Legal Name Research Articles

한국과 일본의 중앙지방협력회의법의 비교연구

The National-Local Cooperation Council Act is the “Act on the Composition and Operation between the National and Local Government Cooperation Council (hereinafter referred to as the National-Local Cooperation Council” in Korea, and the “Act on Place of consultation between National and Local Government” in Japan. The purpose of enacting the National-Local Government Cooperation Council Act in Korea is to determine matters necessary for the composition and operation between the National and Local Government Cooperation Council, which is established to strengthen communication and cooperation between the state and local governments and to deliberate on important policies related to balanced development between local autonomy and regions. The purpose of enacting the Act on the Place of Japanese Consultation is to promote effective and efficient national and local government policies in consultation with relevant ministers and local representatives on the planning, formulation and implementation of national policies affecting local autonomy. The venue for consultation in Japanese law means a place of opportunity for the state (National government) and provinces to exchange opinions on an equal footing, that is, a “place of joint decision” through mutual consultation (meeting), and does not refer to a specific administrative agency. Korea's National and Local Government Cooperation Council is used in the same sense as the venue for Japan's consultation. Comparing the purpose of enacting the two laws, Japan, as the legal name implies, focuses on the meaning that the National and Local governments consult to effectively and efficiently promote specific policies, while Korea includes balanced regional development beyond the scope of discussing other policies, including the purpose of Japan's enactment. It can be said that the purpose of enacting the law is much wider and more diverse. Although Korea and Japan have slightly different legal names, this study aims to analyze the pros and cons of the National and Local Government Cooperation Council Act, which has similar legislative objectives and contents, and derive suggestions for Korean law.

Gateway to Dignity: Legal Name Changes for Transgender People in the United States

ABSTRACT Since the 1960s, trans people in the United States have been petitioning courts for name changes and sex marker corrections. If, under English common law everyone has the right to change their name at will without legal procedure by simply adopting a new name, why do trans people bother to change their names through formal legal procedures? This article investigates that question through interviews with trans people around the United States who had legally changed their name as well as lawyers and advocates who assisted trans people in this process, many of whom were trans-identified. Participants reported that without a legal name change, trans people face regular challenges to their dignity. Therefore, I argue that legal name changes are a gateway to dignity by assisting trans people with establishing self-worth and facilitating respectful interactions. While participants stressed that everyone should be entitled to have their chosen name respected, when that dignity is not extended, law can be a powerful tool. Court orders reflecting a name change communicate with the force of law what is the correct name for a person.

Design and pilot evaluation of a brief intervention to reduce transphobia and improve attitudes of government officials to address legal gender affirmation needs of transgender people in Peru

ABSTRACT Legal gender affirmation – legal name and gender marker change – is an important health-promoting health determinant for transgender people. In Peru, the state's failure to universally recognize transgender people’s legal identity limits standardized legal affirmation procedures, including the paucity of government officials trained in gender affirmation strategies. This project, in partnership with Registro Nacional de Identificación y Estado Civil (RENIEC) and transgender communities, designed and piloted a group-based intervention to sensitize government officers to the importance of gender-concordant identity documents. Between August 2017 and February 2018, three in-person group intervention sessions were held (each 3–4 hours) with 51 government officers. Guided by Gender Affirmation and Structural Violence Frameworks, the intervention utilized Adult Learning Theory and applied storytelling and testimonials as pedagogy. Pre-/post-test surveys were administered (19 true/false items, summed to create an index score measuring knowledge and attitudes toward transgender people). Within-person changes in pre-/post-intervention scores were evaluated using paired t-tests. Pre-/post-test data were available for 41 participants. After the intervention, there were improvements in knowledge and more favorable attitudes toward transgender people (pre-test mean = 14.09, SD = 2.33 vs. post-test mean = 15.62, SD = 1.82; difference = 1.53, 95% CL = 0.60, 2.67; t-test = 3.30 [df = 46]; p = 0.002). The intervention was feasible to conduct and garnered high acceptability. The results suggest the promise of this brief intervention for future research and testing before potential later implementation and scale-up to increase the capacity of government officers to address legal gender affirmation for transgender people in Peru.

Assessing Comparators of the Trademarks before Confusion for Establishing Unfair Competition through the Social Network – Georgian Perspective

The Article aims to assess regulation of unfair competition through the social network in relation to the trademark by relevant Georgian and international legislation in force. In particular, the Article through comparative analyses describes distinctive matters in the practice of the Georgian National Competition Agency with contrast to best international practice, including case law of EU member states. The Article discuss false and inappropriate advertising using communication means regarding registered trademark and use of internet domain in the context of classifying unfair competition. Besides challenging issues mentioned above, the Article distributes comprehensive study on distinguishing “legal name" and "commercial name” of trademarks before confusion when using for advertising purposes. Accordingly, the Article examines rule of necessity of the cumulative presence of three established (visual, phonetic and semantic) comparators for determination of confusion between trademarks through the prism of unfair competion legislation.

Estimate and needs of the transgender adult population: the SPoT study

BackgroundDespite the increasing interest in transgender health research, to date little is known about the size of the transgender and gender diverse (TGD) population.MethodsA web-based questionnaire survey was developed, including a collection of socio-demographic characteristics and disseminated online through social media. Gender incongruence was evaluated by using a 2-item approach assessing gender recorded at birth and gender identity. The primary objective of the present population-based study was to estimate the proportion of TGD people across ages among a large sample of people who answered a web-based survey. The secondary endpoints were to identify gender-affirming needs and possible barriers to healthcare access.ResultsA total of 19,572 individuals participated in the survey, of whom 7.7% reported a gender identity different from the sex recorded at birth. A significantly higher proportion of TGD people was observed in the youngest group of participants compared with older ones. Among TGD people who participated in the study, 58.4% were nonbinary, and 49.1% experienced discrimination in accessing health care services. Nonbinary TGD participants reported both the need for legal name and gender change, along with hormonal and surgical interventions less frequently compared to binary persons.ConclusionsBeing TGD is not a marginal condition In Italy. A large proportion of TGD persons may not need medical and surgical treatments. TGD people often experience barriers to healthcare access relating to gender identity.

OpenOrgs

Building a connected open scholarly communication system requires unambiguously identifying research-related entities. It is not a simple task: for example, the same organization can have a range of names (eg. legal name, a shortened version, an abbreviation, in national language or in English), as well as varied metadata in other sources. Additionally, persistent IDs might not be helpful when several data sources (eg. ROR, ISNI, EC PIC) utilize various PID schemas to identify organizations. Due to this ambiguity, there are efficiency issues with information sharing, discoverability of research outputs, keeping track of activities, and ultimately building an integrated open scholarly communication system and OS services (Artini et al., 2022).A new tool called OpenOrgs was developed to address this old issue: the disambiguation of organizations engaged in the research process (Pavone, 2021) as well as the parentchild relationships between departments and organizations. OpenOrgs tackles the ambiguity in the data that OpenAIRE collects from several research organization registries (eg. ROR), as well as other sources including institutional repositories, scientific journals, and CRIS systems, and aggregates them to populate the OpenAIRE Graph (OpenAIRE Graph, n.d.). To make up for the lack of information and increase the organization's discoverability and recognition, OpenOrgs combines automated processes with human curation. Numerous data sources are used to gather and merge information on organizations. Their metadata are automatically compared and combined, then these suggested identities are manually checked by data curators assigned at a national or multi-national level.These two steps work as follows:1. The deduplication algorithm (De Bonis, 2022) suggests a similarity between organizations that emerge in various sources by comparing their metadata (eg. the organization name, URL, country).2. The automatic procedure is then verified by a manual curation process. By indicating whether two or more entities pertain to the same organization or not, data curators can clear up any ambiguity surrounding duplicates detected using the automated approach. Furthermore, they can themselves suggest new duplicates unidentified by the algorithm and make up for the information shortage by editing metadata description of the organization, compensating the lack of information from sources and enhancing the organization records' completeness and discoverability, for example by adding a persistent identifier, an alternative name (OpenAIRE, 2023), or establishing parent- child relationships (eg. university and departments). As of now, there are more than 70 registered data curators from over 40 countries, with more than 100,000 curated organizations.OpenOrgs offers a number of advantages for researchers, Research Performing Organizations (RPOs), Research Funding Organizations (RFOs), and all other stakeholders of Open Science services. It improves the findability of digital objects for academics and provides RPOs with a consistent showcase of the overall scientific production. It offers RFOs consistent data on the impact of resources. Finally, OpenOrgs offers functional and up-to-date services to all parties involved in Open Science.In the OpenAIRE ecosystem, OpenOrgs plays an important role. For example, OpenAIRE Explore displays the curated metadata from OpenOrgs, giving researchers quick and easy access to details about the organizations involved in the research process (OpenAIRE EXPLORE, n.d.). These data are also used by the OpenAIRE Monitor service, which tracks and monitors research activities and Open Science trends of organizations (OpenAIRE MONITOR, n.d.). This integration improves these organizations’ discoverability and recognition even more, fostering a more open and cooperative research environment. Therefore, rather than just a tool, OpenOrgs is a game-changer for the research community, and we believe it will contribute positively to build and maintain an integrated open scholarly communication system in the years to come.

Smoothies Marketed in Spain: Are They Complying with Labeling Legislation?

There is no legal definition of a smoothie, so the European legislation applicable to its labeling is that of fruit juice. The smoothie market has grown in recent years, as it can include a wide variety of ingredients: fruits, fruit purees, honey, milk and vegetable milks, vegetables, herbs, cereals, cereal flours, seaweed, and crushed ice. In this study, 57 smoothies were reviewed. All of them were purchased in supermarkets and classified into eight types according to the main ingredients. Fifteen legal statements/items were reviewed on the pack labels: eleven mandatory and three optional. Moreover, nutrition labels, nutritional claims, images, marks, and other symbols were also reviewed. Only 22.8% of the samples complied with EU and Spanish labeling legislation. More incorrectness was related to the name of the food and the fruits included as main ingredients; other errors related to the allergy/intolerance statements, and some nutritional claims concerning vitamin C were also detected to a lesser extent. General advice is provided for consumers to interpret smoothie labels correctly. Lawmakers should amend legislation to accept the term "smoothie" as a legal name.

Legal Entity Extraction: An Experimental Study of NER Approach for Legal Documents

In legal domain Name Entity Recognition serves as the basis for subsequent stages of legal artificial intelligence. In this paper, the authors have developed a dataset for training Name Entity Recognition (NER) in the Indian legal domain. As a first step of the research methodology study is done to identify and establish more legal entities than commonly used named entities such as person, organization, location, and so on. The annotators can make use of these entities to annotate different types of legal documents. Variety of text annotation tools are in existence finding the best one is a difficult task, so authors have experimented with various tools before settling on the best one for this research work. The resulting annotations from unstructured text can be stored into a JavaScript Object Notation (JSON) format which improves data readability and manipulation simple. After annotation, the resulting dataset contains approximately 30 documents and approximately 5000 sentences. This data further used to train a spacy pre-trained pipeline to predict accurate legal name entities. The accuracy of legal names can be increased further if the pre-trained models are fine-tuned using legal texts.

Ugrožavanje sigurnosti i ugrožavanje bezbjednosti u kaznenom pravu Republike Srpske - sličnosti i razlike

In the positive legal system of the Republic of Srpska, endangering to safety and endangering to security are regulated as two different criminal offenses, in such a way that endangering safety is prescribed as a criminal offense against the freedoms and rights of citizens, while endangering to security (threat of an attack on life, body or property) is prescribed as misdemeanor against public order and peace. The paper will analyze both of these criminal acts, with the aim of highlighting the similarities and differences between them and possibly, after that analysis, determining whether there is still a need for both acts, prescribed in this way, to exist in positive legal system. The author proposes de lege ferenda to correct the legal description and name of the misdemeanor endangering security by threatening to attack life, body or property in such a way that this misdemeanor only bears the name of threat and that the legal description expressly states that the place of execution is a public place or prescribe as consequence a violation of public order and peace or to decriminalize this misdemeanor because everything that this offense currently provides protection for is already sufficiently and adequately protected by the criminal offense of endangering safety.

Ten Seconds to Implosion: The Magna Carta Lawful Rebellion

The Magna Carta Lawful Rebellion [MCLR] is an example of a “legal cult,” a social group organized around key guru leaders who obtain their elevated status and hold followers via alleged special knowledge of law. The MCLR’s two gurus, David Robinson and Jacquie Phoenix (legal name Jacqueline Robinson), claimed the true binding law for residents of the Commonwealth is a hidden secret law, called “pseudolaw.” Pseudolaw is a highly conserved set of false legal concepts nested in a conspiratorial narrative. Pseudolaw originated in the US, but post-2000 has spread world-wide. The MCLR pseudolaw variant is that the 1215 Magna Carta remains in effect and operates as a supraconstitutional authority. Robinson and Phoenix claim that individuals may defeat conventional legal and state authority by swearing an oath of allegiance to Lord Craigmyle of Invernesshire, a “New Rebel Baron.” Special paperwork then permits extraordinary authority, including the right to execute government authorities and other enemies. However, MCLR adherents instead employed these concepts in petty domestic circumstances, and without any success. The MCLR’s leadership and adherent population appear similar: low-income, uneducated, and marginal persons with conspiratorial anti-authority beliefs. This “cult of peers” largely operates online. The MCLR was a minor and comparatively unsuccessful branch of UK pseudolaw culture until 2019, when Phoenix attracted numerous followers, and led a “Redress” movement that promised defeat of New World Order oppressors via execution of “traitors and quislings.” The 2021 failure of the “Redress” effort now threatens Phoenix’s status, and the long-term viability of the MCLR and its concepts.

언론제보와 공익신고

As can be seen from the legal name, the Public Interest Whistleblower Protection Act is mainly aimed at protecting those who report so-called acts detrimental to the public interest. Whistleblowers are considered righteous in that they have prevented various losses that can be caused by acts detrimental to the public interest and improved the soundness of our society. However, it can be said that there is a high possibility of being branded as a traitor to the organization and exposed to various disadvantageous measures. If you look at the contents of the Public Interest Whistleblower Protection Act, you can see that the requirements for being recognized as a Whistleblower are quite strict and difficult, so there may be cases where legal protection is not possible. In other words,, a blind spot for the protection of whistleblowers is created. It can be said that the representative case is the case of reporting to a media organization. However, in the case of media reports, it would not be reasonable to exclude media institutions from the subject of protection on the grounds that they are not legal whistleblowing disclosure agencies. It should not be forgotten that major whistleblowing disclosures, which have had huge social repercussions so far, have been made in the form of media reports. In the future, the possibility of whistleblowing disclosure through media reports will never be small. Therefore, it is necessary to find a way to protect media reporters as whistleblowers. It can be said that the ultimate solution to strengthen the protection of media reporters is to designate media institutions as whistleblowing disclosure agencies. Considering the problems that may arise if a media institution is hastily designated as a whistleblowing disclosure agency, it is desirable to include media reporters in the scope of protection of whistleblowers on the premise of adding requirements such as urgency, supplementation, necessity, importance, and integrity.

A Report of the National Transgender Discrimination Survey in Kenya (NTDS)-A Baseline Study of Transgender Persons in Kenya: Life experiences and Access to Health Services

The study contained the underpinnings on protection issues against violence and discrimination. The theme of this report deconstructs how discriminatory laws and sociocultural norms continue to marginalize and exclude intersex and gender-diverse persons. The report established that they are excluded from education, healthcare, housing, employment and occupation and other sectors giving rise to a host of other problems in a context where access to economic, social and cultural rights is hampered resulting in poverty and exclusion. They have a lower social-economic status due to the limiting access to assets that are essential to enjoy the full range of human rights. A glance at these issues quickly affirms the intersectionality of all human rights grounded in the firm commitment of leaving no one behind under the 2030 agenda for Sustainable Development Goals. This report offers a window opportunity through which to gauge the character and scale of anti- discrimination data and the linkage with root causes, dialogue, consultation and cooperation with state and non-state actors, including implementation of international instruments, with identification of good practices and gaps. National and county governments have a fundamental responsibility to respect, protect and promote the human rights of transgender people in Kenya by taking action to ensure timely access to appropriate primary health care in public-funded health programs. There is need of development of guidelines on achieving universal access to acceptable, competent, appropriate, and affordable care. Moreover, there is the need of taking action to ensure laws, policies, programmes and procedures do not discriminate against transgender people through an effective and accessible legal and services framework. In addition, there is the need of taking action to allow individuals change their legal name and gender, including the gender markers on official documents, put in place quick, accessible and transparent procedures aimed at providing transgender people with official national documents. There is the need of taking action to ensure equal protection under the law, adopting positive legislative, judicial, administrative, educative, and other appropriate measures to protect these rights. Also, it is recommended there is the need to ensure freedom from cruel, inhumane and degrading treatment of transgender people. Keywords: Transgender Persons, Life experiences, Access to Health Services, Kenya

Beatriz Allende: A Revolutionary Life in Cold War Latin America

Beatriz Allende: A Revolutionary Life in Cold War Latin America

Toward a Trans* Masculine Genealogy in South America

Toward a Trans* Masculine Genealogy in South America

N-Trans: Parallel Detection Algorithm for DGA Domain Names

Domain name generation algorithms are widely used in malware, such as botnet binaries, to generate large sequences of domain names of which some are registered by cybercriminals. Accurate detection of malicious domains can effectively defend against cyber attacks. The detection of such malicious domain names by the use of traditional machine learning algorithms has been explored by many researchers, but still is not perfect. To further improve on this, we propose a novel parallel detection model named N-Trans that is based on the N-gram algorithm with the Transformer model. First, we add flag bits to the first and last positions of the domain name for the parallel combination of the N-gram algorithm and Transformer framework to detect a domain name. The model can effectively extract the letter combination features and capture the position features of letters in the domain name. It can capture features such as the first and last letters in the domain name and the position relationship between letters. In addition, it can accurately distinguish between legitimate and malicious domain names. In the experiment, the dataset is the legal domain name of Alexa and the malicious domain name collected by the 360 Security Lab. The experimental results show that the parallel detection model based on N-gram and Transformer achieves 96.97% accuracy for DGA malicious domain name detection. It can effectively and accurately identify malicious domain names and outperforms the mainstream malicious domain name detection algorithms.

Legal gender recognition in times of change at the European Court of Human Rights

The COVID-19 pandemic has made the role of identity papers for the enjoyment of human rights once more obvious. It is thus a suitable moment to analyse the current implementation of the right to change the gender and/or name on official documents and civil registries in Europe. This article specifically examines the jurisprudence on the right to gender recognition of the European Court of Human Rights. It concludes that the Court is moving towards recognising the right to change one’s legal gender and/or name on an unconditional basis, and that it will need to deliberate on the right to be free from any state-imposed gender label in the future.

The Passionate Fallacy

The Passionate Fallacy

Jak Češi a Slováci poznávali osobnost Nikoly Velimiroviće (sv. Nikolaje Srbského)

The present article brings a brief overview of the main moments in learning about the life and work of St. Nicholai of Serbia, Bishop of Ohrid and Žiča (legal name dr. Nikola Velimirović) in Czechian and Slovakian context. This paper is conceived as an introduction to the attached Selected Bibliography of Nicholai Velimirovich (St. Nicholai of Serbia) in Czech and Slovak languages (1912–2018) (cf. below, pp. 311–318), based on the manuscript database of the Slavic Institute of the Academy of Sciences of the Czech Republic in Prague and the author’s reception. It is not an exhaustive elaboration of a rather extensive issue, but preferably the first outline monitoring the Czech and Slovak interest in the multilateral activities of a prominent Serbian Orthodox thinker, writer, dignitary, and saint. Czech journalism and science have paid attention to Velimirovich since the second decade of the 20th century (Milan Marjanović, Aleksandar Arnautović, Josef Karásek, Eugen Stoklas, Josef Fiala, Tomáš Garrigue Masaryk, Otakar Vočadlo, Dragutin Prohaska, Ludvík Kuba, Otakar Kolman, Marek Malík; series minor anonymous notes). Velimirovich’s works were translated to a lesser extent in the Czech Republic (František Sedláček, Václav Ešner, Jovan Kršić, Marek Malík, Anastasia Dürrová). In recent years, a short monograph on Nicholai Velimirovich [Nikolaj Velimirovič, Nový Zlatoústy (1880–1956) (2003)] by Ján Zozuľak has been published in Slovakia, and a Slovak translation of his monumental Prologue of Ohrid (2015, 2018; translated by Peter Soroka) was published twice in a row. His lecture St. Jan Hus (1920, 2003) was published twice in Czech translation. The identity of the translator “Dr. M. Č.” has been unclear for a long time; the author of this article believes that the translator was Czech Orthodox activist JUDr. Miloš Červinka (1863–1936), associated with the controversial, later deposed Archishop Savvatij (Savvatij [Antonín Jindřich] Vrabec, 1880–1959), who was replaced by Bishop Gorazd (Pavlík, 1879–1942).

What’s in a “Username”? The Effect of Perceived Anonymity on Herding in Crowdfunding

This research investigates whether and how predecessors’ usernames—as evaluated from a perspective of perceived anonymity—affect successors’ herding momentum through the varying extent of perceived source credibility. Using a unique data set collected from a leading debt-based crowdfunding platform, we classify lenders’ usernames as either anonymous or real-seeming, with the latter referring to usernames that seem to reveal one’s legal name. We find that successors demonstrate weaker herding momentum toward predecessors who are presented with real-seeming usernames than anonymous ones. This finding, which we attribute to a lower extent of perceived credibility resulting from a nonconforming behavior, challenges the conventional wisdom that considers anonymity a negative factor for source credibility. Further, we demonstrate the importance of risk-related factors, in that the uncovered positive effect of perceived anonymity on herding is accentuated in the early stage of the fundraising period. Our findings provide actionable insights for platform owners to utilize the user heterogeneity with respect to perceived anonymity and hence perceived credibility in herding. These findings are also informative for borrowers who desire to exert effort to encourage participation from the crowd.

“X” marks the transgressive gender: A qualitative exploration of legal gender-affirmation

Purpose: Gender affirmation for transgender, non-binary, and/or gender diverse (“trans”) persons can include legal name and/or gender marker changes. Gender marker choice has become more com plex with increasing availability of a gender-neutral “X” marker. Yet, little research has characterized trans persons’ perspectives on legal gender affirmation, and its mental health impacts.Methods: Here we present qualitative research exploring trans individuals’ goals for and barriers from seeking gender-affirming legal care and perspectives on the “X” gender marker. We conducted one-hour semi-structured interviews with 54 trans persons in the U.S. and Canada.Results: Almost all participants were interested in legal name (had: 54%, want: 33%) and gender marker (had: 46%, want: 46%) changes. Most common barriers included: logistics, fearing violence/discrimination, cost, and legality; 24% reported only updating some identification documents. While some sought an “X” gender marker (had: 11%, want: 19%), 32% considered the “X” harmful, fearing lack of compatibility with other documents and increasing risk of gender-based violence/discrimination. Most reported anxiety and isolation from concerns over mismatched or inaccurate identification documents.Conclusions: This work offers insight into how legal gender affirmation influences mental health for trans persons, highlighting the importance of mental health providers exploring legal gender affirmation when treating members of the trans community.