Legal Strategies Research Articles

Legal Strategies at the Governance Precipice: Transnational Lawyers in the European Union’s Sovereign Debt Crisis (2010–2012)

How do transnational lawyers valorize their expertise in a political and economic crisis? This article argues that knowing how transnational lawyers valorize their expertise is critical to understanding how transnational law evolves and affects society, especially when existing legal frameworks prove to be inadequate and novel practices must pave new paths. Using the acute phase of the Eurozone crisis between 2010 and 2012 as an empirical case, I examine how European Union (EU) legal agents constructed a framework that accommodated the uncertainty of governing a crisis while also mediating the contentious politics between EU Member States. The analysis shows that as intergovernmental bargaining dominates Eurozone crisis governance, EU legal advisors intervene to reconcile these bargains with the EU legal order using novel practices that simultaneously valorize their legal expertise. These practices in effect engender a high degree of interdependence and interconnection between the EU legal order and several intergovernmental arrangements—especially the European Stability Mechanism—leading to the creation of a unique form of EU governance: semi-intergovernmentalism. This article contributes to debates on legal globalization by empirically examining how transnational legal agents valorize their expertise through strategies directed at defending their autonomy while protecting the normative coherence of their transnational legal order: the EU.

Privacy and Digital Mosaics: Lessons from Pollution Control

Digital Mosaic Pollution (DMP) arises when bits of information originally gathered for other purposes escape their original boundaries. The metaphor of a mosaic implies that bits of information, each not valuable by itself, when pieced together can create a clear, or distorted, picture of a person, depending on the collector’s aims. The pollution metaphor explains how the effluent data becomes available for other purposes, including unintended and unwanted aggregation into personal digital mosaics, without consent or even awareness. Privacy invasion is an unwelcome byproduct. Much like pollution, unwanted data exposures are difficult or impossible to make private again. To gauge societal damage from information pollution, we consider privacy from a variety of academic perspectives: ethics, economics, law and regulation. The pollution analogy focuses regulatory policy and legal strategies for protecting privacy on the creators of Digital Mosaic Pollution where it can be most efficient and effective.

Legal Strategy for Intellectual Property Protection in the Era of Open-source and Creative Commons in Indonesia

This study navigates Indonesia's shifting IP protection landscape by examining the advantages and challenges of coexisting traditional IP regimes with open-source projects and Creative Commons license. In this age of collaborative innovation, the article focuses on legal strategies for adjusting to the dynamic interplay between proprietary and open models. This study employs a mixed-methods approach, combining legal analysis, case studies, interviews, and surveys, to explore the impact of open-source dynamics, provide flexible legal solutions, and highlight the benefits and drawbacks of existing intellectual property laws. The study's findings contribute to the ongoing discussion about establishing a harmonious atmosphere that fosters innovation while upholding the rights of those who create. The creative community, lawmakers, and companies can all benefit from the recommendations.

The challenge of infodemic: a scoping review of strategies to tackle health-related fake news

Abstract Introduction The term “infodemic” was coined by David J. Rothkopf during the SARS epidemic to describe the phenomenon of the uncontrolled spread of speculation amplified by the media and the technologies of the 21st century. During the COVID-19 pandemic, a tremendous increase of misinformation was observed. The purpose of this scoping review is to collect and describe all the strategies, tools, and recommendations available from the literature aimed at counteracting infodemic and provide useful information for decision makers to build effective responses. Methods We performed a systematic search of scientific literature from 1 January 2018 to 31 January 2023 on PubMed, Web of Science, Scopus electronic databases. Eligible articles were English article analysing tools (strategies, policies, recommendations, guidance, guidelines, toolkits, etc) aiming at supervising, monitoring, preventing and countering infodemic. Results The overall research in the scientific databases yielded a total of 5,516 record. Following the inclusion and exclusion criteria, we selected 26 articles from scientific and grey literature. From the included articles, 21 public health actions were extracted. These recommendations were grouped into five main categories (“Strategies”) that act on the infodemic phenomenon: - Increasing the health literacy of the population - Surveillance of the spread of misinformation strategies - Checking and debunking misinformation strategies - Legal and Institutional strategies - Communicate and dissemination programs Conclusions The review showed a large number of stakeholders envolved (social media companies, healthcare professionals, institutions, population). To properly address the problem of infodemia, it will be essential the creation of a solid health network, capable to tackle the spread of fake news in every moment of the process, from the surveillance systems to the checking and debunking information. Key messages • Healthcare professionals have the responsibility of disseminating information in an understandable manner; government and authorities should implement laws to tackle the dissemination of fake news. • Social media companies (and their most famous users, the ‘influencers'), should take stronger actions to contain the dissemination of fake news.

SCIENCE AND SOCIETY LEGAL STRATEGY OF SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENT OF RUSSIAN FEDERATION

Science must serve society, and it is through law that the attitude of the state to scientific activity is formulated, its social goal-setting is expressed, and the interests and requirements associated with obtaining a socially significant scientific effect are fixed. In modern realities, accelerated scientific and technological progress is becoming a historical imperative for the successful development of Russian statehood, and domestic jurisprudence must offer an effective legal strategy for scientific and technological development. Based on constitutional principles, the article discusses some of the main aspects of this strategy regarding its categorical apparatus, value-ideological and structural-economic orientation, organizational-administrative and spatial-territorial components. Proposals and approaches aimed at improving the legislative basis of the state scientific and technical policy are formulated.

IoT and Blockchain: A Review and a Technical-Legal-Social Acceptance Model

ABSTRACT Internet of Things (IoT) and blockchain are complex digital technologies characterized by a strong connection and dependency between individuals, data, and information technology (IT). A socio-technical perspective that captures the dynamic interaction of social, legal, and technical artifacts is essential to understanding the IoT and blockchain phenomena. This review provides direction for employing a social-technical perspective across IoT and blockchain studies. The findings lead to new insights for developing a theoretical framework, research model, and research agenda to investigate IoT and blockchain technology. Practitioners and institutions can use these findings to develop strategies to promote the adoption of IoT and blockchain technologies through specific technical, legal, and social strategies. Overall, this research is unique in its attempt to trace new trajectories for future IS scholars and practitioners facing the complexity of IoT and blockchain.

Testing Open Science Tools

Data management plans (DMP) are an intrinsic part of planning for and implementing openness in scientific research. DMPs contain integral information on research projects: IT requirements, legal and ethical considerations and strategies for opening data. However, all too often, the DMP is seen as a chore drawn up at the request of external funders rather than a tool adopted for the benefit of project members. Similarly, the information gathered into DMPs is rarely utilised by other stakeholders such as institutional research services, nor linked to external parties such as data repositories. Machine-actionable DMPs aim to change this landscape by offering better guidance and support for researchers preparing their plans, and facilitating a research data management system that allows data and information to be shared across institutions and repositories. In fact, one of the recommendations of the EOSC Nordic project, which studied FAIR incentives and expected impact in the Nordics, Baltics and EOSC, was the implementation of machine-actionable DMPs for seamless information workflow and supporting FAIR adoption in everyday research work. Tools such as Data Stewardship Wizard and Argos do this by taking researchers through a set of simple structural questions on research data management from which answers are exported into funder templates resulting in downloadable DMP documents. These machine-actionable online tools transform tick-the-box answers that are easy to fill in into full-text DMPs that comply with funder requirements. This poster introduces a pilot project testing the Data Stewardship Wizard and localising its Knowledge Template to the needs of Aalto University. It presents the project’s findings and stages, including the process of creating a template for the Research Council of Finland DMPs and testing the tool with researchers. In doing so, it examines machine-actionable DMPs from a practice-based perspective and comments on the process of institutional implementation.

Legal Responses to Violence against Medicare Service Persons and Institutions during COVID- 19 Pandemic in India

Background: The COVID-19 pandemic and virility of the violence against medical personnel have been parallel phenomena in Indian public health administration. The safety and security medical and paramedical have been attracting attention for quite a long time. Still, no central legislation has piloted to enhance their therapeutic and surgical acumen in epidemics and pandemics. The health care of the patients and the covenant of Medicare service persons and institutions doctors missed in the myopic perception of the health administration’s tilt towards the criminal administration of justice. Method: The clasping of 125 years of age epidemic control law and 162 years of age criminal statute stinks the Indian feel in the present context. Result: The significant outcome of the COVID-19 pandemic is showcased in the Epidemic Diseases (Amendment) Ordinance, 2020, ensuring harassment-free workplaces for the medical fraternity. The criminal sanction afforded by the 23 state enactments on the protection of medical care personnel and institutions in states in India, but there is no central legislation. Despite the Indian Medical Association’s recommendation for the Protection of Medical Service Persons and Medical Service Institutions (Prevention of Violence and Damage or Loss of Property) Act, 2017, we witnessed Epidemic Diseases (Amendment) Ordinance, 2020 in enhancing the robust workplace for the doctors during the pandemic. The legal strategy camouflaging ‘disaster’ under Section 2 (d) of the Disaster Management Act, 2005 in pandemic and lockdown is sobering but astonishing. Conclusion: The paper locates the legal response to violence against the doctors in the sociology of medicine and medical professions as professional socialization and social system during the COVID-19 pandemic. Bangladesh Journal of Medical Science Vol. 22 No. 04 October’23 Page : 734-742

Informal carers: their roles and support needs

This series will explore the several aspects of informal carers, including their roles, definitions and lived experiences, as well as the legal and Government strategies regarding informal caring as a practice. It will also explore the role of the nurse, nursing associate (NA) and healthcare assistant (HCA) in supporting the informal carer. This third article will briefly explore the experiences and support needs of five specific informal carer sub-groups: young carers; older carers; BAME carers; male carers; and disabled carers.

“Stamping Out Segregation in Kansas”: Jim Crow Practices and the Postwar Black Freedom Struggle

Abstract: This study examines Jim Crow practices and the Black Freedom Struggle in Kansas between 1945 and 1960, focusing at the state level. It proceeds in three sections. First, it examines Jim Crow in housing, employment, schools, public accommodations, and sundown towns. Second, it addresses the enforcement of these practices through mob violence and, to a greater degree, police violence. Third, it investigates the activism of Black Kansans who were, irrespective of age, gender, or class, determined to destroy Jim Crow through public protests, legal strategies, and physical self-defense, even if they represented considerable ideological, methodological, and strategic diversity. The study is based primarily on extensive research in regional and local newspapers, in public and university archives, and in oral histories with contemporary Black activists. Because of the limited time period involved, it utilizes a topical approach overall but, within this framework, addresses change over time. Before proceeding, the study briefly examines the long history of racism against Blacks and Black resistance to it in Kansas before 1945.

The law-making process in the Ukrainian lands of the ХVth-XVIIth centuries: institutions and procedures

Legal formation is one of the basic categories of both historical and legal science and legal science in general. The law-making process is a concentrated reflection of legal values, legal interests, legal mentality and mentality, ultimately the sense of right of society. His analysis is important for the reproduction of the historical and legal reality, particularly in the Ukrainian lands of the 15th-17th centuries, when legal practices and strategies were established and the legal canons of Ukrainian society were established. In this connection, the study of the organization of Diets and Diets and their functioning has significant cognitive potential. The purpose of this article is to highlight some features of the law-making process on Ukrainian lands in the relevant period, which manifested itself in the phenomenon of seymikation – participation in Sejms and sejmiks. The appearance of noble self-government bodies was a consequence of the spread of the crown system of administrative-territorial and judicial system to the territory of Ukraine. As a result of the administrative reform carried out on the eve of the Union of Lublin and the division of lands into voivodeships and counties, Ukrainian lands became part of the Polish-Lithuanian Commonwealth as part of 8 voivodeships, with all the rights of the ancient crown voivodships and at the same time with «their own rights». Such «own right» was primarily the Lithuanian Statute of 1566 (Statute of the Grand Duchy of Lithuania) or the so-called Volyn statute. It was he who introduced the two-tier system of state organization: the general Sejm – the place of state representation of regional elites at the national level, and the poviat sejmiks – representative bodies of the nobility. Participation in seyms became the main mechanism for the participation of the nobility in the political and legal life of the state. Despite all the specifics of sejmik (vassal-clan dependencies, tycoon lobby, etc.), it can be argued that it, as well as the institutions of the Sejm and sejmiks, ensuring the involvement of a significant nobility and communication between the lord and the nobility, was an effective way of organizing, in particular, rightful life, the main component of which is law-making. Key words: legal formation, Sejm, sejmiks, sejmіkаtion, Lithuanian statute, nobility, crown law, selfgovernment, law.

Integrating Legal, Ethical, and Technological Strategies to Mitigate AI Deepfake Risks through Strategic Communication.

This study explores the critical role of legal education in addressing the challenges posed by AI deepfakes, with a focus on integrating deepfake-related topics into the curriculum to better prepare legal professionals. The primary objective is to examine how legal education can be enhanced to equip future lawyers with the necessary skills to navigate the ethical, legal, and technological implications of AI deepfakes. The study employs a theoretical approach, analyzing existing literature, case studies, and current legal frameworks to identify gaps in legal education and propose strategies for integrating AI deepfake topics into both foundational and continuing legal education (CLE) programs. The findings suggest that incorporating AI deepfake education into legal training can significantly enhance legal professionals' ability to address the complex challenges posed by this technology. Key strategies include developing specialized modules, implementing scenario-based learning, and fostering interdisciplinary collaboration. The study highlights the broader implications of these findings for future research and practice, emphasizing the need for ongoing updates to legal curricula and the importance of continuous professional development. The integration of AI deepfake education is not only necessary for legal practice but also for shaping ethical and legal standards in the digital age.

Evaluating Farm Tourism Development for Sustainability: A Case Study of Farms in the Peri-Urban Area of Novi Sad (Serbia)

Farm tourism is often considered a form of tourism whose main characteristic is sustainability. Nevertheless, the existing literature also provides a partial approach, where the development of farm tourism is analyzed within the context of sustainable development and crisis situations, such as the COVID-19 pandemic. The aim of the paper is to analyze environmental, social, and economic factors as vectors for the sustainable development of farm tourism by applying a specially designed SFT model. An empirical study was carried out on a sample of nine farms in the peri-urban area of the city of Novi Sad (the Republic of Serbia). Sustainable development was analyzed using dynamic social, economic, and environmental indicators with the aim of finding a model that could be used to ensure more stable economic income for the population, social equality, and environmental protection. By applying the SFT model, it was determined that the current position of farm tourism is not fully compliant with the aims of sustainable development due to its clearly dominant economic dimension and less developed social and environmental sustainability. The results were further analyzed with the aim of achieving a balanced development of farm tourism, which needs to be based on the continued application of the concept of sustainability. The results could be used by public and private institutions in the tourism sector, as well as creators of legal regulations and strategies in the field of sustainable and rural tourism, with the aim of further developing and improving its sustainability.

Tackling corruption in the distribution of Covid-19 palliatives and public health facilities in Nigeria: legal insights and strategic blueprint for future emergencies

PurposeThe purpose of this study is to examine the corruption prevalent in the distribution of COVID-19 palliatives during the lockdown and movement restrictions in the country. This study seeks to analyse the current state of corruption in the distribution of COVID-19 palliatives and public health facilities in Nigeria while also providing a legal insight and strategic blueprint to combat corruption. To this end, this study will address the current legal framework for combating corruption and build upon this to formulate a working strategy for tackling corruption in the future.Design/methodology/approachUsing a doctrinal legal research methodology, this study draws upon existing literature, tertiary data sources and information from the Nigeria Centre for Disease Control. The collected data is analysed and compared with current literature to identify key findings. Rent-seeking and utilitarian theories of the law were examined to guide this study. This study offers useful insights into combating corruption. The use of this method is justified, as it enhances the credibility of the findings on the importance of strategies for future emergencies. This legal research approach is consistent with the law and can be easily verified. The empirical aspect of this study involved a survey of multidimensional health-care and economic data set of 36 states in Nigeria plus the Federal Capital Territory on COVID-19 in Nigeria. A survey linearised regression model was estimated to determine the influence of government revenue and public health-care facilities in the control of the virus spread in Nigeria.FindingsThis study reveals the need for emphasis on the imperative of combating corruption in the distribution of COVID-19 palliatives and establishing economic resilience through transparent and accountable practices, supported by legal frameworks.Research limitations/implicationsRent-seeking and utilitarian theories of law are evaluated because of their impacts on combating corruption. The limitation of this study is the intricacy of gathering data on COVID-19 palliatives corruption in Nigeria because of secrecy and the absence of reliable data on the subject.Practical implicationsEstimating the exact number of stolen palliatives and their fiscal impact on Nigeria's economy proves to be a formidable task because of the covert nature of corruption. This study equips policymakers in Nigeria with a better understanding of the legal challenges posed by corruption in the health care sector and provides an effective strategy to combat it.Social implicationsThe lack of reliable data on the extent of palliative theft hinders the ability of lawmakers to enact effective legislation and strategies for combating corruption in the distribution of COVID-19 palliatives and addressing future emergencies in Nigeria. The policy implications of this study can assist policymakers in Nigeria and other countries in formulating measures to combat corruption in the distribution of COVID-19 palliatives and other future emergencies. Furthermore, it recommends the overhaul of anti-corruption laws and mechanisms in Nigeria to ensure effective measures against corruption.Originality/valueIn conclusion, this study contributes to knowledge by proposing a legal model centred on people's participation to enhance transparency and accountability in future palliative distribution processes. This study recommends legal strategies that can effectively address corruption in future emergencies or shocks. This study proposes a strategic blueprint to tackle corruption in the future. This blueprint includes an analysis of existing laws and regulations, as well as potential policy changes and legislative reform. This study also includes recommendations for improved enforcement and oversight mechanisms and for improved public awareness and education. As part of this, this study considers the potential for public–private partnerships to increase transparency and accountability in public health and health-care services.

재난불평등과 재난안전취약계층에 대한 지원체계

The purpose of this study is to analyze the problems of the support system for the disaster safety vulnerable group and prepare legal, institutional, and practical improvement plans. The legal and institutional problems in support for the disaster safety vulnerable class are: first, the unclear and limited concept and scope of the disaster safety vulnerable class, second, the limited legal stipulations for support for the disaster safety vulnerable class, third, the problem of measuring the loss by disaster and finally lack of the customized and support system for the disaster safety vulnerable group. A legal and institutional improvement strategy to minimize damage and increase resilience of the disaster safety vulnerable class is as follows: first, the establishment of the concept and expansion of the scope of the disaster safety vulnerable class, and enact integrated safety management legislation; second, the establishment and legislation of customized support systems for each disaster response stage; third, systemic measurement and management of damage; and fourth, public-private cooperation with local communities for the vulnerable in disaster safety.

PENEGAKAN HUKUM TERHADAP PELANGGARAN MENGGUNAKAN KENDARAAN BERMOTOR TIDAK LAIK JALAN YANG MENYEBABKAN KECELAKAAN LALU LINTAS (Studi Kasus pada Satlantas Polres Muna)

This research investigates the law enforcement concerning traffic accidents caused by unfit motor vehicles in Muna Regency. Employing a normative juridical approach, the study analyzes laws and their connection to real events, focusing on the legal resolution of such accidents. The role of legal culture, encompassing societal behaviors, values, and beliefs, is emphasized, as effective enforcement relies on widespread legal awareness. Specifically, the study examines Article 273 of Law No. 22 of 2009 concerning Traffic and Road Transportation, which addresses criminal sanctions for road administrators. Preliminary analysis suggests potential gaps in its implementation. The research aims to identify the reasons for insufficient enforcement and proposes measures to strengthen law enforcement in Muna Regency. Recommendations may encompass increasing legal awareness, enhancing collaboration among law enforcement agencies, imposing stricter penalties for violations, and implementing more efficient monitoring systems. Ultimately, this study seeks to enhance legal enforcement strategies and promote road safety in Muna Regency by addressing challenges associated with unfit motor vehicle-related accidents. Understanding and tackling the root causes of ineffective enforcement will enable policymakers and stakeholders to develop targeted interventions, reduce accidents, and ensure proper application of the law.

The urgency of the legal strategy of abandoned-land use through the formation of land bank in Indonesia

The urgency of the legal strategy of abandoned-land use through the formation of land bank in Indonesia

Internet of Things and the Law: Legal Strategies for Consumer-Centric Smart Technologies, by Guido Noto La Diega

Internet of Things and the Law: Legal Strategies for Consumer-Centric Smart Technologies, by Guido Noto La Diega

Corporate sustainability reporting: double materiality, impacts, and legal risk

ABSTRACT Following the enactment of the Corporate Sustainability Reporting Directive and the creation of the European Sustainability Reporting Standards (ESRS rules), the European Union has set a new regime of mandatory corporate sustainability reporting in motion. However, most of the ESRS rules will be mandatory depending on, or subject to, the assessment of double materiality. This article sheds light on the double materiality requirement. More particularly, the analysis focusses on the materiality assessment of the impacts of corporate actions, the challenges involved in such determination, and the associated legal risks. Challenges examined include the legal risk in the company-stakeholders engagement process, the accuracy and completeness of reporting, and the uncertainty about the legal criteria for determining impact materiality. This article recommends (1) that a sound legal strategy guide the company-stakeholders interaction regarding external impacts, (2) that enforcement strategies be designed to accommodate unintentional greenwashing, and (3) that assurance practices for sustainability reporting be expeditiously implemented.

ALGORITHMS, ADDICTION, AND ADOLESCENT MENTAL HEALTH: An Interdisciplinary Study to Inform State-level Policy Action to Protect Youth from the Dangers of Social Media.

A recent Wall Street Journal investigation revealed that TikTok floods child and adolescent users with videos of rapid weight loss methods, including tips on how to consume less than 300 calories a day and promoting a "corpse bride diet," showing emaciated girls with protruding bones. The investigation involved the creation of a dozen automated accounts registered as 13-year-olds and revealed that TikTok algorithms fed adolescents tens of thousands of weight-loss videos within just a few weeks of joining the platform. Emerging research indicates that these practices extend well beyond TikTok to other social media platforms that engage millions of U.S. youth on a daily basis.Social media algorithms that push extreme content to vulnerable youth are linked to an increase in mental health problems for adolescents, including poor body image, eating disorders, and suicidality. Policy measures must be taken to curb this harmful practice. The Strategic Training Initiative for the Prevention of Eating Disorders (STRIPED), a research program based at the Harvard T.H. Chan School of Public Health and Boston Children's Hospital, has assembled a diverse team of scholars, including experts in public health, neuroscience, health economics, and law with specialization in First Amendment law, to study the harmful effects of social media algorithms, identify the economic incentives that drive social media companies to use them, and develop strategies that can be pursued to regulate social media platforms' use of algorithms. For our study, we have examined a critical mass of public health and neuroscience research demonstrating mental health harms to youth. We have conducted a groundbreaking economic study showing nearly $11 billion in advertising revenue is generated annually by social media platforms through advertisements targeted at users 0 to 17 years old, thus incentivizing platforms to continue their harmful practices. We have also examined legal strategies to address the regulation of social media platforms by conducting reviews of federal and state legal precedent and consulting with stakeholders in business regulation, technology, and federal and state government.While nationally the issue is being scrutinized by Congress and the Federal Trade Commission, quicker and more effective legal strategies that would survive constitutional scrutiny may be implemented by states, such as the Age Appropriate Design Code Act recently adopted in California, which sets standards that online services likely to be accessed by children must follow. Another avenue for regulation may be through states mandating that social media platforms submit to algorithm risk audits conducted by independent third parties and publicly disclose the results. Furthermore, Section 230 of the federal Communications Decency Act, which has long shielded social media platforms from liability for wrongful acts, may be circumvented if it is proven that social media companies share advertising revenues with content providers posting illegal or harmful content.Our research team's public health and economic findings combined with our legal analysis and resulting recommendations, provide innovative and viable policy actions that state lawmakers and attorneys general can take to protect youth from the harms of dangerous social media algorithms.