Legal Threats Research Articles

INSTITUTIONAL STABILITY OF PUBLIC ADMINISTRATION IN THE CONDITIONS OF INCREASING ECONOMIC AND LEGAL CHALLENGES AND THREATS OF FINANCIAL AND ECONOMIC AND SOCIO-POLITICAL CRISIS IN UKRAINE

The purpose of the article is to study the theoretical foundations and practical aspects of the justification of the peculiarities and identification of problems of institutional stability of public administration in the conditions of increasing economic and legal challenges and threats of the financial and economic and socio-political crisis of Ukraine. Based on the results of the conducted research, it can be stated that in the conditions of the strengthening of the financial and economic and socio-political crisis, there is an aggravation of the negative impact of economic and legal challenges and threats that significantly unbalance the institutional stability of public administration. The article analyzes the main scientific approaches to determining the essence of the institutional stability of public administration, identifies the main factors that have the most destructive effect on the public administration system, identifies the most important problems of the institutional stability of public administration, and finds out that they increase their destabilizing influence in the period of aggravation of economic and legal challenges and threats of the financial and economic and social-political crisis. Empirical evaluations of the Integral indicator of public administration in Ukraine for the period of 2018–2021 were carried out according to such subindexes as "implementation of the right to vote in the state and accountability", "government efficiency", "political stability and absence of violence", "quality of legislation", "the rule of law" and "corruption control", as a result of which their critical values were established, which lead to a significant imbalance of the public administration system, to the deepening of social tensions and to the exacerbation of crisis situations. The main measures to increase the institutional stability of public administration are proposed, among the most significant of which are the formation of a special mechanism for forecasting risks, threats and dangers to the system of public administration, taking into account crisis situations and the strengthening of financial and economic and socio-political challenges; improvement of current domestic legislation and its harmonization with the norms of European and international law; development of an effective anti-corruption mechanism and its legislative regulation.

Perlindungan Hukum pada Tradisi Menugal sebagai Kearifan Lokal di Kecamatan Arut Utara

The tradition of cutting off is one of the local wisdom that still exists carried out by the people of North Arut District, West Kotawaringin Regency. This tradition is carried out at the time of the start of the growing season around October to December by performing certain rituals by burning the land to be planted. Law number 32 of 2009 is explained on the protection of local wisdom of indigenous peoples and Central Kalimantan Regional Regulation Number 1 of 2020 concerning Forest and Land control provides protection and mechanisms for burning forests and land. The obstacle faced in legal protection in this tradition is that the local government only provides appeals through brochures and billboards and there is less socialization and understanding to the people who carry out this tradition so that the provisions in the legislation are acceptable and do not give fear about legal threats.

Legal regulation of enforcement cooperation within the EU

This article is devoted to the analysis of the legal regulation of law enforcement cooperation within the EU, where there is an integral system of organizational, legal, technical and informational mechanisms that allow the member states and the European Union in general to achieve effective results in the protection of security on the territories of the EU as a whole and state- members in particular. Three main areas, namely the European Multidisciplinary Platform Against Criminal Threats (EMPACT), the problem of unification and harmonization of legal regulation of cross-border cooperation, for example within the framework of joint investigative operations, the activities of special supranational institutions in this field in the article is being investigated. In particular, the content of the fundamental regulatory act in this area was analyzed - the Code of Police Cooperation, which establishes the legal regulation of cross-border harassment and surveillance, the procedure for conducting joint investigative operations and establishing joint training and professional development. Considerable attention is dedicated to the problem of the common information space of law enforcement cooperation, within which the SIS information system was created, the SIRENE bureau operates, and a number of other supranational tools. The European practice of combating modern challenges of criminal and legal threats is studied in the article as an example of high standards of law enforcement cooperation in the fight against cross-border crime and guaranteeing the safety of human life for Ukraine. In order to introduce such standards, a holistic study of the entire legal array regulating the cooperation of law enforcement agencies within the EU is necessary, with the aim of harmonizing the law of Ukraine in accordance with the Association Agreement, in particular, Chapter III "Justice, Freedom and Security". On the other hand, Ukraine should become a pillar of European security, given the incredible threat to Europe from the aggressor country Russia. Europe seriously thought about its security and the formation of a joint army and rapid response forces. That is why the security of Europe today depends on the joint close cooperation of the EU and Ukraine.

Cyber Security in Digitized E-Governance: Evaluating Indian IT Act 2000 (As Amended in2008) in Context

Digital technology and Cyber-based database management system in Indian e-governance has brought about dramatic changes in the mode of operations in all governmental business transactions in India. Government organizations and Government professionals need to depend upon the electronic media and computer-generated e-records for e - governance. Information Technology poses new and complex ethical, legal and extra- legal threats to e-governance. This e-governance inter alia involves the question of security against abuses and misuses of Information Technology The situation demands a fresh look into the problem of Cyber Security in e-governance . Information stored in electronic form is cheaper, faster and easier to store, retrieve and to access than traditional paper –based government records. But the question remains: How far these electronic e-governance records are maintainable in Indian court of law under IT Act 2000 (as amended in 2008)? Government is aware of the advantages of e-records but is reluctant to conduct or conclude business transactions in the electronic form due to lack of legal framework in India. Globalized technological changes have created a new global economy powered by technology, fuelled by information and driven by the concept of e-governance of the ‘government’. The present paper will analyze the challenge of digitized government and will seek answer to the question mentioned above related to Cyber Security in IT- enabled environment of digitized government of India. IT Act 2000 (as amended in 2008) will be critically analyzed and evaluated to find out its efficacy and limitations in ensuring security of e-governance of India.

Exploring verbal and physical workplace violence in a large, urban emergency department

BackgroundViolence directed at healthcare workers (HCWs) is common and may be more frequent in the emergency department (ED). In addition to physical injury, other consequences of workplace violence in the ED include an increased risk of burnout, post-traumatic stress disorder, reduced job satisfaction, and feelings of avoidance and futility. Understanding behaviors underlying workplace violence is the first step to employing mitigation strategies. The objective of this descriptive study was to assess the prevalence and types of violence against HCWs in a large, urban ED. MethodsThis study took place in the ED of an urban hospital with an annual ED census of approximately 100,000. A previously existing general patient safety incident “dropbox” for HCWs was utilized to capture workplace violence reports. At the completion of the study period, all data was collated into the electronic database and each report was categorized based on the nature and severity of the abuse. Further, all events were also coded as either involving or not involving specifically racist, sexist, or homophobic content. The primary outcomes were the number of reported events over the study period, and the percentage of total events that fell into each category. The secondary outcomes were the overall prevalence and ratio of events that included racist, sexist, or homophobic language or provocation. ResultsOver the 5-month survey period, 130 reports of workplace violence were recorded, on average 0.85 per day. Perpetrators were mostly male, and most victims were nurses. Hospital security was involved in 26% of cases. At least 37% of incidents involved patients that were intoxicated and/or had history of psychiatric illness. Type I events (swearing provocatively, shouting, and legal threats) were the most common at 44% of encounters while 22% involved physical violence. Racist, sexist, and homophobic comments were involved in 8 (6%), 18 (14%), and 3 (2%) incidents respectively. ConclusionWe found that workplace violence against HCWs was common in this study, and sometimes involved a component of racist, sexist, or homophobic bias. Consistent with previous ED literature, we found that abusive events occurred almost daily and that approximately 20% of events involved physical violence. Future efforts toward policy change to address workplace violence in health care is needed at local, state, and national levels.

"The Last Piece of the Puzzle that Makes all the Difference in the World:" Team-Facing Medical-Legal Partnership for Reproductive Care Teams.

As reproductive freedoms in the U.S. undergo significant rollbacks, vital reproductive health services - and the care teams delivering them - face escalating legal threats and complexity. This qualitative case-control community-based participatory research study describes how legal problem-solving supports for reproductive care teams serving mothers with opioid use disorder are protective for both patients and care team members. We describe how medical legal partnerships (MLPs) can promote Reproductive Justice and argue for wider adoption of care-team facing legal supports.

Plan(et) A: Addressing the Climate Crisis

Plan(et) A:Addressing the Climate Crisis The SAIS Review Editorial Board Human-driven climate change poses a continual and existential threat to our planet. This crisis disproportionately impacts developing nations and indigenous populations and inhibits human and economic development around the world. Annually, climate change-induced extreme weather events take thousands of lives, displace millions, and destabilize governments. These challenges have reached new heights in recent years as historic flooding in Nigeria and Pakistan uprooted tens of millions; devastating wildfires engulfed Greece, Italy, and Spain; and melting glaciers precipitously elevated global sea levels, threatening to erase coastal populations and small island nations. Less than two years ago marked the end of the world's warmest decade on record. From widespread economic insecurity to exacerbated military conflicts, the climate crisis poses intersectional, unabating threats to world peace and stability. Despite these momentous challenges set before our generation, the editors of the SAIS Review of International Affairs remain optimistic. Our optimism is abundant as Johns Hopkins University's Paul H. Nitze School of Advanced International Studies (SAIS) enters its 80th year and a new building at 555 Pennsylvania Avenue NW in Washington, DC during the Summer of 2023. Writing for the SAIS Review in Autumn 1963, SAIS Professor Paul Linebarger characterized the creation of our school twenty years prior as persisting on "the basis of nothing but a little money, a lot of hope, and enormous talent." In the six decades since his writing, SAIS has cultivated countless students prepared to meet the United States' and the world's most pressing challenges, outlined each year in the pages of the SAIS Review. This edition of the SAIS Review of International Affairs has the bittersweet distinction of being the last edition published from our office in 1619 Massachusetts Avenue, and the first dedicated entirely to assessing the impacts of climate change and practical policy solutions to address its root causes. Plan(et) A: Addressing the Climate Crisis explores the intersectionality of climate change with major global trends and challenges including energy, financial systems, governance, injustice, and state sovereignty. The issue begins with Anne Andreassen and Connemara Doran, who analyze the negative impact of climate change on electrical grid resilience using the 2021 Texas polar vortex as a case study, weather data, and data on [End Page 1] mixed sources of electricity generation. The authors determine that resilience is a global challenge because it is local: each climate-induced crisis provides lessons for averting disaster elsewhere. They explain that officials must address local resilience gaps to avoid using natural gas as a "bridge fuel" in the transition to renewable forms of electricity generation. While the transition to nonfossil fuels is ongoing and necessary to address the impacts of climate change, interdependence on different energy sources may exacerbate resilience gaps in electrical grids. The Texas polar vortex and other intense weather events linked to global warming highlight the need to address local resilience gaps to manage the impact of climate-induced energy crises. The next two works address country- and region-specific concerns and opportunities related to combating climate change. Wilder Alejandro Sánchez writes about the need for Kazakhstan to implement a comprehensive domestic green strategy and a green multivector foreign policy. The Central Asian state has faced environmental challenges with greater frequency in recent years. A severe drought in the summer of 2021 gravely impaired agricultural industries throughout the country. Kazakhstan, known for its steppe, will struggle to keep its terrain green in the long term. Sánchez argues that Kazakhstan can and will be able to protect its land and waters through sound "green" policies, which will require leadership, foresight, and collaboration with allies. Nitya Labh highlights the existential and legal threats of climate change for Pacific Island states and peoples. She outlines how climate change disproportionately affects small island developing states (SIDS), including Vanuatu and its Pacific Island neighbors. The author explains that Pacific SIDS confront sea-level rise, ocean acidification, and extreme weather events, which threaten their existence; sovereignty; and legal, economic, and cultural survival. Labh assesses that international maritime law insufficiently safeguards small island states from the harsh impacts of climate change, despite strides taken through the...

The Legal Threat of Climate Change to Small Island States

Climate change threatens the sovereignty of Pacific Island countries. Sea level rise, wave inundation, and extreme weather events will erode coastlines and undermine the habitability of small island developing states. Together these effects raise new legal questions about the sources of island-state boundaries, identity, and political legitimacy. The Pacific Island region has made efforts over the past few years to secure their maritime boundaries in response to sea level rise, but these actions are limited in scope. Despite regional initiatives like the Pacific Boundaries Project and Vanuatu's case for the International Court of Justice, there are several outstanding considerations for policymakers. Overall, international maritime law was not written with climate change in mind, leaving small island states among the most vulnerable to both physical and legal damage.

Legal Threats to the Right to Protest

Legal Threats to the Right to Protest

Penyuluhan Metode Restorative Justice dalam Penanganan Prilaku Bullying Di Sekolah

The activity was motivated by the many reports of bullying cases carried out between students and teachers and students in the school. The school should be a safe and comfortable place for students to study. So that the behavior of students who cross the line and lead to acts against the law in the form of bullying is very worrying. This concern is very justified considering the negative impact caused by physical, verbal, psychological and virtual bullying on social media. Therefore, legal counseling is needed regarding the dangers and legal threats to the behavior of acts of bullying and the handling of acts of bullying using restorative justice methods. This activity is carried out using a participatory learning and action model through lectures, discussions, accompanied by actions against bullying behavior. The results of this activity indicate that there are similarities in the goals and expectations of the school as the purpose of this activity regarding education and handling of bullying behavior in schools. Schools want the settlement of cases in schools to be avoided from legal threats by replacing using a restorative approach as the school's function is to educate children.

International Special Operations: Concept, Problems of International Legal Support, Countering Challenges and Threats to the Security of States

The problem of the implementation of international legal support of special operations is a natural, historically determined and in fact staying beyond the conventional scope of international law. In fact, this is an emerging international custom based on the practice of states in defending national interests in conditions of competing jurisdiction, the legalization of the resources of the «shadow» economy, the spread of the Darknet, the development of new ways and means of warfare and its propaganda. The transnationalization of organized crime, its links with international terrorism, corruption, cybercrime, attempts to build national security systems at the expense of the security of others, the destructive ideology of national domination, accompanied by the «privatization» of state sovereignty by non-state actors, substantiates the practice of implementing special operations against existing and newly created existential challenges and threats to the security of states.The institutionalization of some types of international special operations is obvious, based on the provisions of the UN Charter, multilateral and bilateral agreements, correlates with the activities of regional security systems (Collective Security Treaty Organization — CSTO, North Atlantic Treaty Organization — NATO, League of Arab States — LAS, Organization of American States — OAS, Organization for Security and Co-operation in Europe — OSCE, etc.). The uniqueness of special operations in each specific case, the impossibility of their absolute legal settlement, especially in the military-political sphere, raises the question of the need to revise a number of provisions of the UN Charter as ineffective, the formation of new (unipolar) regional mechanisms for monitoring their implementation, the activation of special scientific research in this area.

There's No Place Like Home(land) in American and Soviet Fantasy Cinema of 1939: The Wizard of Oz and Vasilisa the Beautiful

There's No Place Like Home(land) in American and Soviet Fantasy Cinema of 1939: <i>The Wizard of Oz</i> and <i>Vasilisa the Beautiful</i>

Theatrical Arbitration in Georgian England

ABSTRACT The connection between theatre and the law has been much explored, and especially the theatricality of the courtroom, which developed in the late Georgian era. This article seeks to look beyond the law to a wider culture of dispute settlement, of which legal proceedings were only a single subset, and in some ways a deeply unpopular one. The business of theatre provides a window onto this culture, not least because theatre proprietors were extremely disputatious, both due to their personality and for a range of structural and legal reasons, including the monopolistic regime of theatre patents. The resolution of disputes was often performative, requiring a repertoire including legal threats and suits, but mediation and arbitration might provide cheaper and quicker resolution, with less reputational damage. Indeed, arbitration was so familiar to theatre folk that it featured in plays, which explored its wider cultural meaning. Managing theatre arbitrations was also politically charged, because of the political language used, the involvement of the political and aristocratic elite, and the immediate need to resolve disputes with audiences and even pacify riots. This article thus seeks to affirm the importance of arbitration in the interconnected areas of Georgian theatre, law, business and politics.

The environmental challenges of AI in EU law: lessons learned from the Artificial Intelligence Act (AIA) with its drawbacks

PurposeThe paper aims to examine the environmental challenges of artificial intelligence (AI) in EU law that regard both illicit uses of the technology, i.e. overuse or misuse of AI and its possible underuses. The aim of the paper is to show how such regulatory efforts of legislators should be understood as a critical component of the Green Deal of the EU institutions, that is, to save our planet from impoverishment, plunder and destruction.Design/methodology/approachTo illustrate the different ways in which AI can represent a game-changer for our environmental challenges, attention is drawn to a multidisciplinary approach, which includes the analysis of the initiatives on the European Green Deal; the proposals for a new legal framework on data governance and AI; principles of environmental and constitutional law; the interaction of such principles and provisions of environmental and constitutional law with AI regulations; other sources of EU law and of its Member States.FindingsMost recent initiatives on AI, including the AI Act (AIA) of the European Commission, have insisted on a human-centric approach, whereas it seems obvious that the challenges of environmental law, including those triggered by AI, should be addressed in accordance with an ontocentric, rather than anthropocentric stance. The paper provides four recommendations for the legal consequences of this short-sighted view, including the lack of environmental concerns in the AIA.Research limitations/implicationsThe environmental challenges of AI suggest complementing current regulatory efforts of EU lawmakers with a new generation of eco-impact assessments; duties of care and disclosure of non-financial information; clearer parameters for the implementation of the integration principle in EU constitutional law; special policies for the risk of underusing AI for environmental purposes. Further research should examine these policies in connection with the principle of sustainability and the EU plan for a circular economy, as another crucial ingredient of the Green Deal.Practical implicationsThe paper provides a set of concrete measures to properly tackle both illicit uses of AI and the risk of its possible underuse for environmental purposes. Such measures do not only concern the “top down” efforts of legislators but also litigation and the role of courts. Current trends of climate change litigation and the transplant of class actions into several civil law jurisdictions shed new light on the ways in which we should address the environmental challenges of AI, even before a court.Social implicationsA more robust protection of people’s right to a high level of environmental protection and the improvement of the quality of the environment follows as a result of the analysis on the legal threats and opportunities brought forth by AI.Originality/valueThe paper explores a set of issues, often overlooked by scholars and institutions, that is nonetheless crucial for any Green Deal, such as the distinction between the human-centric approach of current proposals in the field of technological regulation and the traditional ontocentric stance of environmental law. The analysis considers for the first time the legal issues that follow this distinction in the field of AI regulation and how we should address them.

Pandemic and the human factor

As the staffing crisis in the UK deepens, it is time for the policy-makers and professional bodies to rethink the approach to the most vital and yet most fragile component...

Post-separation abuse: A concept analysis.

To report an analysis of the concept of post-separation abuse and its impact on the health of children and adult survivors. Concept analysis. A literature search was conducted via PubMed, Cochrane and Embase and identified articles published from 1987 to 2021. Walker and Avant's (2019) eight stage methodology was used for this concept analysis, including identifying the concept, determining the purpose of analysis, identifying uses of the concept, defining attributes, identifying a model case and contrary case, antecedents and consequences and defining empirical referents. Post-separation abuse can be defined as the ongoing, willful pattern of intimidation of a former intimate partner including legal abuse, economic abuse, threats and endangerment to children, isolation and discrediting and harassment and stalking. An analysis of literature identified essential attributes including fear and intimidation; domination, power and control; intrusion and entrapment; omnipresence; and manipulation of systems. Antecedents to post-separation abuse include patriarchal norms, physical separation, children, spatiality and availability, pre-separation IPV and coercive control and perpetrator characteristics. Consequences include lethality, adverse health consequences, institutional violence and betrayal, such as loss of child custody and economic deprivation. This concept analysis provides a significant contribution to the literature because it advances the science for understanding the phenomenon of post-separation abuse. It will aid in developing risk assessment tools and interventions to improve standards of care for adult and children survivors following separation from an abusive partner. This concept analysis of post-separation abuse provides a comprehensive insight into the phenomenon and a theoretical foundation to inform instrument development, future research and intervention. Post-separation abuse is a complex, multi-faceted phenomenon that requires differential social, legal and healthcare systems responses to support the health and well-being of survivors and their children.

Conservation Science and Discursive Violence: A Response to Two Rejoinders

We respond to two rejoinders to our review article “Science for Success,” which proposed fuller contextualization of epistemological approach, researcher position and interests in conservation research. This way readers—including reviewers and journal editors—can better understand and interpret findings. We suggest this contextualization is particularly important when conservation and development professionals undertake research about programs they are involved in, as this can potentially create a conflict of interest. Both rejoinders follow an extended process of complaint about our article that included academic and legal threats, and ad hominem attacks, with little engagement with the points made about researcher positionality. We consider this to be a form of “discursive violence” deployed to silence unfavorable perspectives, confirming our argument that positionality in conservation (research) begs self-reflection and transparent disclosure.

When the United States says you do not belong: Suicide-related thoughts and behaviors among immigrant young adults varying in immigration legal status.

The number of immigrants in the United States and the risk of suicide among minoritized individuals have increased. Little research has examined the impact of immigration legal status on suicide-related thoughts and behaviors (SRTB), despite theoretical and empirical work suggesting that feelings of burdensomeness and failure to belong (prominent among immigrants) are risk factors. We examined a diverse sample of foreign-born young adults (18-25; N=366). Data collection utilized the Suicide Behaviors Questionnaire Revised and items probing belongingness and immigration status (undocumented/Deferred Action for Childhood Arrivals (DACA), permanent, and citizen). DACA/undocumented status was associated with increased SRTB compared with permanent and citizen categories. Increased SRTBs were associated with reduced feelings of acceptance in the United States, increased deportation fears, and increased fear of being harassed or hurt. Of these belongingness variables, only the interpersonal-not feeling welcome in the United States-partially mediated the risk relation between DACA/undocumented immigration legal status and SRTBs, whereas physical and legal threat, like deportation, did not. Our results highlight the interpersonal nature of SRTB risk in DACA/undocumented immigrants and the need for targeted culture and context-appropriate interventions, as well as advocacy and policy to reduce risk in this historically marginalized population.

How to Handle Offending Troops Overseas: The U.S. Military’s Legal Strategy During the Cold War

The peacetime deployment of U.S. forces in foreign countries goes against traditional notions of sovereignty. How did such deployment become legitimate following World War II? This article examines the legal strategy that the U.S. military employed to make American troop presence more palatable to foreign publics and to critics at home: granting certain legal authority over offending troops to host countries, while seeking to shield troops from trials in host-country courts. The military also used local, informal ties with hosts to guarantee fair legal treatment for troops and worked to convince skeptics that U.S. troops faced no legal threat. The mitigating of legal tensions helped the military create conducive political conditions for its presence abroad and likely contributed to the durability of U.S. deployments. The Cold-War practice contrasts sharply with the contemporary desire of the United States to maintain complete jurisdiction over its troops.

Association between state-level malpractice environment and clinician electronic health record (EHR) time.

Clinicians spend significant time working in the electronic health record (EHR). The US is an outlier in EHR time, suggesting that EHR-related work may be driven in part by the legal environment and threat of malpractice. To assess this, we evaluate the association between state-level malpractice climate and clinician time spent in the EHR. We use EHR metadata from 351 ambulatory care health systems in the United States using Epic from January-August 2019 combined with state-level data on malpractice incidence and payouts. We used descriptive statistics to measure variation in clinician EHR time, including total EHR time, documentation time per day, and after-hours EHR time per day. Multi-variable regression evaluated the association between clinicians in high malpractice states and EHR use. We found no association between location in a state in the top-quartile of malpractice payouts and time spent in the EHR per day, time spent in the EHR outside of scheduled hours, or time spent documenting per day, except for a subgroup of the clinicians in the highest malpractice specialties, where there was a small increase in EHR time per day (B = 6.08 min, P < 0.001) and time spent documenting notes (B = 2.77 min, P < 0.001). State-level differences in malpractice incidence are unlikely to be a significant driver of EHR work for most clinicians. Policymakers seeking to address EHR documentation burden should examine burden driven by other socio-technical demands on clinician time, such as billing or quality measurement.