Laws | August 2025 - Browse Articles

14 pages, 220 KiB

Open AccessArticle

Resolution After Medical Injuries: Case Studies of Communication-and-Resolution-Programs Demonstrate Their Promise as an Alternative to Clinical Negligence

by Jennifer Sarah Schulz

Laws 2025, 14(4), 55; https://doi.org/10.3390/laws14040055 - 6 Aug 2025

Abstract

The agony of medical negligence for all involved is well documented. Health practitioners involved in harm events are described in the literature as “second victims”. Injured patients report that clinical negligence litigation is traumatic, slow, expensive, and does not meet their needs. Clinical [...] Read more.

The agony of medical negligence for all involved is well documented. Health practitioners involved in harm events are described in the literature as “second victims”. Injured patients report that clinical negligence litigation is traumatic, slow, expensive, and does not meet their needs. Clinical negligence lawyers have complained that healthcare injury cases are so complex and expensive that many firms do not accept these cases. This article uses a qualitative case study research design to analyse two cases from the United States of America (US) to explore the promise of an alternative resolution process: the communication-and-resolution program (CRP). CRPs involve the hospital disclosing the healthcare injury, investigating and explaining what happened, apologising and, sometimes, offering compensation to injured patients and families. In the US, CRPs have not replaced tort law. The two case studies analysed in this article offer a rare insight into the accounts of those who have experienced clinical negligence and an alternative non-litigation approach. The case study approach delves into the detail, providing an in-depth glimpse into the complexity of healthcare injuries in their real-life context. The case studies provide valuable lessons for reshaping resolution processes to better meet injured patients’ needs. Full article

(This article belongs to the Special Issue The Other Side of Tort Liability: When the System Doesn’t Seem to Work)

28 pages, 352 KiB

Open AccessArticle

Algorithm Power and Legal Boundaries: Rights Conflicts and Governance Responses in the Era of Artificial Intelligence

by Jinghui He and Zhenyang Zhang

Laws 2025, 14(4), 54; https://doi.org/10.3390/laws14040054 - 31 Jul 2025

Viewed by 682

Abstract

This study explores the challenges and theoretical transformations that the widespread application of AI technology in social governance brings to the protection of citizens’ fundamental rights. By examining typical cases in judicial assistance, technology-enabled law enforcement, and welfare supervision, it explains how AI [...] Read more.

This study explores the challenges and theoretical transformations that the widespread application of AI technology in social governance brings to the protection of citizens’ fundamental rights. By examining typical cases in judicial assistance, technology-enabled law enforcement, and welfare supervision, it explains how AI characteristics such as algorithmic opacity, data bias, and automated decision-making affect fundamental rights including due process, equal protection, and privacy. The article traces the historical evolution of privacy theory from physical space protection to informational self-determination and further to modern data rights, pointing out the inadequacy of traditional rights-protection paradigms in addressing the characteristics of AI technology. Through analyzing AI-governance models in the European Union, the United States, Northeast Asia, and international organizations, it demonstrates diverse governance approaches ranging from systematic risk regulation to decentralized industry regulation. With a special focus on China, the article analyzes the special challenges faced in AI governance and proposes specific recommendations for improving AI-governance paths. The article argues that only within the track of the rule of law, through continuous theoretical innovation, institutional construction, and international cooperation, can AI technology development be ensured to serve human dignity, freedom, and fair justice. Full article

15 pages, 226 KiB

Open AccessArticle

From Legal Commentaries to Common Instruction: Joseph Story’s Abridgments to His Commentaries on the Constitution of the United States

by Brigid Flaherty Staab

Laws 2025, 14(4), 53; https://doi.org/10.3390/laws14040053 - 31 Jul 2025

Viewed by 134

Abstract

Justice Joseph Story’s Commentaries on the Constitution of the United States (1833) have long been regarded as the scholarly source for a nationalist account of the U.S. Constitution in Antebellum America. Yet recent scholarship has questioned whether the Commentaries should be viewed exclusively [...] Read more.

Justice Joseph Story’s Commentaries on the Constitution of the United States (1833) have long been regarded as the scholarly source for a nationalist account of the U.S. Constitution in Antebellum America. Yet recent scholarship has questioned whether the Commentaries should be viewed exclusively as a work of legal scholarship. This article reinterprets Justice Story’s three-volume work as a project of civic education during a period of political and constitutional uncertainty. Written during the Nullification Crisis and in the wake of codification efforts, Justice Story presents his Commentaries for the use of the American public, providing them, and not exclusively lawyers and judges, with a source to support a popular conception of American constitutionalism. Story’s project of civic education is clearly shown by his personal efforts to abridge his Commentaries on three separate occasions to ensure the wide distribution of the work to Americans of different ages, groups, localities, and levels of education. As such, this article offers Justice Story as a guide to contemporary judges who seek to engage in civic education projects. Full article

(This article belongs to the Special Issue Vol. II of Civic Engagement, Justice, and the Law in a National and International Context)

33 pages, 1129 KiB

Open AccessArticle

Toward a ‘Green Intelligence’? The Intelligence Practices of Non-Governmental Organisations Which Combat Environmental Crime

by Charlotte M. Davies

Laws 2025, 14(4), 52; https://doi.org/10.3390/laws14040052 - 28 Jul 2025

Viewed by 510

Abstract

Environmental crime has been increasingly recognised as transnational organised crime, but efforts to build a coherent and effective international response are still in development and under threat from shifts in the funding landscape. This mixed methods study addresses the role of one significant [...] Read more.

Environmental crime has been increasingly recognised as transnational organised crime, but efforts to build a coherent and effective international response are still in development and under threat from shifts in the funding landscape. This mixed methods study addresses the role of one significant group of actors in environmental crime enforcement, which are non-governmental organisations (NGOs) who gather intelligence that can be shared with law enforcement and regulatory agencies. The study compares their intelligence practices to findings from traditional intelligence sectors, with a focus upon criminal justice and policing. The research generated quantitative and qualitative data from NGO practitioners, which is integrated to discern three overarching themes inherent in these NGOs’ intelligence practices: the implementation of formal intelligence practices is still underway in the sector; there remains a need to improve cooperation to break down silos between agencies and NGOs, which requires an improvement in trust between these entities; the operating environment provides both opportunities and challenges to the abilities of the NGOs to deliver impact. The study concludes by positing that the characteristics of NGOs mean that this situation constitutes ‘green intelligence’, contextualising intelligence theory and highlighting areas in which agencies can further combat environmental crime. Full article

(This article belongs to the Special Issue Global Threats in the Illegal Wildlife Trade and Advances in Response)

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13 pages, 203 KiB

Open AccessArticle

Accessibility of Dutch Public Space: Regulations and Local Actions by Pedestrians with Disabilities

by Dick Houtzager and Edwin Luitzen De Vos

Laws 2025, 14(4), 51; https://doi.org/10.3390/laws14040051 - 24 Jul 2025

Viewed by 360

Abstract

This article examines the accessibility of public space for individuals with disabilities in the Netherlands, as well as the relevant legal frameworks intended to promote accessibility. It discusses the Convention on the Rights of Persons with Disabilities (UN CRPD) and efforts to implement [...] Read more.

This article examines the accessibility of public space for individuals with disabilities in the Netherlands, as well as the relevant legal frameworks intended to promote accessibility. It discusses the Convention on the Rights of Persons with Disabilities (UN CRPD) and efforts to implement its provisions at the local level. The article first provides an overview of Dutch legislation and regulations concerning accessibility in public spaces. It then presents an analysis of the experiences of individuals with disabilities in navigating streets and pavements in two Dutch cities, Utrecht and Almere. The central question is to what extent equal participation in public space has been realised. The findings indicate that national legislation remains inadequate in addressing the accessibility of streets and pavements. Despite the constitutional amendment in January 2023, which prohibits discrimination on the grounds of disability, substantive equality is largely dependent on the individual policies and bylaws of the 342 municipalities. The involvement of individuals with disabilities in shaping the inclusive use of public space is therefore crucial at the local level. This article highlights local initiatives that have successfully drawn the attention of municipal policymakers and civil servants to the importance of accessible streets. Full article

(This article belongs to the Topic Accessibility and Inclusion for Pedestrians with Disabilities: Law, Policy, Practice and Politics)

16 pages, 1244 KiB

Open AccessArticle

A Study on the Underperformance of Civil Law in the University Rankings and Research Databases

by Zlatan Meskic

Laws 2025, 14(4), 50; https://doi.org/10.3390/laws14040050 - 18 Jul 2025

Viewed by 466

Abstract

This study focuses on the position of civil law research in the Web of Science (WoS) and Scopus scientific databases. Two of the most reputable university rankings, the Shanghai Ranking of World Universities (Shanghai University Rankings) and the Times Higher Education rankings, evaluate [...] Read more.

This study focuses on the position of civil law research in the Web of Science (WoS) and Scopus scientific databases. Two of the most reputable university rankings, the Shanghai Ranking of World Universities (Shanghai University Rankings) and the Times Higher Education rankings, evaluate the quality of research on the law subject matter directly based on its position in the WoS and Scopus, respectively. This study shows that there are only 13 civil law journals in WoS, while the situation is only slightly better in Scopus. That is why the civil law colleges are ranked much lower in the Shanghai rankings and still very low in the Times Higher Education rankings. This study, in particular, indicates that there are a low number of civil law journals published in languages other than English. Thereby, the most important civil law journals are excluded from the evaluation, and the rankings of civil law colleges are not accurate. The study further focuses on the number of journals included in the WoS and Scopus in a specific area of civil and commercial law. It shows that several core legal areas of civil and commercial law either are not covered at all in WoS and Scopus or are available in very few journals that publish legal research only in the English language. It further reveals that very few languages other than English are represented in WoS and Scopus in the civil law area, and some important civil law nations are not represented by a single law journal publishing in their official languages. This research aims to provide suggestions for university rankings and academic databases on how to evaluate civil law research more appropriately. Full article

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30 pages, 368 KiB

Open AccessArticle

Mining Work Health, Safety Laws and Serious Industrial Crimes in Australia: Down the Shaft of Jurisdictional Inconsistency

by Trajce Cvetkovski and Neville Weston

Laws 2025, 14(4), 49; https://doi.org/10.3390/laws14040049 - 16 Jul 2025

Viewed by 517

Abstract

This article examines the level of inconsistency in work, health and safety (WHS) laws across Australia’s mining sector. Despite general efforts towards national harmonisation through model WHS legislation, significant inconsistencies persist because individual states and territories retain primary regulatory control. A critical analysis [...] Read more.

This article examines the level of inconsistency in work, health and safety (WHS) laws across Australia’s mining sector. Despite general efforts towards national harmonisation through model WHS legislation, significant inconsistencies persist because individual states and territories retain primary regulatory control. A critical analysis of each jurisdiction’s legislative framework reveals a fragmented legal landscape. Queensland, especially, exhibits notable divergence. Key findings highlight a considerable variation in legislative approaches to risk management principles and specific obligations. In particular, a disjointed and incremental approach to serious offences such as industrial manslaughter and provisions concerning imputed conduct are evident. These inconsistencies suggest that corporations operating in multiple Australian mining regions must develop a nuanced understanding of the varying WHS requirements in each jurisdiction. This study underscores the need for caution when assessing risk management strategies aimed at preventing serious incidents because the presumption of a harmonised system can be misleading, especially concerning mining-specific legislation. Full article

18 pages, 706 KiB

Open AccessArticle

Community Cornerstones: An Analysis of HBCU Law School Clinical Programs’ Impact on Surrounding Communities

by Adeshola Akintobi, Sabine O’Hara, Elgloria Harrison and John Brittain

Laws 2025, 14(4), 48; https://doi.org/10.3390/laws14040048 - 15 Jul 2025

Cited by 1 | Viewed by 574

Abstract

Fifty million Americans, nearly 15% of the population, live below the federal poverty level, often facing civil legal issues without representation. Historically Black Colleges and Universities (HBCUs) have long served as economic engines and vital resources for their communities. HBCU law schools uphold [...] Read more.

Fifty million Americans, nearly 15% of the population, live below the federal poverty level, often facing civil legal issues without representation. Historically Black Colleges and Universities (HBCUs) have long served as economic engines and vital resources for their communities. HBCU law schools uphold this legacy by preparing students for legal careers while instilling a commitment to service, particularly for underserved citizens who lack access to quality legal representation. This research examines the dual mission of HBCU law schools—educating students and serving local communities—through a systematic document analysis of publicly available materials and literature on law school clinical programs. The findings identify four key community performance indicators that define the community impact of HBCU law schools: advocacy, engagement, client outcomes, and representation. These indicators reflect a shared commitment across all institutions to addressing systemic inequities through clinical legal education, reinforcing the role of HBCU law schools as both training grounds for future attorneys and essential pillars of justice in their communities. Full article

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14 pages, 223 KiB

Open AccessArticle

Balancing Privacy and Risk: A Critical Analysis of Personal Data Use as Governed by Saudi Insurance Law

by Mutaz Abdulaziz Alkhedhairy

Laws 2025, 14(4), 47; https://doi.org/10.3390/laws14040047 - 6 Jul 2025

Viewed by 595

Abstract

The Kingdom of Saudi Arabia (KSA) Personal Data Protection Law (PDPL) was enacted in 2021. In its brief three-year existence, the PDPL has attracted significant academic and legal practitioner attention. This critical analysis focuses on three key questions: (1) What are the key [...] Read more.

The Kingdom of Saudi Arabia (KSA) Personal Data Protection Law (PDPL) was enacted in 2021. In its brief three-year existence, the PDPL has attracted significant academic and legal practitioner attention. This critical analysis focuses on three key questions: (1) What are the key PDPL objectives? (2) How does this legislation compare with privacy–data protection approaches adopted in other jurisdictions (notably the European Union General Data Protection Regulation 2016 (GDPR))? and (3) Does the PDPL achieve a reasonable, workable balance between personal data protection (‘data subjects’ interests) and risks associated with personal data being shared with KSA insurers? The analysis confirms that these PDPL measures appear sound, but a definitive assessment of the ‘balance’ objectives highlighted here requires ongoing attention—three years of PDPL use is an insufficient basis to reach final conclusions regarding PDPL fitness for purpose. However, a tentative ‘soundness’ conclusion has reasonable support when the relevant authorities are collectively assessed, particularly regarding the treatment of personal data by KSA insurers in the context of personal insurance policies. Full article

18 pages, 280 KiB

Open AccessArticle

Organisational Challenges in US Law Enforcement’s Response to AI-Driven Cybercrime and Deepfake Fraud

by Leo S. F. Lin

Laws 2025, 14(4), 46; https://doi.org/10.3390/laws14040046 - 4 Jul 2025

Viewed by 1184

Abstract

The rapid rise of AI-driven cybercrime and deepfake fraud poses complex organisational challenges for US law enforcement, particularly the Federal Bureau of Investigation (FBI). Applying Maguire’s (2003) police organisation theory, this qualitative single-case study analyses the FBI’s structure, culture, technological integration, and inter-agency [...] Read more.

The rapid rise of AI-driven cybercrime and deepfake fraud poses complex organisational challenges for US law enforcement, particularly the Federal Bureau of Investigation (FBI). Applying Maguire’s (2003) police organisation theory, this qualitative single-case study analyses the FBI’s structure, culture, technological integration, and inter-agency collaboration. Findings underscore the organisational strengths of the FBI, including a specialised Cyber Division, advanced detection tools, and partnerships with agencies such as the Cybersecurity and Infrastructure Security Agency (CISA). However, constraints, such as resource limitations, detection inaccuracies, inter-agency rivalries, and ethical concerns, including privacy risks associated with AI surveillance, hinder operational effectiveness. Fragmented global legal frameworks, diverse national capacities, and inconsistent detection of advanced deepfakes further complicate responses to this issue. This study proposes the establishment of agile task forces, public–private partnerships, international cooperation protocols, and ethical AI frameworks to counter evolving threats, offering scalable policy and technological solutions for global law enforcement. Full article

(This article belongs to the Special Issue Cybercrime in Global and National Dimensions: Challenges, Impacts, and Solutions)

16 pages, 241 KiB

Open AccessArticle

Justice Delayed in the COVID-19 Era: Injunctions, Mootness, and Religious Freedom in the United States Legal System

by Karen McGuffee, Tammy Garland and Sherah L. Basham

Laws 2025, 14(4), 45; https://doi.org/10.3390/laws14040045 - 29 Jun 2025

Viewed by 632

Abstract

The COVID-19 pandemic exposed critical deficiencies in the United States’ legal system’s handling of emergency injunctions, particularly concerning religious freedom. This article examines the challenges courts faced in balancing public health measures with constitutional rights, focusing on the use of shadow dockets and [...] Read more.

The COVID-19 pandemic exposed critical deficiencies in the United States’ legal system’s handling of emergency injunctions, particularly concerning religious freedom. This article examines the challenges courts faced in balancing public health measures with constitutional rights, focusing on the use of shadow dockets and the frequent dismissal of cases due to mootness. Analyzing key Supreme Court decisions and lower court rulings, we highlight the inconsistencies and delays that arose when addressing First Amendment challenges to pandemic-related restrictions. Arguments for procedural reforms, including expedited hearings and avoiding mootness dismissals in cases of national importance, are provided to protect fundamental rights during future public health crises. Full article

20 pages, 2275 KiB

Open AccessArticle

How Can Legal Measures Protect Chinese Doctors from Patient Violence?

by Weimin Shi, Ruiyu Geng and Hanbin Wang

Laws 2025, 14(4), 44; https://doi.org/10.3390/laws14040044 - 27 Jun 2025

Viewed by 667

Abstract

This article explores the persistent issue of assaults on medical staff in China that are unrelated to malpractice, which exacerbate tensions in doctor–patient relationships. These conflicts are primarily fueled by factors such as the disparity between doctors and patients, unequal distribution of medical [...] Read more.

This article explores the persistent issue of assaults on medical staff in China that are unrelated to malpractice, which exacerbate tensions in doctor–patient relationships. These conflicts are primarily fueled by factors such as the disparity between doctors and patients, unequal distribution of medical resources, and inadequacies in the legal protection system. Drawing on Foucault’s micro-power theory, this research proposes a tripartite governance model that includes reconfiguring medical resources through public–private partnerships, implementing proactive legal mechanisms such as hospital-embedded policing systems, and establishing mandatory protocols for treatment explanations to reduce information asymmetry. The article also highlights the importance of medical conflict mediation systems to effectively resolve disputes and ensure satisfaction for all parties involved. Full article

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23 pages, 486 KiB

Open AccessArticle

Copyright Implications and Legal Responses to AI Training: A Chinese Perspective

by Li You and Han Luo

Laws 2025, 14(4), 43; https://doi.org/10.3390/laws14040043 - 23 Jun 2025

Viewed by 1655

Abstract

The emergence of generative AI presents complex challenges to existing copyright regimes, particularly concerning the large-scale use of copyrighted materials in model training. Legal disputes across jurisdictions highlight the urgent need for a balanced, principle-based framework that protects the rights of creators while [...] Read more.

The emergence of generative AI presents complex challenges to existing copyright regimes, particularly concerning the large-scale use of copyrighted materials in model training. Legal disputes across jurisdictions highlight the urgent need for a balanced, principle-based framework that protects the rights of creators while fostering innovation. In China, a regulatory approach of “moderate leniency” has emerged—emphasizing control over downstream AI-generated content (AIGC) while adopting a more permissive stance toward upstream training. This model upholds the idea–expression dichotomy, rejecting theories such as “retained expression” or “retained style”, which improperly equate ideas with expressions. A critical legal distinction lies between real-time training, which is ephemeral and economically insignificant, and non-real-time training, which involves data retention and should be assessed under fair use test. A fair use exception specific to AI training is both timely and justified, provided it ensures equitable sharing of technological benefits and addresses AIGC’s potential substitutive impact on original works. Furthermore, technical processes like format conversion and machine translation do not infringe derivative rights, as they lack human creativity and expressive content. Even when training involves broader use, legitimacy may be established through the principle of technical necessity within the reproduction right framework. Full article

17 pages, 248 KiB

Open AccessArticle

Incremental Progress in Combating IUU Fishing: A Review of China’s 2020 Administrative Regulations for Distant-Water Fisheries

by Qing Zhao, Xuexin Yi and Ming Jing

Laws 2025, 14(4), 42; https://doi.org/10.3390/laws14040042 - 23 Jun 2025

Viewed by 520

Abstract

Addressing the illegal, unreported, and unregulated (IUU) fishing in the water beyond its jurisdiction poses a significant challenge for China as it aims to establish itself as a responsible participant in global fishing governance. Inadequate regulation and enforcement largely contribute to the increase [...] Read more.

Addressing the illegal, unreported, and unregulated (IUU) fishing in the water beyond its jurisdiction poses a significant challenge for China as it aims to establish itself as a responsible participant in global fishing governance. Inadequate regulation and enforcement largely contribute to the increase in the suspected illegal fishing by Chinese vessels, fishing enterprises, and crew members. In 2020, China revised the RDWF (2020) to address the growing issues of IUU fishing. This study aims to evaluate the effectiveness of the RDWF (2020) in addressing China’s IUU fishing in distant water. This paper concludes that RDWF (2020) represents an incremental advancement in China’s initiatives to eliminate IUU fishing. RDWF (2020) emphasizes the government’s responsibilities in regulating vessel quantities and ensuring accurate reporting. Furthermore, RDWF (2020) adopts measures to fulfill China’s responsibilities under RFMOs. Additionally, RDWF (2020) expands the roster of operators liable for penalties and delineates IUU fishing activities that necessitate sanctions. Ultimately, RDWF (2020) develops an evaluation system to monitor compliance with anti-IUU fishing obligations as stipulated by international treaties and Chinese laws and regulations. However, RDWF (2020) encounters limitations that may impede its effectiveness in addressing IUU fishing, such as the lack of responsibilities assigned to administrative bodies, insufficient penalties for serious IUU fishing activities, and inadequate compliance with international standards for sustainable fishing. This paper provides policymakers specific recommendations for improving the identified areas of RDWF (2020) and offers insights for distant-water fishing nations that are grappling with significant IUU fishing issues to make gradual improvements in combating IUU fishing. Full article

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Laws, Volume 14, Issue 4 (August 2025) – 14 articles

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