Legal Researchers Research Articles

A conjunctural analysis of the origins of ‘embedded ELSI’ in U.S. genomic medicine

ABSTRACT Calls to identify, explore, and address ethical and social issues as part of the design and implementation of scientific research are now widespread. One way of doing so is through an embedded approach, where ethical, legal, and social implications (ELSI) researchers are situated within larger scientific research studies. We trace the emergence of the ‘embedded ELSI’ approach to integration alongside the development of genomic medicine. In particular, we conduct a conjunctural analysis that draws attention to contests and struggles over the forms and meanings of good science – in this case, genomics – and the role(s) of ELSI scholars and researchers in producing good science. We demonstrate that the embedded ELSI approach emerged from these contests, which left ELSI research and interventions constrained – institutionally, topically, and methodologically. We end by calling for an opening up of embedded approaches to integration so that they might better meet calls for justice and equity in the present conjuncture.

Extraordinary parliamentary elections in Ukraine during martial law

The article is devoted to the little-studied issue in Ukraine of the legislative ban on extraordinary, or early, parliamentary elections during the period of the special legal regime of martial law. The subject of the study is such a type of early parliamentary elections as interim elections of people’s deputies. The relevance of the researched issue is determined by the ongoing martial law regime in Ukraine and the legislative ban on holding any elections, the necessity of which arises during this martial law. It is noted that the difference between ordinary and extraordinary parliamentary elections in the conditions of this martial law is that the ban on holding ordinary parliamentary elections leaves the country with a valid parliament, and the ban on holding extraordinary parliamentary elections deprives the country of a valid parliament. In order to investigate the legality of the application of this ban to the interim elections of people’s deputies, the following was analyzed: first, the legislative justification of the state election management body in Ukraine regarding the non-appointment and non-holding of these interim parliamentary elections during this martial law, using the example of the latest case from December 13, 2023; and secondly, the publications of Ukrainian scientists regarding these interim parliamentary elections in the conditions of this martial law. It was found out, firstly, that this ban is not a norm of the Constitution of Ukraine neither for scientists nor for the state election management body, and secondly, that this ban does not have an indisputable link of consistency with the Constitution of Ukraine: some legal researchers claim , that this ban corresponds to Article 64 of the Constitution of Ukraine, but other researchers of this Article 64 come to conclusions that exclude the possibility of consistency of this ban with this article of the Constitution of Ukraine. It is substantiated that the content of Article 64 of the Constitution of Ukraine has three meanings regarding the interim elections of people’s deputies during this martial law: 1) they can be held, 2) they can not be held, 3) they can be held with a limited number of voters. It is proposed to consider as an alternative to this prohibition of by-elections of people’s deputies during this state of war martial law electoral qualification - a special and temporary restriction of the circle of voters for holding these by-elections in the conditions of this war. A variant of this qualification is proposed - the qualification of a legal entity.

Canadian College of Medical Geneticists: clinical practice advisory document – responsibility to recontact for reinterpretation of clinical genetic testing

BackgroundAdvances in technology and knowledge have facilitated both an increase in the number of patient variants reported and variants reclassified. While there is currently no duty to recontact for reclassified...

Bibliometric Examination of "Bona Vacantia": Charting Patterns and Research Trends

This paper employs a bibliometric analysis to examine the primary sources of publication, authorship, citations, and research trends concerning Bona vacantia. Bona vacantia, often known as ownerless property, carries significant legal and economic significance on a global scale. Comprehending the academic discussion surrounding a topic benefits legal professionals, policymakers, and researchers. Retrieving 645 relevant articles from the Scopus database spanning 2003 to 2023, the study employs data refining and various bibliometric methods, including cluster and network analysis and word cloud generation. The analysis reveals 158 contributors from 69 countries, predominantly publishing articles. It identifies key articles, authors, and journals shaping the discourse on Bona vacantia. Although the insights provided are valuable, it is crucial to understand the limits in terms of database coverage, chronology, and paper scope. Future research should incorporate diverse databases and extend temporal perspectives to understand Bona vacantia comprehensively. This study recommends a broader research expansion to enhance understanding of this multifaceted subject.

“Access Denied” – Interpreting the Digital Divide by Examining the Right of Prisoners to Access the Internet in the Case Law of the European Court of Human Rights

Abstract The present paper aims to investigate prisoners’ rights to use and access the Internet, focusing on the jurisprudence of the European Court of Human Rights (ECtHR). The study’s principal objective is to assess the fundamental rights aspects of Internet access, particularly within the context of relevant EU legislation, and to interpret how the digital divide impacts prisoners. The study primarily relies on a thorough review of pertinent literature and legal materials, and it incorporates case studies from Estonia, Lithuania and Türkiye to contextualize the literature findings within specific legal jurisdictions. The research findings suggest that prisoners’ Internet access should be evaluated in accordance with fundamental rights, including Article 10 of the European Convention on Human Rights. Regarding the digital divide, the study concludes that limiting prisoners’ access to the Internet could exacerbate the already existing societal gap, potentially hindering their reintegration into society. The particular focus on the above three countries stems from the fact that as per the precedent of the ECtHR, only four countries are involved in cases concerning restriction of access to the Internet (Estonia, Lithuania, Türkiye and Russia); however, Russia ceased to be a party of the European Convention on Human Rights, so analyzing the future of the issue of Internet acces there is highly limited. Our research contributes significantly to the literature on the digital divide, particularly in terms of its legal implications. The study’s comprehensive approach, which integrates both theoretical and practical aspects, is beneficial for domestic legal professionals and researchers engaged in interdisciplinary investigations of EU law and fundamental rights.

Building a Theoretical Framework from Weber’s Theory for Legal Scientific Research

Scientific work in the field of legal science in Indonesia often differs from the criteria for empirical scientific research at the level of modern science. The results of thesis and dissertation-level scientific research at law faculties have so far emphasized technical-juridical analysis for the needs of legal practice rather than academic research that criticizes and creates new scientific theories in the field of law. Dogmatic legal analysis, it seems, takes precedence over academic legal analysis that allows researchers to fulfill the critical scientific need for the renewal of legal dogmatics by the development of Society. The framework section is usually narrated without construction in the form of a 'theoretical framework' or 'analytical model' which often shows confusion in legal research. Legal dogmatic research focuses on evaluating the structure (language) of law and legal practice, i.e. how far the elements of the article as evaluation indicators are used with the resolution of the particular legal event being studied. Scholarly legal research often uses theory in presenting the framework for its theses and dissertations, and more than one theory is even related to the various narratives and descriptions of the proposed research. In addition, legal researchers present major frameworks in 'grand theory', 'middle-range theory', and applied theory' for research typically conducted in the field of pure science (pure social and human sciences).

Doctors in conflict with the criminal law: A records review of gross medical negligence cases under the Indian penal code

Medical negligence is a critical issue in the healthcare system, often resulting in harm to patients and legal disputes. Objectives: The article focuses on cases of criminal medical negligence in India, including notable cases such as Jacob Mathew, Syad Akbar, and PB Desai. The study aims to analyze the judgments given by courts against medical professionals charged under the Sec. 304A of the Indian Penal Code (IPC). This specific study was undertaken as there was a dearth of research around criminal negligence; however, ample data were available for civil breach of duty by doctors. Material and Methods: This is a records review type of research. The research methodology involved conducting an extensive search for relevant judgments on indiakanoon.com using keywords such as “medical negligence,” “due care,” “Bolam test,” and “Supreme Court (SC) judgments.” The study specifically focused on judgments that pertained to criminal cases under Section 304 IPC (Death due to rash or negligent action) while excluding civil cases, consumer court cases, and disciplinary actions of state medical councils. Results: After conducting a judgment search, 90 cases met the inclusion criteria. The legal principles pertaining to negligence as established in the Jacob Mathew case, such as the definition of negligence amounting to a criminal nature and the criteria for determining a breach of duty, were reproduced. In the Syad Akbar case, SC laid down the difference in evidence required to prove medical negligence amounting to a crime. In the PB Desai case, the court clarified that mere differences in opinion between 2 doctors do not amount to negligence if due care was taken and the treatment was in line with the standard of care applicable at that time. Conclusion: The results of the study provide valuable insights into the judicial approach to criminal medical negligence cases in India. By examining a range of judgments from different jurisdictions, the study identifies common themes, emerging trends, and significant precedents that shape the legal landscape surrounding medical negligence. It underscores the need for robust standards of due care and emphasizes the role of the judiciary in promoting patient safety, accountability, and fair compensation in cases of medical negligence. This article contributes to the existing body of knowledge on medical negligence in India, serving as a valuable resource for legal professionals, healthcare practitioners, policymakers, and researchers interested in understanding and addressing the complexities of this important issue.

Perbandingan Penyelesaian Sengketa Arbitrase Online Antara Indonesia Dengan Cina : Sebuah Tinjauan Hukum

Dispute resolution through online arbitration has become an increasingly important topic in the context of international business relations. This article provides a comprehensive legal review of the comparison of online arbitration dispute resolution between Indonesia and China. Through in-depth analysis of the legal system, contract provisions, technology used, economic considerations, and the influence of government regulations, the author explains the differences and similarities that exist between the two countries in resolving this dispute. The different legal approaches between Indonesia, which adopts a legal system based on civil law, and China, which has a legal system based on Confucian law and socialist law, are the main focus of discussion. As a result, this article identifies the key factors that influence the effectiveness of online arbitration dispute resolution between Indonesia and China and provides valuable insights for legal practitioners, entrepreneurs and researchers interested in this field. In conclusion, this article emphasizes the importance of a deep understanding of the differences in legal and regulatory culture between the two countries in designing successful dispute resolution strategies in the context of online arbitration.

THE IMPLEMENTATION OF LEGAL RISK MANAGEMENT IN COMPANIES RELATED TO EARNINGS MANAGEMENT OF MANUFACTURING COMPANIES IN THE CONSUMER GOODS INDUSTRY SECTOR LISTED ON THE INDONESIA STOCK EXCHANGE

<table width="574" border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="366"><p><em>This study adopts a socio-legal approach, which is a non-doctrinal method in legal research, to explore the role of Directors in implementing legal risk management and earnings management post-COVID-19 pandemic. The research method integrates various disciplines to gather empirical data needed to address research questions focused on practical issues, policies, and legal changes. This non-doctrinal research combines qualitative and quantitative aspects using empirical data to analyze the impact of effective legal risk management on the financial performance and reputation of manufacturing companies in the consumer goods industry sector during the COVID-19 pandemic. Through comprehensive empirical data collection, this study aims to provide an in-depth understanding of the role of Directors in managing legal risks and earnings management and their impact on the financial performance and reputation of companies during the pandemic crisis. Findings from this research are expected to provide valuable insights for legal practitioners, corporate management, and researchers to develop effective strategies in addressing challenges faced by manufacturing companies in the consumer goods industry sector during the COVID-19 pandemic.</em></p></td></tr></tbody></table>

Инструктивная подготовка практиков-аналитиков и ученых-исследователей сферы права (рецензия на учебник И. В. Понкина и А. И. Лаптевой «Методология научных исследований и прикладной аналитики», 4-е издание в 2 томах, 2023)

The authors address the dominant positive aspects of the 4th edition of the textbook in 2 volumes by I. V. Ponkin and A. I. Lapteva “Methodology of scientific research and applied analytics”, noting the substantial value of the publication for the formation of effective practitioners, analysts and legal researchers. The value of addressing the key aspects of the formation of legal thinking, the effective technique of transferring mental activity to specific applied tasks, and the focus on a systematic vision of the problem series is stated. In conclusion, the content orientation of the reviewed original scientific and scientific-instructional publication is noted to introduce the reader to the methodology of legal science and applied legal analytics.

The transparency of quantitative empirical legal research published in highly ranked law journals (2018–2020): an observational study

Background Scientists are increasingly concerned with making their work easy to verify and build upon. Associated practices include sharing data, materials, and analytic scripts, and preregistering protocols. This shift towards increased transparency and rigor has been referred to as a “credibility revolution.” The credibility of empirical legal research has been questioned in the past due to its distinctive peer review system and because the legal background of its researchers means that many often are not trained in study design or statistics. Still, there has been no systematic study of transparency and credibility-related characteristics of published empirical legal research. Methods To fill this gap and provide an estimate of current practices that can be tracked as the field evolves, we assessed 300 empirical articles from highly ranked law journals including both faculty-edited journals and student-edited journals. Results We found high levels of article accessibility (86%, 95% CI = [82%, 90%]), especially among student-edited journals (100%). Few articles stated that a study’s data are available (19%, 95% CI = [15%, 23%]). Statements of preregistration (3%, 95% CI = [1%, 5%]) and availability of analytic scripts (6%, 95% CI = [4%, 9%]) were very uncommon. (i.e., they collected new data using the study’s reported methods, but found results inconsistent or not as strong as the original). Conclusion We suggest that empirical legal researchers and the journals that publish their work cultivate norms and practices to encourage research credibility. Our estimates may be revisited to track the field’s progress in the coming years.

О базовых проблемах науки энергетического права: некоторые размышления

This article discusses issues of the fundamentals of the energy law science, noting their insufficiency in this sphere and the resulting ineffectiveness of both exploratory and applied research. As a result, laws and regulations in the energy sector, which is the basis of the national economy, is also inadequate. The author concludes that while scientific and technological progress in the energy sector is advancing rapidly, its legal regulation is lagging behind. There is a lack of coordination among leading scientific and legal researchers of existing institutions in energy law. The author suggests drastically expanding the scope of comprehensive training for higher scientific qualification personnel majoring in energy law, which would require specialized thesis boards. In the future, as the mankind masters inexhaustible and voluminous types of energy, such as lightning energy, time energy, and energy formed by the annihilation of matter and antimatter, etc., appropriate laws and regulations will be necessary (it is a must) preceded by scientific and legal study of the issue.

Human Rights-based Approaches and the Right to Health: A Systematic Literature Review

Abstract The term ‘human rights-based approach’ is common in rights and international development literature. Yet there is no single, universally agreed definition of a human rights-based approach, let alone its application to the right to health. This article uses a PRISMA-informed systematic literature review to address the question, ‘What is the current status of the human rights-based approach to health in international law?’ Previous reviews have described how international organizations and development donors have tackled human rights-based approaches to development generally and discussed prominent works on human rights-based approaches to health. However, this is the first review to sample the peer-reviewed literature systematically. The study revealed that authors use the terms ‘human rights’, ‘human rights-based approach’ and ‘right to health’ to import a raft of legal implications, or none at all. Similarly, readers may assign legal meanings to these terms, or none at all. Confusion arises because although these terms often have different meanings for authors and readers from different disciplines, this is not commonly acknowledged, and authors rarely clarify their perspectives. The author concludes that scholars should seek co-authors with human rights law or public health qualifications, as relevant. Most academic institutions research and teach health and law separately; interdisciplinary centres of excellence in health, law and human rights offer an opportunity to overcome these historical obstacles to interdisciplinary dialogue and understanding. The study and its conclusions will be of interest to legal researchers, human rights advocates, public health scholars, and advocates from other disciplines.

Effect of Moderate and Radical Rules on High-Caste Behavior and Norms in India

Abstract Development and legal researchers hypothesize that a moderate law may be more effective than a radical one in changing behavior. This study tests this hypothesis in the context of discriminatory sharing norms practiced by high-caste individuals against low-caste individuals in India. The study employs a lab-in-the-field experiment in which it influences (a) high-caste participants’ social norms of sharing money with a low-caste participant and (b) introduces either a “moderate” or a “radical” rule, that is, a rule that is closer or further away from the social norm and requires high-caste participants to share a minimum amount of their money with the low-caste participant. Breaking the rule entails incurring a small fine. This study finds that the effectiveness of the moderate versus radical rule in changing behavior and norms depends on the status quo social norm. This paper provides causal empirical evidence on how social norms influence laws’ effectiveness in inducing behavioral and norm change.

TELAAH PERKAWINAN SETELAH KEHAMILAN DALAM KITAB HUKUM ISLAM KARYA PROF.DR H. SUPARMAN USMAN, S.H

Building on the phenomenon of Generation Z regarding common marriage practices during pregnancy, this research examines the meaning derived from sources in the Islamic legal book of Indonesia. Scholars consider various legal aspects, emphasizing their own interpretations of the pillars of Islamic law. This observation, made by contemplating the beautiful verses of Allah in the Qur'an and the words and actions of the Prophet in the Hadith, provides insights for legal practitioners and researchers. It also establishes a foundation for just and Islamic principle-aligned policies concerning the legality of such actions from an Islamic perspective.

Doctrinal Research in Law: Meaning, Scope and Methodology

The doctrinal legal research has been the dominant and most influential research methods in law. The purpose of the present study was twofold; to explore the scope and to analyze the methodologies of doctrinal legal research. After analyzing the systematically selected literature, the present study found that doctrinal research is concerned with methodically finding, examining, explaining and justifying the enacted legal framework. In addition, the doctrinal research was also used to predict the future development in law. Moreover, the study found that doctrinal research methodology was used by legal and non-legal researchers. The study also found that the beginning of the doctrinal legal research is the presence of a legal problem which is followed by finding the relevant legal material including statutory law, constitutional provision pertaining to the problem, by laws, judicial decisions, commentaries of the analysts, encyclopedias and dictionaries. The study further found that after finding the relevant legal material, a researcher is required to analyze the legal material to determine the fitness of the problem or to suggest the solution of legal problem. Further to that, a researcher should also synthesize the legal material to highlight the inconsistencies between enacted legislation and fundamentals legal norms and principles of the legal system. The study also found that a doctrinal research study is concluded by reporting the findings and the recommendations.

Balancing Law and Justice: Resolving Inheritance Law Conflicts between Iraqi Federal and Kurdistan Regional Legislations

This research examines the conflict arising from the differences in legal texts between the existing Iraqi Personal Status Law and the frequently amended laws in the Kurdistan Region. Furthermore, the issuance of amendments by the Kurdistan Region has exacerbated this conflict, leading to confusion and disputes between the two legal frameworks. The uncertainties surrounding the rationale behind these amendments have raised questions and doubts among legal practitioners and researchers, prompting a conservative approach within the courts. This study addresses and resolves these uncertainties by employing a comparative and analytical methodology. With a focus on constitutional and legal standards and the principle of justice, the research aims to clarify the applicability of either law. By undertaking this comprehensive analysis, the study endeavors to eliminate perceptions of ambiguity and hesitation, thereby contributing to a more cohesive legal landscape in the region. The research results show the fundamental difference between the Iraqi Personal Status Law and the amended law in the Kurdistan Region in matters of inheritance, specifically centered on the obligatory will and the wife's inheritance, and the Kurdish legislator made amendments in both issues, considering that amending federal laws is guaranteed to the regions by constitutional texts as long as they do not conflict with the constant provisions of Islam and the principles of democracy. This is not considered a departure from the 2005 Iraqi constitutional framework because the Federal Supreme Court, in its capacity as supervisor of the constitutionality of laws.

Theoretical Approaches in Russia to Understanding the Legal Nature of Legal Relations in the XIX – early XX Centuries: Historical and Legal Aspects

Relevance. As is known, legal relations play a significant role in law enforcement, legal protection, satisfaction of the vital interests of individuals and legal entities. The study of legal relations, the elucidation of their legal essence, role and place in the system of legal means remains an urgent problem in legal science, despite the long historical development of the doctrine of legal relations in the general theory of law and civil law. In modern jurisprudence, many researchers consider the concept of "legal relationship" as: public relations regulated by the rule of law; legal form of public (actual) relationship; the unity of the legal form and material content. The author of the article set the task to analyze in the historical and legal aspect the scientific views of Russian scientists on legal relations in the 19th early 20th centuries. in order to form their position on the designated topic.The purpose of the study: to find out in the historical and legal aspect the scientific views of Russian scientists of the 19th early 20th centuries. about legal relations, their subjective and object compositions, content.Research objectives: to identify the legal approaches of domestic researchers of law of the specified period to understanding the legal nature, subjects, objects and content of legal relations.Methodology. In the course of the study of the designated topic, such general scientific and private scientific research methods as historical-legal, logical, formal-legal, system-structural and comparative-legal methods were used.Results. Based on the analysis of the theoretical conclusions of well-known pre-revolutionary lawyers, it was revealed that a significant part of legal researchers considered legal relations as actual relations regulated by the norms of objective law, and the elements of legal relations are subjects, objects, legal rights and corresponding duties. It has been established that there are legal relations as ideal legal models of behavior of subjects of law, and specific legal relations that arise on the basis of legal facts with the participation of specific interested subjects of law, endowed with subjective rights and legal obligations regarding certain objects rights.Conclusions. Legal relations are social relations settled on the basis of the norms and principles of Russian law, reflecting the unity of the legal form and legal and factual content, with the participation of individuals and legal entities, public legal entities.

Towards a Sustainable Social Law: What Role for Legal Scholars?

This article outlines an initial research agenda for legal researchers who intend to contribute to the shaping of a ‘sustainable social law’. This notion refers to a social law system that continues to meet the challenges of social justice, without transgressing planetary boundaries and endangering ecosystems. The development of the research agenda is based on two observations. First, the transformation of social law into a sustainable discipline will require its emancipation from the productivist ideology according to which human well-being depends on constant increase in production. Second, social law is pluralist and therefore contains, at its margins, mechanisms that deviate from productivism and can help frame a sustainable future. On this basis, the proposed research agenda is centred on the comparison and classification of non-productivist time-spaces that are already protected by social law, or could become so, through the unfolding of creative legal interpretations. Social law is also approached as a category for analysing equality issues in times of ecological transition, according to the distribution of non-productivist time-spaces it institutes between individuals. Finally, legal scholars could investigate, in empirical studies, whether resistance to the productivist imperative could explain the uses, illegal or not, and non-uses of social law measures by individuals. Sustainable Social Law, Productivism, Non-productivist Time-Spaces, Non-Take-Up of Social Rights; Welfare Fraud; Global Warming, Ecological Transition, ; Eco-social Policies

A content review of state tobacco pre-emption laws in the US

ObjectivesState ceiling pre-emption laws effectively limit the authority of local governments to regulate numerous public health issues, including tobacco. While general trends in the number of state tobacco pre-emption laws have been well-documented, less is known about the specific content of these laws. This study provides a comprehensive analysis of the content of current state tobacco pre-emption laws and captures the salient features of these laws. Study designThis was a comparative analysis of tobacco pre-emption laws in the United States. MethodsThe study team collected data about tobacco pre-emption laws from the Centers for Disease Control and Prevention's State Tobacco Activities Tracking and Evaluation System. Trained legal researchers further verified and reviewed each law's content using the Westlaw database. A coding scheme was developed to capture and analyse these laws' most salient features. ResultsState tobacco pre-emption laws use various terms to indicate the pre-emption of a local authority, including supersede, pre-empt, uniform, exclusive, and consistent. State laws cover numerous general topics and vary widely in explicit terminology of authorities and fields pre-empted. Several state laws included grandfathering exceptions and a few allowed exceptions for particular local jurisdictions. ConclusionsState laws that undermine local tobacco control efforts from implementing more stringent laws pose a threat to public health. These laws vary widely in their scope across the U.S., and local jurisdictions should be empowered to enact and maintain tobacco control measures that protect their communities from the harms of tobacco use and exposure.