Region: A Model for Transnational Criminal Enforcement Operations

Rates of piracy out of Somalia at their lowest in 6 years through a multi-pronged approach of nation building in Somalia, capacity building in other States in the region (such as Kenya, the Seychelles and Mauritius), target hardening, regional criminal prosecutions, and naval patrolling throughout the region. This process has been undertake by a veritable alphabet soup of groups and organisations, in addition to the various States which have taken part. While the short term success of these operations is unquestionable, the time it took for these measures to begin having an impact - and the reports and literature detailing these efforts - suggest that the interaction between parties involved in this process was dysfunctional for some time. This paper seeks to examine the way in which functional and effective information sharing regimes have contributed to the effectiveness of counter piracy measures.This contribution will focus upon the role of information sharing in combatting the quasi-transnational criminal offence of piracy. This issue will be examined through several discrete legal and operational lenses, and buttressed by the empirical data gathered by a range of analysts of Somali piracy (including the authors). The first lens will be reactive direct enforcement by naval patrols and regional prosecutors, utilising a case study approach. This analysis will indicate that without effective information sharing mechanisms in place, it would be nigh impossible to engage in this form of enforcement - an activity that is seen as crucial to redressing perceptions of pirate impunity in Somalia. The second lens employed will be the role of effective information sharing in pre-emptive direct enforcement planning and coordination. This analysis will focus on the utility of bespoke, informal, flexible mechanisms - such as then Contact Group on Piracy off the Coast of Somalia, and the SHADE coordination mechanism - as opposed to more inflexible formalised processes. This part of the analysis will also ask why the efficiency and levels of State ‘buy-in’ in respect of piracy off the coast of Somalia have been so different to a similarly informal, bespoke process (the PSI).The third lens to be considered is the role that information sharing has played in combatting piracy as an organised criminal enterprise rather than as isolated maritime offences. This will parse the difficulties that are faced by investigators in tracing ransom money back to the organised crime group leaders in such a way that will allow for prosecutions, as well as tracing various suppliers who make piracy attacks possible (such as arms traffickers). One conclusion that will emerge from this consideration is that the sharing of such piracy related financial and transactional information is at a far less mature stage than the sharing of operational information in relation to pirate incidents themselves. The analysis will pose some possible explanations for this. The final lens will address the way in which information sharing has led to effective nation building and capacity building within Somalia and the Horn of Africa region, and the way in which this has contributed to piracy suppression. It is perhaps a little recognised ‘spin-off’ of transnational arrangements related to piracy prosecutions - such as prison transfer laws and agreements - that information sharing for law enforcement and sentence recognition purposes can indeed pave the road for building broader piracy information sharing networks and capacities.

Editorial: It takes all of us to enforce the law

January 26, 2016, was a historic day. Nine years after the Caring Society and Asssembly of First Nations filed the case, the Canadian Human Rights Tribunal issued a landmark ruling that found Canada guilty of racial discrimination against First Nations children. Featuring interviews with the Caring Society's pro bono legal team, this short film explores the history and significance of the case through a legal lens. Thoughtful and engaging, the film is a must watch for legal professionals, educators, activists, and young people alike.

Los muros fronterizos. Una aproximación jurídica a la luz de los derechos humanos

The objective of this article is to analyze the complex problem of border walls. Specifically, it introduces a legal lens to the issue in order to determine whether these border walls could affect the exercise of individual human rights. With this purpose in mind, the phenomenon of border walls is examined from historical and political perspectives, concluding that since the fall of the Berlin wall and the advent of globalization, these physical barriers stand as a significant contradiction to a world that is supposedly freer and more open. It also purports to examine the general social contexts and justifications that explain why states resort to building walls on their borders. The article then addresses the constant tension between two considerations: on the one hand, the appeal to state sovereignty, and on the other, the human rights of the particular people and communities on the border lines. It emphasizes that state sovereignty must evolve in conjunction with the humanization of international law. Finally, the article discusses the two required elements to establish state responsibility in the context of border walls. For example, the commission of a wrongful act, such as the violation of the right to life or the right to physical integrity, constitutes a breach of an international obligation, which satisfies the first requirement to establish state responsibility. To fulfill the second requirement, the wrongful act must be attributed to the state, which is possible if the order for construction qualifies as a governmental act. That being said, a finding of state responsibility in this context per se is inevitably a case-specific analysis.

Enacting the 'Civilian Plus': International Humanitarian Actors and the Conceptualization of Distinction

The civilian-combatant frame persists as the main legal lens through which lawyers organize the relationships of conflict zone actors. As a result, little attention has been paid in international legal scholarship to different gradations of ‘civilianness’ and the ways in which some civilians might compete to distinguish themselves from each other. Drawing attention to international humanitarian actors—particularly those working for NGOs—this article explores the micro-strategies these actors engage in to negotiate their relative status in war. Original qualitative empirical findings from South Sudan illuminate the way in which humanitarians struggle over distinction with individuals working for the UN peacekeeping mission, UNMISS. As is shown, humanitarian actors are doing away with a static civilian-combatant binary in their daily practice. A more fluid logic informs both their self-conceptualization and their interactions with others who share the operational space. Humanitarian actors envision civilianness as a contingent concept, and they operate according to a continuum along which everything is a matter of degree and subtle gradation. As civilianness is detached from the civilian, any given actor might acquire or shed civilian-like, or combatant-like, characteristics at any moment. The distinction practices that humanitarian actors enact can be understood as a bid for legibility, so that they might be rendered intelligible in international law and in the eyes of other actors as a special kind of civilian—the ‘civilian plus’.

The Current Status of Cultural Genocide Under International Law

This writing analyzes the current state of cultural genocide under international law. It juxtaposes the original legal definition of cultural genocide proposed (and rejected) in the 1948 Genocide Convention against the ways that international law treats cultural genocide today. The goal is to consider examples of the different ways that international law now handles cultural genocide in order to compare them to the original conception. To that end, the concept is analyzed in several settings where international law is developed and applied, such as international criminal tribunals, human rights bodies, domestic courts, and UN organs. After a brief review of historical antecedents, acts of cultural destruction that prima facie would meet the original definition are considered through various alternative legal lenses – as descriptive and evidentiary matters, as human rights violations, and as other types of international crimes (notably, war crimes and crimes against humanity). It concludes that, despite some progress, considerable gaps remain. The international community therefore should continue to work toward an international instrument that addresses the true criminality inherent in cultural genocide.

Dante Fedele, Naissance de la diplomatie moderne (XIIIe-XVIIe siècles). L’ambassadeur au croisement du droit, de l’éthique et de la politique

This volume is the final form of the Doctoral thesis of Dante Fedele (Research Fellow, KULeuven), written in French under the supervision of Michel Senellart and defended at the Ecole Normale Supérieure in Lyon in 2014. Fedele has accomplished an impressive synthesis of literature on diplomacy, stretching from the Middle Ages to Louis XIV. Contextual approaches are currently on the rise.1 However, the present work is both a relativisation and a defense of doctrine as the dominant language of diplomacy.2 The juxtaposition of ethical, political and legal lenses offers novel insights. The introduction clearly states that doctrine is not studied as an autonomous system of thought, but within a dialectical approach. Firstly, the diplomatic process is seen as a ‘reflexive practice’ (p. 28), a constantly evolving dialogue with concepts borrowed from previously elaborated types of knowledge. Secondly, de lege ferenda diplomatic theory is not ‘fictitious’, but an ‘operating’ fiction, a term borrowed from Pierre Bourdieu (p. 30).

Health as a Means Towards Profitable Ends: mHealth Apps, User Autonomy, and Unfair Commercial Practices

In this article, we discuss mHealth apps and their potential to influence the user’s behaviour in increasingly persuasive ways. More specifically, we call attention to the fact that mHealth apps often seek to not only influence the health behaviour of users but also their economic behaviour by merging health and commercial content in ways that are hard to detect. We argue that (1) such merging of health and commercial content raises specific questions concerning the autonomy of mHealth app users, and (2) consumer law offers a promising legal lens to address questions concerning user protection in this context. Based on an empirically informed ethical analysis of autonomy, we develop a fine-grained framework that incorporates three different requirements for autonomy that we call “independence,” “authenticity,” and “options.” This framework also differentiates between three different stages of mHealth app use, namely installing, starting to use, and continuing to use an app. As a result, user autonomy can be analysed in a nuanced and precise manner. Since the concept of autonomy plays a prominent, yet poorly understood role in unfair commercial practice law, we utilize the ethical analysis of autonomy to guide our legal analysis of the proper application of unfair commercial practice law in the mHealth app domain.

Psychiatric Malpractice in Jewish Law

Abstract Psychiatric malpractice is an important and increasing phenomenon in the medical world, and although the frequency of litigation is low, the importance of addressing the liability of negligent psychiatrists is not. This work provides a comprehensive analysis of the different categories of psychiatric malpractice namely intentional torts, sexual exploitation, suicide, violent patients, breach of confidentiality, and somatic therapies from an American legal perspective including major civil court cases pertaining to these different categories. Each of these different categories are then viewed through a Jewish legal lens utilizing sources from the Torah, Tosefta, Talmud, Codes, Rishonim, Ahronim, and contemporary responsa to investigate the liability of a negligent psychiatrist from a halakhic perspective.

Dose distribution in the region of the eye lens for interventionalists

In 2011, the International Commission on Radiological Protection reduced the occupational eye lens dose limit from 150 mSv to 20 mSv per annum, averaged over a defined period of 5 years. Transposition into Irish legislation by February 2018 of Council Directive 2013/59/Euratom on Basic Safety Standards will see this become the revised legal occupational eye lens dose limit. This has significant implications for Interventional Radiology and Cardiology where staff doses can be particularly high. The aim of the study is to investigate the dose distribution across the eyes of operators performing fluoroscopy guided procedures in a dedicated IR room, equipped with a Siemens Axiom Artis dTa C-arm system with flat-panel detector. There is a ceiling-suspended lead glass shield, which is typically interposed between the detector and the operator. Measurements will be carried out with the CIRS ATOM model 702 adult female. This phantom is sectioned and drilled to accept TLDs, and there are two TLD holes in each eye. The dose will be measured during simulation using calibrated Harshaw TLD-100H dosimeters placed within the cavities and on the lens of each eye of the phantom, and on the inner and outer surface of the lens and frame of lead glasses worn by the phantom. Eye-D dosimeters (Landauer Nordic, Sweden) will also be used, to allow comparison with Hp(3). The study will evaluate several models of lead glasses, inform the optimum position of an eye dosimeter, and establish the relationship between the dose measured at that point and the eye lens dose.

Viewing Health Equity through a Legal Lens: Title VI of the 1964 Civil Rights Act.

Enacted as part of the watershed Civil Rights Act of 1964, Title VI prohibits discrimination by federally assisted entities on the basis of race, color, or national origin. Indeed, the law is as broad as federal funding across the full range of programs and services that affect health. Over the years, governmental enforcement efforts have waxed and waned, and private litigants have confronted barriers to directly invoking its protections. But Title VI endures as the formal mechanism by which the nation rejects discrimination within federally funded programs and services. Enforcement efforts confront problems of proof, remedies whose effectiveness may be blunted by underlying residential segregation patterns, and a judiciary closed to legal challenges focusing on discriminatory impact rather than intentional discrimination. But Title VI enforcement has experienced a resurgence, with strategies that seek to use the law as a basic compliance tool across the range of federally assisted programs. This resurgence reflects an enduring commitment to more equitable outcomes in federally funded programs that bear directly on community health, and it stands as a testament to the vital importance of a legal framework designed to move the nation toward greater health equity.

Protection of the African Lion: A Critical Analysis of the Current International Legal Regime

This article looks at the current international regime that pertains to the African lion, a species that needs adequate protection across its range (a range that does not adhere to state boundaries). This analysis comes at a time when threats such as habitat and prey loss, retaliatory killing, trophy hunting and trade, are all impacting the remaining populations of African lions. The species is in danger of rapid population decline and possible extinction in the near future. Two decades ago there was an abundance of African lions, roughly 100 000, on the continent. But at present there are less than 32 000, while some believe there to be as little as 15 000 left. This decline is mainly due to the threats noted above. African lions are currently listed as "vulnerable" on the International Union for Conservation of Nature Red List of Threatened Species. This listing is being contested by commentators who believe that the species now requires an "endangered" status. African lion populations, and the threats to the species, extend across state boundaries. Therefore, international law is of particular importance in providing conservation and protection measures to the species. Creating conservation obligations at a global level allows for more uniform action, implementation and enforcement of legislation at regional and local levels. Therefore this article looks at each threat to African lion populations in detail and then assesses the international legal regime pertaining to each of these threats, and whether that regime is adequate. The Convention on Biological Diversity, Convention on the Conservation of Migratory Species, Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Convention on Wetlands of International Importance are but some of the international instruments that are analysed. This article outlines the arguments that the international legal framework is not acceptable for the protection of the species, and addresses both the positive and negative aspects of this regime. It is found that the international legal regime for the African lion is in fact not effective in achieving the protection and survival of the species. Some changes are recommended, and the best way forward through an international legal lens is outlined. The security and viability of the African lion is uncertain, and legal protection of the species needs to be clear to start ensuring their survival in the future. With the increase in threats to the species and African lions already regionally endangered in some parts of Africa, it is obvious that some legal changes need to be made to ensure greater protection of the African lion at an international level.
 

Ten Fundamental Legal Terms and Concepts That Are Useful in Understanding Laboratory Animal Law Across Nations.

Almost all researchers, veterinarians, technicians, and students who work with laboratory animals are familiar with the laws, regulations, and policies governing the use of animals in their jurisdictions. This knowledge can be learned in an academic setting, but is often gained by "on the job" training conducted by facilities and institutions where these professionals work. In addition, these laws and regulations exist along a continuum; some countries have detailed and expansive animal law regimes, while others have few, if any laws. Accordingly, those who carry out research involving animals know local laws and regulations, but might not be aware of the laws, regulations, and policies of other jurisdictions.As scientific research becomes increasingly globalized, there is a growing need to gain an understanding of the laws and regulations of other countries. This article seeks to help bridge this gap in knowledge by defining 10 fundamental legal terms and concepts that are important in understanding the similarities and differences among the legal traditions of different nations and international agreements that impact laboratory animal research. The article focuses on Western law terms and concepts, because many laboratory animal statutes that have been enacted in these countries and international treaties and protocols can be viewed through a Western legal lens.

Special issue: legal geography/ies

Special issue: legal geography/ies