Twenty-seven of fifty states require a criminal conviction to terminate the parental rights of a rapist. If a rape results in pregnancy and a woman chooses to carry that pregnancy to term, she may be subjected to fight her rapist in court over the parental rights of the child. In 2015, Congress passed the Rape Survivor Child Custody Act to incentivize states to lower this standard to “clear and convincing

For some time now, the family courts in Singapore have recognised that in the area of family disputes, a more conciliatory and less adversarial approach is required to achieve better outcomes for families. Hence, since the mid-1990s, mediation and counselling programs have been incrementally introduced into the family justice process, culminating in compulsory court mediation and counselling for divorcing

‘I don't know what I'm doing’ - a phrase often uttered by pro se litigants. The number of pro se litigants appearing in family court proceedings is on an upward trend. Steps must be taken to assist pro se litigants navigate the muddy waters of the family court system. The concept of trained paraprofessionals to assist pro se litigants in court has garnered interest in recent years. Incorporating these

The IRS offers an Innocent Spouse Protection provision allowing innocent spouses protection from the consequences of their partner's tax fraud if they filed a joint return. However, this protection fails to protect the most vulnerable innocent spouses – domestic abuse victims. The IRS has tried to help domestic abuse victims in tax fraud situations; however, their attempts have been unsuccessful as

Abstract This article concerns remedial design by courts in cases where constitutional rights are jeopardised by a recalcitrant administration. We focus on the recent judgment of the South African Constitutional Court in Bhekindlela Mwelase v Director-General for the Department of Rural Development and Land Reform – in particular its doctrinal innovation in appointing a Special Master to oversee the

(2021). Transparency: New trajectories in law. South African Journal on Human Rights. Ahead of Print.

The anticipatory reasonable adjustment duty, introduced by the Disability Discrimination Act 1995 and now found in the Equality Act 2010, has been hailed as an innovative and proactive tool for embedding disability equality in services and public functions. Despite important successes, the duty has had a surprisingly low profile in academic scholarship and has struggled to fulfil its practical potential

ABSTRACT The 1982 Turkish Constitution established a legal system aimed at ensuring state efficiency and stability more than the full respect of the rule of law. In the last decade, the latter is undergoing a democratic decay. The currently dominant Islamic Populism is reinterpreting fundamental concepts of constitutional democracy to entrench a paternalistic majoritarian vision of the law-making process

ABSTRACT The two chambers of the French parliament are known to be among the weakest in Europe since the Constitution of the Fifth Republic restricts their role. This weakness is an incentive for MPs to go local and adopt the constituency representation model. However, the magnitude of parliamentary renewal (416 newly elected members) following the 2017 elections combined with the entry into force

In this review, I summarize Elinor Mason’s Ways to be Blameworthy and raise some worries concerning three aspects of her book: her account of the knowledge condition on moral responsibility, her notion of blame and its justification as well as Mason’s conception of extended blameworthiness.

ABSTRACT In many legal systems, preliminary proceedings and the prosecutor’s charging decision predict the outcome of the trial, as reflected in high conviction rates. This charging decision is mostly based on the final police report, which is primarily aimed to substantiate the given suspicion and may lead to a preponderance of incriminating evidence. We investigated if a written statement by the

Recently quantum probability theory started to be actively used in studies of human decision-making, in particular for the resolution of paradoxes (such as the Allais, Ellsberg, and Machina paradoxes). Previous studies were based on a cognitive metaphor of the quantum double-slit experiment—the basic quantum interference experiment. In this paper, we report on an economics experiment based on a triple-slit

Religious freedom is protected by section 2(a) of the Canadian Charter of Rights and Freedoms. Historically, the right has been understood in individual terms, though the courts have acknowledged a collective dimension to religion as expressed in a community of believers. Yet, the precise meaning of collective religious freedom has not been fully fleshed out. The current case law only encompasses a

Sex workers are commonly claimed to be at heightened risk of fatal victimization. Although prior research indicates that the dynamics of sex worker homicides resemble sexual homicides more than nonsexual homicides, little is known about how these types of homicides compare in terms of offending patterns. This study considers a sample of 2,851 single-victim, single-offender homicide cases extracted

The perpetration of murders by juveniles (individuals under age 18) has been a serious concern in the United States since the 1960s. As a result of four decisions by the United States Supreme Court during the 21st century, the likelihood that juvenile homicide offenders will be released back into society is substantially higher than it was in the year 2000. Given these changes in sentencing policies

It is well known that Nash equilibria may not be Pareto-optimal; worse, a unique Nash equilibrium may be Pareto-dominated, as in Prisoners’ Dilemma. By contrast, we prove a previously conjectured result: every finite normal-form game of complete information and common knowledge has at least one Pareto-optimal nonmyopic equilibrium (NME) in pure strategies, which we define and illustrate. The outcome

The Supreme Court on Thursday weighed in on the continuing tension between religious freedom and LGBT equality in Fulton v. City of Philadelphia, holding unanimously that a Philadelphia anti-discrimination law does not bar a Catholic foster care agency from discriminating against same-sex couples. On one read, Fulton is decidedly narrow and preserves a path forward […]

Often touted as the opposite of money and banks, crypto-assets and their ecosystem may gradually be coming to terms with the idea that their success will also depend on their issuers’ readiness to adhere to conventional financial practices, on their acceptance of the preponderant role that banks have to play in the financial system, and on their ability to access basic banking services. Some within

This paper asks whether the UK can maintain its insolvency and restructuring pre-eminence post Brexit i. e. after Britain’s departure from the European Union (EU). In the past 20 years or so, the UK is said to have become the insolvency and restructuring capital of Europe or in less politically correct terms, the bankruptcy brothel of Europe. In part, this is because of the European Insolvency Regulation

After Brexit, the United Kingdom will become a third State to all effects. As far as insolvency is related, this will imply substantial changes regarding the recognition and enforcement of the UK insolvency proceedings. This paper purports to analyze the consequences a Hard-Brexit will have on insolvency-related matters, by describing the effects that should be expected with regard to the recognition

Taking as a starting point Peter Hommelhoff’s argumentation that accounting law is, in many respects, linked to company law, the purpose of this article is to discuss one perspective of the links between accounting law and company law: accounting concepts in company law. After a brief outline of the existing EU legislation on accounting and a discussion on whether accounting law is part of company

On 5 October 2020, as part of the Capital Markets Union (CMU) project, the European Parliament adopted, in second reading, Regulation (EU) 2020 / 1503 on European crowdfunding service providers for business (‘ECSP Regulation’). This Regulation, which shall apply as of 10 November 2021, consists of rules which aim at improving access to crowdfunding for EU businesses in need of capital, particularly

This article studies the protection of retail and professional investors when financial products are sold or when investment advice is given. To this end, it clarifies the similarities and differences in the legal setting governing investment services firms in Germany and Japan, with a particular focus on a) the persons to be protected, b) information to be provided and c) private enforcement. Although

The issue of super-intelligent artificial intelligence (AI) has begun to attract ever more attention in economics, law, sociology and philosophy studies. A new industrial revolution is being unleashed, and it is vital that lawmakers address the systemic challenges it is bringing while regulating its economic and social consequences. This paper sets out recommendations to ensure informed regulatory

(2021). US-China Rivalry and Japan’s Strategic Role. The Washington Quarterly: Vol. 44, No. 2, pp. 7-19.

(2021). The Rocky Future of the US-Israeli Special Relationship. The Washington Quarterly: Vol. 44, No. 2, pp. 75-93.

(2021). Zimbabwe’s Economic Meltdown: Are Sanctions Really to Blame? The Washington Quarterly: Vol. 44, No. 2, pp. 95-120.

(2021). Orienting the 2021 Nuclear Posture Review. The Washington Quarterly: Vol. 44, No. 2, pp. 123-142.

(2021). Reducing Nuclear Salience: How to Reassure Northeast Asian Allies. The Washington Quarterly: Vol. 44, No. 2, pp. 143-158.

(2021). Cooperation under Asymmetry? The Future of US-China Nuclear Relations. The Washington Quarterly: Vol. 44, No. 2, pp. 159-180.

(2021). The Nuclear Proliferation Landscape: Is Past Prologue? The Washington Quarterly: Vol. 44, No. 2, pp. 181-197.

The recent WTO dispute case, Korea–Import Bans, and Testing and Certification Requirements for Radionuclides, illustrates complex legal issues and significant political implications associated with the regulatory autonomy of a sovereign country under the WTO Agreement on Sanitary and Phytosanitary Agreement (SPS Agreement). There has been constant tension between the sovereign right of a WTO member

The aim of the present study is to examine the possible role of psychopathic traits as a moderator of the aggression-antisociality/delinquency link. Our sample was composed of 567 youth (M = 15.91 years, SD = 0.99 years, age range = 14–18 years) from Portugal. Results indicated that psychopathic features significantly moderate four different forms and functions of aggression – proactive overt, proactive

In the transition to democracy some autocracies transformed to republics while others evolved to constitutional monarchies. The paper inquires how constitutional monarchy is established. It models a hereditary king and a liberal challenger who coexist over a succession of periods and fight for power which brings office rents and the right to decide one’s preferred policy. The outcome of the confrontation

During the last couple of centuries, the English law dealing with sexual conduct has made a decisive shift towards a ‘consent-based model’ of rape law. But strikingly, deceptive sexual relationships (DSR) have been untouched by this development as lately reaffirmed by the Court of Appeal in R v Jason Lawrence. If rape is defined as sex without consent, then DSR ought to be no exception, because the

Given weak protections for whistleblowers in Brazil – a country with over one million federal civil servants and a well-known history of corruption scandals – how common is whistleblowing? This study presents results from a survey completed by 652 federal civil servants in Brazil. Examining the incidence of wrongdoing, whistleblowing, and retaliation, as well as the role of gender and public service

Researchers and practitioners have a need for valid and generalizable typologies of juvenile homicide offenders (JHOs) to better understand the heterogeneous nature of JHOs, and use this knowledge to inform prevention efforts. Prior studies of JHOs have typically utilized a clinical approach, which is rich in data but based on small nonrepresentative samples, or relied on larger aggregate datasets

Adoptive parricide, the killing of adoptive parents by their adoptive children, is a phenomenon that garners much media attention but remains elusive in the extant literature. Previous studies on adoptive parricide have largely consisted of clinical case studies with limited theoretical explanations. The current study uses Bowlby's attachment theory as a theoretical framework to explore adoptive parricide

This paper examines the use of a specific international legal fiction. It is claimed that a legal fiction was confirmed by the Tribunal in the South China Sea Arbitration (2016). The paper asks whether this is an effective legal fiction. The paper will argue that this is not so, pointing to the difficulties that the fiction necessarily creates. From this example, lessons may be learned of the phenomenon

Critical migration studies emerged to trace how restrictive immigration contexts contribute to conditions of migrant “illegality” and deportability. More recently, researchers have turned to examine diversity in migrants’ experiences, revealing how migrant “illegality” and deportability can take varied forms based on different social factors, including migrants’ immigration status, developmental stage

Purpose This paper aims to analyze the ex ante and ex post economic efficiency of the preventive agreement (concordato preventivo) or composition with creditors as defined by the Italian Bankruptcy Law. This study examines four possible outcomes of the procedure: homologation (confirmation); the degree of dissent/consent of creditors; the revocation, admissibility or inadmissibility; the declaration

Purpose The purpose of this study is to investigate the impact of artificial intelligence (AI) on the human rights issue. This study has also examined issues with AI for business and its civil and criminal liability. This study has provided inputs to the policymakers and government authorities to overcome different challenges. Design/methodology/approach This study has analysed different international

Purpose The purpose of this paper is to describe and analyze an unusual legal development concerning brand protection in Thailand. The case study elucidates many key concepts in brand management and the political economy of Thailand. Design/methodology/approach A case study approach is adopted, in which a chronology of key events surrounding a supreme court decision are developed. An analysis of the

This article models the interaction of key factors missed in most accounts of Supreme Court decision making -- that is, the interaction of the rules of authorship (chief and senior justice authorship rights), authorship utility (in terms of justice reputation, and the chief justice’s legacy), and the constraint of legal doctrines. We model how (1) the chief justices and senior median justices compete

This paper aims to make sense how organized crime is constructed by the Czech government. Drawing on the intention-based model of organized crime (Sergi, 2017), this study specifically examines whether the country's national policy frames organized crime as a profit- or power-oriented phenomenon. To this end, an analysis of the government-issued Concepts for Combating Organized Crime was conducted

Abstract not available

What is the actual rate of sexual recidivism given the well-known fact that many crimes go unreported? This is a difficult and important problem, and in “The dark figure of sexual recidivism,” Nicholas Scurich and Richard S. John (2019) attempt to make progress on it by “estimat[ing] actual recidivism rates . . . given observed rates of reoffending” (p. 171). In this article, we show that the math

This paper examines, in the light of the COVID-19 crisis, the room for judicial oversight of health crisis measures based on the public’s expectations of how governments should act in the interplay with experts. The paper explains how trust theory and procedural rationality review help to address concerns related to legitimacy and expertise. The paper argues that courts should distinguish between two

In Sutherland v Her Majesty's Advocate, the Supreme Court unanimously dismissed an appeal which argued that the use of communications obtained by a paedophile hunter group as evidence in criminal prosecution was a violation of Article 8 of the European Convention on Human Rights. The case raises fundamental questions of the scope of the right to private life as regards to the content of communications

In Sutherland v Her Majesty's Advocate, the Supreme Court unanimously dismissed an appeal which argued that the use of communications obtained by a paedophile hunter group as evidence in criminal prosecution was a violation of Article 8 of the European Convention on Human Rights. The case raises fundamental questions of the scope of the right to private life as regards to the content of communications

International Investment Arbitration proceedings often deliver its Award in two parts: (i) Jurisdiction and (ii) Merit. One of the most debated and controversial elements in the Jurisdictional Proceedings have been the definition of ‘Investment’. The controversy was particularly fuelled by the Salini Test, which demanded an additional economic interpretation of the term investment, including four criteria

On 17 November 2020, the General Law on Private International Law (Law 19.920) was approved. This Law resulted from a process of hard work that took over two decades of discussions and debates.1 With this Law, Uruguay becomes one of a group of countries that have already carried out this kind of reform, particularly in regard to international commercial law and international contracts. The new Law

AbstractSpecific jurisdiction in the European Union (EU) is in a state of flux. While its theoretical foundation varies among legal systems, the explanatory model in EU law—established by the Brussels Ia Regulation—is the close geographical connection between a dispute’s subject matter and a court. It is believed that the court with such a connection is best positioned to judge the matter. Therefore

Consider an agent who faces choice problems and learns information about an objective state of the world through a technology of sequential experiments. We consider two cases of learning costs. In the first, the agent discounts future payoffs geometrically. In the second, she incurs a constant flow cost of time. If the observable data consist only of the joint distributions over chosen actions and

We characterize the positional social preference correspondences (spc) satisfying the qualified majority property for any given majority threshold. We also characterize the positional spcs satisfying the minimal majority property. We next evaluate the probability that the Borda, the plurality and the antiplurality spcs fulfil the two aforementioned properties under the Impartial and Anonymous Culture

Adopted in October 2020, the Artemis Accords are a set of 13 provisions establishing a principled framework for the sustainable human exploration of the Moon and the other celestial bodies, including the exploitation of their natural resources. This article examines the extent to which the Artemis Accords comply with international law and international standards. It argues that, while rooted on the

ABSTRACT This study investigates intergenerational relationships between the father’s personality disorder (PD) traits and the PD traits of his male and female offspring. We examine whether the intergenerational transmission of PD is due to the father transmitting a general vulnerability to all PDs, or whether the transmission is more specific to particular PDs. Structural Equation Modelling techniques