Law Systems Research Articles

Is Delta-8-THC use associated with state-level cannabis policies? A content analysis from different jurisdictions in the United States.

The United States has seen a rapid increase in the use of Δ-8-tetrahydrocannabinol (Δ8-THC), a psychoactive compound similar to Δ-9-tetrahydrocannabinol (Δ9-THC). This study aimed to explore themes in Δ8-THC related tweets from U.S. jurisdictions with varying cannabis regulations from 2020 to 2022. Tweets mentioning Δ8-THC were collected using search terms: D8, Delta-8, and Delta8 THC. The tweets were date-restricted from January 21, 2020, to May 31, 2022, resulting in 139,843 tweets. The final dataset included 61,800 U.S. tweets with complete location data. A subset of 1,000 tweets (n = 250 for each legal jurisdiction) was selected for content analysis. Three main themes related to Δ8-THC emerged across all jurisdictions: 'Sales and Advertising', 'Policy', and 'Personal Use'. In states where cannabis was legal for adult use, sales-themed tweets were most prevalent, promoting product sales and discounts. 'Policy' tweets were more common in medical CBD-only (34.5%) and fully illegal (24.8%) jurisdictions than in those with legalized medical (20.4%) and adult use (20.2%). Tweets about personal use appeared at similar rates in fully illegal (27.7%), medical (25.0%), medical CBD-only (24.5%), and fully legal jurisdictions (22.8%). Reports of adverse effects were frequent in tweets from fully illegal (28.9%), fully legal (27.7%), and medical (27.7%) jurisdictions, with the lowest frequency in medicinal CBD-only (15.6%) jurisdictions. The current study on the public discourse on Twitter indicates that discussions about the use and marketing of Δ8-THC are present in all U.S. jurisdictions, not just those without legal recreational cannabis markets.

State of Reciprocity: The “Looping Effect” in the Circular Production of Colonial Knowledge, Social Customs, and Tax Policy in Nineteenth- and Twentieth-Century Indonesia

Abstract This article traces Hacking's “looping effect” in colonial policies and practices of taxation, coerced labour, and governance in Indonesia. It argues that knowledge production for the purpose of taxation was a two-way, interactive process which was in particular influenced by complexes of local indigenous social organization, institutions, mentalities, and behaviour as expressed through adat (Indonesian systems of political-social norms and customary law). Such patterns and systems, the article reveals, were internalized into and started working reciprocally with colonial policy, knowledge production, and administrative practices. Taxation made up and changed people, but underlying strategies to categorize and “make known” subjects were also recognized and actively used, evaded, or influenced by these subjects and by local intermediaries. Consequently, colonial knowledge created an institutional framework that reoriented the self-perception of these subjects and intermediaries, which then changed and reconditioned popular responses to the colonial state. Systems of colonial knowledge were thus modified to eventually fit the realities they were supposed to describe, influence, and legitimize, creating a looping effect between colonial, “made up,” and actual social realities.

Law, justice and decoloniality in Petina Gappah’s works: an Ubuntu perspective

ABSTRACT The emergence of law and literature as a transdiscipline has unravelled fascinating insights into the role of literary imagination in raising pertinent jurisprudential questions and envisioning alternative legal universes. The literary front can expand legal literacy, humanise the law, and offer perspectives that are otherwise overlooked in conventional jurisprudence. This article explores Petina Gappah’s representation of law and justice in The Book of Memory (2015) and Rotten Row (2016), focussing on how she innovatively deploys politico-aesthetic means to expose ambiguities, ambivalences and inadequacies in Zimbabwe’s legal system. It contends that Gappah uses the literary medium to underline how the exclusion of customary law from the country’s common law system undermines the delivery of justice. Considering that the texts are alive to the limitations of both customary and common law systems, the study argues for a legal pluralism that harnesses the progressive aspects of the two legal cultures. By drawing on Zimbabwe’s humanist philosophy of Unhu, the study places studied texts within a growing decolonial narrative that critiques the coloniality of legal frameworks in formerly colonised nations.

The efficient enforcement challenge of secured transactions law reforms in civil law systems—self-help repossession, strict foreclosure, and other methods for the acceleration of enforcement of security interests

Abstract Although the forging of an efficient system for enforcement of security interest is one of the central expectations of secured transaction law reforms in civil law systems, the results hardly give reason for satisfaction. As the reforms tend to be supported and influenced by various international organizations’ projects (especially the World Bank, the European Bank for Reconstruction and Development, the International Institute for the Unification of Private Law, and the United Nations Commission on International Trade Law), most out-of-court methods of enforcement of security interests have played a central role. Yet due to civil law’s general hostility towards self-help as such, either the introduction of the concept has been rejected or the local limited-reach kin have been merely ‘paper tigers’. Similarly, although security interests on several types of collateral (accounts, investment property) or on the workhorse of the English financial system—the floating charge—have also been enforced extrajudicially (save the exceptions), little attention has been attributed to these enforcement modalities. The same applies to strict foreclosure in civil law systems still being prohibited, or restricted, and thus rarely resorted to, due to the inherited hostility towards the doctrine of lex commissoria. Rethinking local laws on preliminary and temporary court orders to match them with such globally known ex parte preliminary measures as the English Mareva Injunction or the French Saisie Conservatoire, which allow creditors to swiftly freeze debtors’ assets and thus substitute self-help repossession, has also been given short shrift. The enforcement segment, consequently, remains the Achilles’ heel of secured transaction law reforms in civil law systems. This article desires to contribute to reform literature by addressing these deficiencies and by offering tested, fully or partially fitting, functional equivalents of self-help repossession.

Ownership in the 21st century: property law of digital assets

ABSTRACT ‘If buying isn’t owning, then piracy isn’t stealing,’ is a common refrain on the internet. With this in mind, the article delves into the landscape of property rights concerning digital assets, debunks common misconceptions and clarifies their legal position in the evolving economy. Through an analysis of their intangible nature, the article argues that digital assets are more akin to intellectual property than to tangible assets. Drawing on a spectrum of case law recognising digital assets as objects of property rights, it examines property law in various legal systems, ranging from common law jurisdictions such as the United States, the United Kingdom and New Zealand, to civil law systems such as Germany, China and Poland. It also explores the notion of digital assets as contractual claims and navigates the complexities of conflicts of laws, advocating for a universal framework to protect digital property and data ownership beyond the realm of Non-Fungible Tokens (NFTs).

Ethical Ramifications of the Dark Side of Business Practices in the International Business Area

ABSTRACTThe dark side of international business practices has attracted significant research attention recently. However, researchers are struggling to delve into the ethical ramifications of these practices because of a limited understanding of ethical and digital transformation issues in international business, which may be caused, inter alia, by sociocultural and market disparities, lack of regulatory frameworks, information asymmetries, data ubiquity, and power imbalance among key stakeholders. This paper addresses this important gap through four key themes—ethical considerations, data processing issues, legal considerations, and managerial contingencies. We discuss how to step forward in research on ethics in international business, assessing potential risks associated with privacy concerns, big data, cybersecurity, content analysis, stakeholder relationships, and discriminatory outcomes. Finally, we propose a research agenda and recommendations to address the ethical challenges and dilemmas international businesses face due to disruptive technologies (e.g., artificial intelligence) and cross‐market challenges (e.g., legal jurisdictions).

Recommendations from the ABA Commission on Youth at Risk Convening – “Renewal and Revolution: Recommitting the Legal Profession to Serve Children and Youth, their Families, and Communities”

AbstractYouth and families impacted by legal systems now resoundingly attest to the systems' lasting harm, echoed by interdisciplinary research. Lawyering thus requires a vastly renewed outlook, boldness, and honest inquiry about the limits of what the law and public systems can (and should) attempt as purported problem‐solving amidst broader socioeconomic forces and injustice. This report synthesizes recommendations from a groundswell of diverse, dedicated voices following an October 2023 convening hosted by the American Bar Association Commission on Youth at Risk, the ABA Center on Children and the Law, and Hofstra University's Maurice A. Deane School of Law. Entitled “Renewal and Revolution: Recommitting the Legal Profession to Serving Children and Youth, Their Families, and Communities,” the convening engaged various professionals—many with firsthand experience in foster and justice systems— and other advocates. Since the 2006 ABA Youth At Risk Initiative Planning Conference, the ABA Commission on Youth At Risk has elevated the representation and voice of youth through ethical practice standards, expanded access, and national initiatives. This report recounts findings of the 2023 convening's four working groups which met for two‐days of (often tense) discussions to chart a path for the legal profession, law, and policy for the next decade and beyond. Priorities include: transcending conceptions of youth “at risk” towards recognition of harms done, a strengths‐based lens, and lived experience leadership and expertise; cultivating next generation attorneys; prioritizing early family defense and diversion; divesting from systems and re‐investing directly with youth and families; and further eliminating racial disparities.

Artikel 48 der Weimarer Verfassung: Hugo Preuß und Carl Schmitt im Streit über den „Diktaturartikel“

The abuse of Article 48 of the Weimar Constitution during the late presidency of Hindenburg has been criticized in many previous studies as one of the key factors of the collapse of the Weimar Republic that led to the establishment of the Third Reich, resulting from the lack of understanding of the parliamentary democracy. Whereas those criticisms have arisen primarily from the analysis of the consequences, this paper analyzes the issue of the executed presidential emergency powers with an integrative approach by comparing the arguments by Preuß, the drafter of Article 48, and Schmitt, taking into account the perspectives of members of the constitutional assembly as well as their contemporaneous intellectuals. While Preuß and Schmitt may appear generally contrastive in their beliefs and theories, some implicit logical agreements are observed, such as those on their interpretations of the relation between the first and the second sentences in Article 48, paragraph 2, and their thoughts regarding the handling of the law of the Reich that should be in Article 48, paragraph 5. With the findings of their commonalities and others in their theories, this paper attempts to contribute to refining the current systems of law and democracy for emergency situations in various contexts.

Gender diversity on corporate boards: international evidence on commitment to United Nations Sustainable Development Goals

PurposeCountries globally have implemented policies or regulations promoting greater gender diversity in boardrooms. We investigate whether gender diversity on corporate boards leads to higher Sustainable Development Goals (SDG) commitment through these disclosures.Design/methodology/approachUsing 16,659 firm-year observations across 42 countries for the years 2019 and 2020, we use disclosure data from the Refinitiv database to measure the sample firms’ stated commitment to sustainable development.FindingsOur data provide useful comparative information on the countries, legal jurisdictions and types of SGDs currently being disclosed. Our analyses reveal that gender diverse boards are associated with greater levels of SDG disclosures, with such commitment being more significant when there is more than one woman on the board. We also find that women board members are associated most with the PEOPLE and PLANET groups within the SDGs, and our results are robust to additional analyses and endogeneity concerns.Originality/valueAlthough gender diversity has been examined within a corporate social responsibility and ethical, social and governance lens, this examination needs to be extended to the SDGs, given the latter’s multi-year horizon and involvement from governments, the private sector and a very broad cross-section of the global community. Our results reinforce global calls for increasing gender representation at the highest levels of organisations to meet the expectations of a greater range of stakeholders in terms of SDG commitment.

Legislative Legal Politics of Inheritance Law in Indonesia

This article is the result of research on the legal politics of inheritance law legislation in Indonesia. This study employs normative research methods, focusing on literature review and legal documents to understand the principles and regulations in force. Through the approach of case analysis, legislative analysis, and an examination of legal politics in Indonesia, the research delves into the relevant aspects. Data analysis was used to identify and understand legal norms related to inheritance distribution within the systems of customary law, Islamic law, and civil law in Indonesia. The research findings indicate that there are still many cases of inheritance disputes in Indonesia due to the ongoing discrepancies between Islamic law and customary law, civil law and Islamic law, as well as customary law and Islamic law, which leads to conflict. This can be observed through the increasing number of cases submitted regarding inheritance disputes, whether in religious courts, district courts, or handled through customary law mechanisms in Indonesia each year. However, civil law can be considered an alternative in addressing inheritance law issues in Indonesia. This is evident in the civil inheritance distribution system, which is considered fair, without discrimination between men and women

Beyond the blinders: Disclosing the episteme of land ownership to re-frame legal and economic values in planning

Among the values conceptualising and measuring planning processes and outcomes, two play a prominent role in liberal democracies: legal and economic. Current conceptions and practices framing these values face substantial challenges: civil law systems do not account for the variety of land use situations, increases in wealth inequalities, and human activities which threaten planetary boundaries. A way to tackle these challenges is to analyse the current theoretical discourse and legal norms framing values in planning, study alternative conceptions, and outline new responses. The present article investigates how a paradigm shift in planning theory may open new avenues for conceptualising legal and economic values. To do so, it first compares the episteme of land ownership defined by two theories applied to planning: law-and-economics and land master theory. Second, drawing upon the comparison, the article discusses how the strengths of each theory may contribute to filling the gaps of the others. Identified gaps are: the integration of political aspects into the analysis, the conceptualization of collective and use-specific forms of ownership, and methodological issues. These gaps mirror the western legal conception of land ownership, defined as individual and absolute. Fourth, based on collective and use-specific land management practices that develop within the western legal framework, and theoretical inputs from land master theory, the article puts forward a transduction of legal norms that foster a more sustainable conception of land ownership, known as land stewardship.

Соотношение права на соразмерное уменьшение цены с возмещением убытков: сравнительно-правовой аспект

The work is devoted to the comparative analysis of the proportionate price reduction in the context of its comparison with damages in international instruments of unification of private law and foreign legislations. The author comes to the conclusion that Civil law systems and instruments of private law unification have a legal tradition of distinguishing between price reduction and damages as separate remedies, which may provide a considerable argument for distinguishing between these remedies in Russian law.

Penal systems in the criminal law of Ukraine and the USA: comparative legal analysis

Penal systems in the criminal law of Ukraine and the USA: comparative legal analysis

How Can Newborn Toxicology Testing Be More Equitable? An Interactive Ethics Workshop.

Practice variation in newborn toxicology testing during the birth hospitalization exists across institutions and legal jurisdictions. While testing can provide benefits, indiscriminate testing has been shown to perpetuate health care inequities. In the backdrop of an opioid epidemic and a charged medicolegal landscape, this workshop guides participants to reexamine newborn toxicology testing through a shared ethical lens. We conducted a live, 90-minute workshop in English at an international pediatric conference. Physicians, residents, and fellows participated in large- and small-group breakout sessions to learn relevant clinical and bioethical frameworks, share their own local context and expertise, and explore ethical applications through case-based discussions. We administered two anonymous online follow-up surveys to assess self-perceived impact on participant knowledge, behavior, and clinical practice. Seven facilitators and 45 individuals participated in the workshop. Eighteen participants completed survey 1 immediately following workshop conclusion, and six participants completed survey 2 after 3 months had elapsed. Immediately following the workshop, 94% of respondents reported that they had been introduced to a new idea, and 82% were considering practice change. A low response rate to survey 2 limited interpretation, but some respondents reported self-perceived change following workshop attendance. This workshop facilitated conversation between physician participants on a complex pediatric health care inequity issue using an ethical framework.

Development in Parliamentary Oversight of Government Work in Light of the 2020 Constitutional Amendment (Algeria)

In most comparative law systems, the role of parliament is not limited to issuing various types of legislation and improving the legislative framework. It goes beyond its fundamental function of legislating to include another important role: oversight, specifically the restraining role over the actions of government members in certain cases defined by the Constitution. Parliament exercises this oversight role alongside its legislative function. It is also important in maintaining public interest and evaluating the government’s work by questioning its members on the progress and execution of agreed-upon projects. Referring to the Algerian system, we find that the Algerian Parliament, which consists of two chambers—the National People’s Assembly (APN) and the Council of the Nation—exercises oversight over the government’s actions. The first chamber, the APN, primarily does this. Consequently, this type of oversight may sometimes lead to political accountability, which can result in either the resignation of the Prime Minister or the dissolution of the first chamber of parliament. These mechanisms include the motion of censure and the interpellation process.

Advancing Justice Through Technology: A Comparative Analysis of Data-Driven Approaches to The Burden of Proof in Criminal Cases in The USA and Pakistan

In this paper, the burden of proof in criminal justice is examined concerning technological innovations: The United States and Pakistan A Comparative Analysis. This paper looks at how digital evidence, much like forensic technologies and AI have impacted the legal proceedings, especially on aspects of discovery up come to scrap for proof. The research uses a mixed methods approach through case analysis and interviews with legal professionals to illustrate some of the benefits and barriers on deploying technical solutions in criminal justice. The study concludes that these innovations improve the reliability and efficiency of legal processes while posing significant challenges for developing legals frameworks, reliable evidencing practice or regulations, as well as clear ethical standards. The findings illustrate the divide between digitally rich and poor law systems, highlighting that effective legal reforms must be accompanied by sustained training for justice sector officials with a nuanced approach buttressing core human rights such as data privacy or presumption of innocence. This research adds to the rich literature on technology in justice and provides important lessons for policy makers, legal professionals, academics who wish to transform the criminal justice system of the future by leveraging digital technologies.

The EU Divorce Jurisdiction of Brussels IIB Regulation and Its Implementation in Austria

To accommodate the needs of its citizens in building relationships across borders, the EU has provided several regulations. Since its first establishment in 2000, the EU regulations on divorce and legal separation jurisdiction have been amended twice. There are some significant changes in this jurisdiction, from its original regulation in 2000 to its amendment version in 2003 up to the current version that was established in 2019. This paper tries to investigate the implementation of the current ruling EU instrument in Austria through three approaches by evaluating: 1) the infringement cases, 2) preliminary ruling proceedings, and 3) further official actions conducted by Austria. It can be concluded that Austria has never been accused of any infringements of the three regulations. The court judgments of the two proceedings of preliminary ruling submitted by Austrian courts concerning Brussels IIA Regulation are also in accordance with the regulated law of EC No 2201/2003. The establishment of an introductory decree on the summary and legal explanations of the Council Regulation EU No 1111/2019 by Austria is a very good practice that can be adopted by other EU member states. Therefore, this paper suggests that Austria has effectively implemented the 2019 EU instrument.

Legal Protection of Land Rights in Mixed Marriages Ending in Divorce

General Background: Mixed marriages in Indonesia face legal complexities, especially regarding property division upon divorce due to differing national laws. Specific Background: Conflicts between the Basic Agrarian Law (UUPA) and the Civil Code (KUHPerdata) complicate land ownership rights in these marriages. Knowledge Gap: Few studies address the protection of Indonesian citizens’ land ownership rights in mixed marriages ending in divorce. Aims: This study analyzes the legal protection of these rights and identifies existing obstacles. Results: Key challenges include legal jurisdiction complexities and a lack of prenuptial agreements, leading to legal uncertainties. Novelty: This research focuses on the interplay between national land ownership laws and international marital dissolution. Implications: The study suggests the necessity for stronger prenuptial agreements and reforms to better protect land ownership rights post-divorce, enhancing legal certainty and fairness. Highlights: Legal Conflicts: Highlights how discrepancies between the UUPA and KUHPerdata complicate land ownership rights. Prenuptial Agreements: Emphasizes the critical need for robust prenuptial agreements in mixed marriages. Legal Reform: Calls for reforms to improve legal protections for land ownership rights post-divorce. Keywords: Mixed Marriage, Land Ownership, Divorce, Legal Protection

Do cultural differences affect the share price puzzle?

We examine the impact of cultural differences on nominal share prices across 63 countries from 2002 to 2018. Using institutional and catering theories, we assess how cultural dimensions—including World Governance Indicators (WGI), legal systems, religious influences, and GLOBE dimensions—affect the spatial heterogeneity of share price levels. Our findings indicate that share prices are higher in countries with common law systems and comprehensive information reporting, as these environments tend to attract institutional investors. Conversely, cultural traits emphasizing altruistic values correspond with lower share prices, reflecting the preferences of individual investors.

THE LEGAL CONCERNS OF THE SETTLEMENT DISPUTES BY THE COUNCIL ON THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

Background: The International Civil Aviation Organization (ICAO) is a “Club” of sovereign States. ICAO is a specialised United Nations agency (UN) with 193 Member States. If a dispute between these States and the diplomatic channels does not find a mutual solution, disagreement arises; however, the ICAO Council has an essential function in settling disputes. This settlement procedure is structured under the Chicago Convention (1944), the Rules for the Settlement of Differences (1957) and the Rules of Procedure for the Council (1969). However, Member States do not welcome these provisions, demonstrated by the scarcity of dispute settlement procedures before the ICAO Council in the last 80 years. This article introduces these legal disputes and looks for justifications based on the nature of the cases. The Council is a unique permanent body within ICAO. Although ICAO in the former century became rather a political (diplomatic) body upon its foundation, that is why the absence of successfully concluded dispute resolutions is a legal viewpoint that is more than interesting. This research paper reveals examples of the lack of effectiveness of the ICAO Council’s dispute settlement, focusing on the nature of the State’s interests and the outcomes of the procedure, furthermore, the role in these disputes in front of the International Court of Justice (ICJ) or arbitration. Methods: This article focuses on understanding and analysing the historical context, international cooperation and diplomacy, and the regulatory landscape of dispute resolutions and settlements. The search was based on databases, academic journals, and official publications from aviation authorities and organisations such as ICAO. The research utilised qualitative and quantitative methods based on empirical observations and examinations (document analysis and case studies). Results and conclusions: The ICAO Council has rule-making, judicial and administrative functions. It is a quasi-judicial body, and its President has the authority to settle disputes among the contracting States. However, if we look at the history, in the last 80 years, only 10 cases were handled by the ICAO Council. The main reason for the lack of ICAO Council dispute settlement decisions is the growing diplomatic (political) function of the ICAO Council. Aviation is a crucial commercial activity for every State, meaning the aviation industry is determined by political interests and decisions. Such political interests and subtle international relations often prevent States from submitting themselves to binding legal procedures. Another reason for fewer disputes before the ICAO Council is the need for more provisions and rules to support transparent and legally binding decisions. The current rules are neither appropriate nor comprehensive enough and cannot be executed in the same manner as court decisions. In addition, the ICAO Council’s decision can be appealed to non-ICAO bodies such as the International Court of Justice. Therefore, it is highly recommended that the whole processual mechanism be revised or that a new, dedicated judicial body with clear legal status, jurisdiction, and competence for dispute resolutions be created.