Previous Issue
Volume 13, December
 
 

Laws, Volume 14, Issue 1 (February 2025) – 10 articles

  • Issues are regarded as officially published after their release is announced to the table of contents alert mailing list.
  • You may sign up for e-mail alerts to receive table of contents of newly released issues.
  • PDF is the official format for papers published in both, html and pdf forms. To view the papers in pdf format, click on the "PDF Full-text" link, and use the free Adobe Reader to open them.
Order results
Result details
Section
Select all
Export citation of selected articles as:
13 pages, 203 KiB  
Article
Political Parties as “Great Schools” of Civic Education
by Joseph Postell
Laws 2025, 14(1), 10; https://doi.org/10.3390/laws14010010 - 2 Feb 2025
Viewed by 343
Abstract
Current attempts to improve civic education through higher education should be supplemented by a focus on political parties, which have traditionally served as the “great schools” of civic education. America’s nineteenth-century parties drew voters out of their private concerns, engaged them in social [...] Read more.
Current attempts to improve civic education through higher education should be supplemented by a focus on political parties, which have traditionally served as the “great schools” of civic education. America’s nineteenth-century parties drew voters out of their private concerns, engaged them in social life, and taught them to tolerate and bargain with each other. Legal changes over the past century have deprived them of the tools needed to fulfill this role. Policymakers should reconsider campaign finance laws that cripple parties, especially state and local organizations. Moreover, parties themselves should dedicate more time and resources to building a permanent presence in local communities and engaging citizens on the ground. Full article
34 pages, 327 KiB  
Article
In Pursuit of Civic Engagement in Texas: Leveraging Trust in a Changed Legal Landscape
by Catherine Copeland, Amy O’Dell, Abigail Smith, Jessica Garcia and Boleslaw Z. Kabala
Laws 2025, 14(1), 9; https://doi.org/10.3390/laws14010009 - 23 Jan 2025
Viewed by 739
Abstract
Recent legislation in Texas changes the legal civic engagement landscape. With Diversity, Equity, and Inclusion programs now prohibited on public university campuses, advocates of affirmative steps to reach historically underserved groups may face unexpected obstacles. And recent Supreme Court decisions, on the use [...] Read more.
Recent legislation in Texas changes the legal civic engagement landscape. With Diversity, Equity, and Inclusion programs now prohibited on public university campuses, advocates of affirmative steps to reach historically underserved groups may face unexpected obstacles. And recent Supreme Court decisions, on the use of race as a factor in college admissions, further increase the challenges. Due to these shifts in the goals public universities can legally pursue, what are the most appropriate civic engagement policy steps to eliminate barriers to success and realize a diverse student body? Building on the Town Hall program at Tarleton State University, and the specific ways in which it leverages trust, we make three recommendations: (1) Institutions should maintain an openness to outreach, through the leadership of student groups and invited guest speakers and other initiatives, to those on campus who struggle with the burden of invisibility; (2) Town Hall and related civic engagement programs should fine-tune the selection of advanced peer leaders, making it easier for them to pursue expertise in the classroom, in turn facilitating their ability to attract speakers as recommended in (1); and (3) institutions should ensure an opening for representatives to travel to underserved parts of the state, with the effect if not University-wide intention of increasing inclusion. Building on the research of Eric Morrow, Boleslaw Z. Kabala, and Christine Hartness in 2023, we seek to leverage trust for the sake of a genuinely inclusive environment, consistent with current legal limitations on civic engagement in Texas. Full article
23 pages, 308 KiB  
Article
Promoting Equal Protection and Regulatory Remedies for Balanced Civic Education
by Peder Humlen
Laws 2025, 14(1), 8; https://doi.org/10.3390/laws14010008 - 21 Jan 2025
Viewed by 480
Abstract
This article examines the teaching of civic engagement in academic settings, focusing on its role in generating new knowledge and fostering social and personal action. The article proposes regulatory remedies to ensure a fair and balanced curriculum supporting diverse worldviews and productive discourse, [...] Read more.
This article examines the teaching of civic engagement in academic settings, focusing on its role in generating new knowledge and fostering social and personal action. The article proposes regulatory remedies to ensure a fair and balanced curriculum supporting diverse worldviews and productive discourse, promoting student civic participation. The legal principle of equal protection, enshrined in the Fourteenth Amendment, serves as the foundation. The Fourteenth Amendment emphasizes equal treatment and opportunities for all, including access to a well-rounded education. By incorporating its principles into education, the article highlights the need to promote fair, civic education that empowers all students to participate actively in their communities. I recommend regulatory remedies to solidify education’s nature and foster a balanced curriculum. The proposed remedies ensure that various worldviews are embraced, promoting productive and amicable discourse among students. Creating an inclusive learning environment also allows students to engage in critical thinking and develop a deeper understanding of diverse perspectives, ultimately enhancing their civic participation. Furthermore, the article emphasizes the importance of regulatory safeguards against biased or exclusionary educational practices to ensure that all students have equal educational opportunities, regardless of their background or beliefs. By eliminating barriers and promoting a fair educational system, students can develop the necessary knowledge and skills to contribute to their communities actively. By incorporating the legal principle of equal protection with respect to perspectives represented on campus, the article advocates for legal and regulatory remedies to promote a fair and balanced curriculum that supports diverse worldviews. Full article
17 pages, 244 KiB  
Article
Advancing Asset Tokenization in the European Union and Latvia: A Regulatory and Policy Perspective
by Nauris Jūrmalis, Anželika Berķe-Berga and Marta Urbāne
Laws 2025, 14(1), 7; https://doi.org/10.3390/laws14010007 - 16 Jan 2025
Viewed by 589
Abstract
Our study examines the regulatory challenges and opportunities of asset tokenization within the context of the European Union (EU), emphasizing the balance between technological innovation and investor protection in the digital economy. Focusing on 2023 EU Markets in Crypto-Assets Regulation and its application [...] Read more.
Our study examines the regulatory challenges and opportunities of asset tokenization within the context of the European Union (EU), emphasizing the balance between technological innovation and investor protection in the digital economy. Focusing on 2023 EU Markets in Crypto-Assets Regulation and its application in Latvia, we utilize comparative legal and integrative literature review methodologies to explore how regulatory frameworks can enhance investor accessibility, liquidity, and transparency in digital transactions. Our findings emphasize the importance of strong legal frameworks in promoting economic growth and protecting investors, thereby contributing to a more inclusive financial ecosystem. By examining the regulatory landscape for distributed ledger technology, we provide insights into how regulations can balance innovation in asset management with the imperative of investor protection. We offer a broad analysis of the intersection between legal frameworks and technological advancements in Latvia, illustrating how diverse regulatory approaches can support both economic development and investor interests. Our research originality lies in its focus on the EU’s regulatory diversity, particularly in Latvia, and its implications for broader European and international regulatory environments. Our study contributes to ongoing discussions on optimizing regulatory strategies to facilitate secure and advantageous financial technologies, reflecting the diversity of legal and economic approaches across Europe. Full article
14 pages, 251 KiB  
Article
Termination Clauses in Common Law and Civil Law: A Comparative Corpus-Based Analysis of English–Italian Terms of Service
by Patrizia Giampieri
Laws 2025, 14(1), 6; https://doi.org/10.3390/laws14010006 - 12 Jan 2025
Viewed by 768
Abstract
In common law, the “termination” of a contract entails several consequences, particularly on the basis of the context where such a term is used and, from a linguistic perspective, depending on the words that accompany it (e.g., “termination for cause” vs. “termination without [...] Read more.
In common law, the “termination” of a contract entails several consequences, particularly on the basis of the context where such a term is used and, from a linguistic perspective, depending on the words that accompany it (e.g., “termination for cause” vs. “termination without cause”). In Italian civil law, there are manifold translations of the lemma “terminate”, which are investigated and discussed in this paper. To this aim, English and Italian comparable corpora of terms of service (i.e., online terms and conditions of web hosting services) are consulted, where similar clauses are retrieved and words are analyzed in context. In this way, the complex nature and the manifold meanings of the lemma “terminate” are unveiled, and Italian (full or partial) equivalents are proposed. The paper’s findings highlight that in order to explore the renderings of complex terms, such as “terminate”, not only are linguistic tools, such as ad hoc corpora, necessary, but also legal resources, such as statutory documents and case law. In addition, solid knowledge of the subject matter addressed is necessary. In this respect, this paper unveils corpus-based methodologies and research strategies to cope with the intricacies of the translation(s) of “termination” clauses. Full article
26 pages, 316 KiB  
Article
Antibiotic Resistance, Polycentricity, and the Regulation of Antibiotic Prescribing in the Primary Care Setting
by David J. Carter
Laws 2025, 14(1), 5; https://doi.org/10.3390/laws14010005 - 10 Jan 2025
Viewed by 558
Abstract
Antimicrobial resistance (AMR) is an urgent global challenge requiring an effective regulatory response, particularly regarding the governance of antibiotic prescribing. Dominant understandings of prescribing, however, are marked by a vision of the regulatory field with a strong ‘centre’—namely, the prescriber—whose actions are given [...] Read more.
Antimicrobial resistance (AMR) is an urgent global challenge requiring an effective regulatory response, particularly regarding the governance of antibiotic prescribing. Dominant understandings of prescribing, however, are marked by a vision of the regulatory field with a strong ‘centre’—namely, the prescriber—whose actions are given a central role in directing the flow of events around AMR through a form of command-and-control rule. This insistence on a strong ‘centre’ and upon juridical forms of governance is de-centred in many contemporary conceptions of regulation. Drawing on data from interviews with patients who are enmeshed within AMR-related regulatory systems in the Australian primary care setting, this article argues that this regulatory field is polycentric in nature with signs that multiple regulatory actors influence prescribing and thus AMR-related outcomes. This polycentricity radically alters the capacity of individual actors to influence the flow of events around prescribing and indicates different regulatory approaches are required to realise objectives regarding AMR. Full article
(This article belongs to the Section Health Law Issues)
17 pages, 247 KiB  
Article
Unkept Promises: On the Implementation of the OECD Anti-Bribery Convention in Korea
by Dae Un Hong and Jae Sun Kim
Laws 2025, 14(1), 4; https://doi.org/10.3390/laws14010004 - 3 Jan 2025
Viewed by 592
Abstract
While the Organization for Economic Cooperation and Development (OECD)’s Anti-Bribery Convention is often considered a success in the fight against global corruption, ensuring its implementation remains challenging. As evidenced by the sustained decline in Transparency International’s ratings, the Korean government does not actively [...] Read more.
While the Organization for Economic Cooperation and Development (OECD)’s Anti-Bribery Convention is often considered a success in the fight against global corruption, ensuring its implementation remains challenging. As evidenced by the sustained decline in Transparency International’s ratings, the Korean government does not actively enforce anti-bribery legislation against companies and individuals engaged in business activities abroad. To support this argument, this article reviews the Korean legal apparatus designed to control foreign bribery and examines why the relevant authorities have insufficiently enforced them. Specifically, this paper discusses the Foreign Bribery Prevention Act, its legislative history, how the Korean legislature has failed to implement the OECD Working Group’s recommendations in a timely manner, and the consequences of this failure. Through a case study, this paper compares the practices of Korean law enforcement authorities with those of their counterparts abroad, particularly in the United States. This paper also illustrates how the traditional leniency of Korean prosecutors and judges toward bribe giving, especially by large conglomerates, has affected the enforcement of the relatively new legal apparatus designed to combat bribery of foreign public officials. Furthermore, a cultural leniency toward bribery, coupled with the Korean government’s unwillingness to raise public awareness of foreign bribery crimes and their punishments, poses a significant challenge to combating foreign bribery. Full article
(This article belongs to the Special Issue Criminal Liability and Global Compliance)
12 pages, 224 KiB  
Article
The Right to Be Oneself: The International and Italian Situation Regarding Gender Incongruence, Focusing on Legislation, Rights, Access to Care, and Appropriateness
by Nicola Di Fazio, Giuseppe Delogu, Miriam Ottaviani, Gianpietro Volonnino, Mauro Arcangeli, Fabio Del Duca, Biancamaria Treves and Raffaele La Russa
Laws 2025, 14(1), 3; https://doi.org/10.3390/laws14010003 - 30 Dec 2024
Viewed by 522
Abstract
Gender incongruence is a current issue with implications in the legislative, social, and healthcare fields. In this context, misinformation is, at present, the main enemy of transgender rights equity. Over time, the scientific community has worked to reclassify this condition, removing it from [...] Read more.
Gender incongruence is a current issue with implications in the legislative, social, and healthcare fields. In this context, misinformation is, at present, the main enemy of transgender rights equity. Over time, the scientific community has worked to reclassify this condition, removing it from psychiatric diagnoses. The method of our work involved investigating and comparing the different social and legislative measures adopted by various countries to ensure the rights and equality of individuals with gender incongruence. The result showed that there are various international approaches allowing adult and minor patients to access medical and administrative procedures for gender transition. In conclusion, there appears to be a need for international bioethical and legislative guidance in order to reduce and eventually eliminate the social inequalities faced by individuals with gender incongruence. Full article
(This article belongs to the Special Issue Rethinking Human Rights)
10 pages, 223 KiB  
Article
Cryptocurrencies as a Threat to U.S. Homeland Security Interests
by Austen D. Givens
Laws 2025, 14(1), 2; https://doi.org/10.3390/laws14010002 - 29 Dec 2024
Viewed by 757
Abstract
The use of cryptocurrencies in transnational criminal activities has grown in recent years. The scholarly literature on cryptocurrencies recognizes this trend. Yet, there has been comparatively little attention paid to the degree to which cryptocurrencies pose a direct threat to U.S. homeland security [...] Read more.
The use of cryptocurrencies in transnational criminal activities has grown in recent years. The scholarly literature on cryptocurrencies recognizes this trend. Yet, there has been comparatively little attention paid to the degree to which cryptocurrencies pose a direct threat to U.S. homeland security interests. This article fills a gap in the scholarly literature on cryptocurrencies by presenting evidence that cryptocurrencies are a threat to U.S. homeland security interests, specifically because of their uses for financing terrorism, enabling human and drug trafficking, and evading international financial sanctions. Full article
14 pages, 234 KiB  
Article
Confiscation Beyond the All-Crime Approach and the Proportionality Principle—A Case of the Lithuanian Illicit Enrichment Offence Concept
by Skirmantas Bikelis
Laws 2025, 14(1), 1; https://doi.org/10.3390/laws14010001 - 24 Dec 2024
Viewed by 845
Abstract
The article discusses the ultimate limits of crime proceeds control measures from the perspective of the proportionality principle. The concept of the general illicit enrichment offence (GIEO) is explored as it is considered one of the most radical illicit asset control measures. It [...] Read more.
The article discusses the ultimate limits of crime proceeds control measures from the perspective of the proportionality principle. The concept of the general illicit enrichment offence (GIEO) is explored as it is considered one of the most radical illicit asset control measures. It is based on two extreme elements: first, it reaches broadly beyond the all-crime proceeds approach and targets any unexplained assets. Secondly, it provides highly intrusive measures, involving both the confiscation of assets and, in addition, criminal sanctions. The advantages and risks of the concept are examined from both practical and basic legal principle perspectives. The author presents recent results from the Lithuanian penal justice system, where the GIEO has been introduced into penal law and practice since the end of 2010. A rich body of case law from the European Court of Human Rights (ECtHR) and European Union Court of Justice (EUCJ) serves as the background of the analysis. The author concludes that the concept of GEIO is in conflict with the proportionality principle. Although the Lithuanian Constitutional Court did not find proportionality issues with the GIEO, the prospects of successful challenges with respect to the proportionality principle in the ECtHR and the EUCJ appear promising. Full article
(This article belongs to the Section Criminal Justice Issues)
Previous Issue
Back to TopTop