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Laws, Volume 6, Issue 1 (March 2017) – 5 articles

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Article
Prospects for a Sports Ombudsman in Canada
Laws 2017, 6(1), 5; https://doi.org/10.3390/laws6010005 - 14 Mar 2017
Cited by 1 | Viewed by 2155
Abstract
This article examines the potential of using an Ombudsman to resolve sports related disputes, and further researches underway in Canada to incorporate an Ombudsman scheme. The article looks at the various types of Ombudsmen, the existing Ombudsman or Ombudsman-like dispute resolution schemes concerning [...] Read more.
This article examines the potential of using an Ombudsman to resolve sports related disputes, and further researches underway in Canada to incorporate an Ombudsman scheme. The article looks at the various types of Ombudsmen, the existing Ombudsman or Ombudsman-like dispute resolution schemes concerning sport, and provides guidance on the establishment of a nation-wide scheme for Canada. The article finds that the addition of a sports Ombudsman to ADR services already provided by the Sport Dispute Resolution Centre of Canada would be of benefit to athletes and the sports community. Full article
Article
Enfranchised Minors: Women as People in the Middle East after the 2011 Arab Uprisings
Laws 2017, 6(1), 4; https://doi.org/10.3390/laws6010004 - 10 Mar 2017
Cited by 1 | Viewed by 3640
Abstract
The civic status of female citizens in the Middle East and North Africa (MENA) region is conceptualized as “enfranchised minorhood” which reflects the confined position of adult women as legal minors under the trusteeship of male kin in family law, criminal law, and [...] Read more.
The civic status of female citizens in the Middle East and North Africa (MENA) region is conceptualized as “enfranchised minorhood” which reflects the confined position of adult women as legal minors under the trusteeship of male kin in family law, criminal law, and nationality law. During and in the aftermath of the Uprisings that erupted throughout MENA in 2011, female lawyers in Morocco, Lebanon, and Kuwait allied with women’s groups and pressured for reforms in patriarchal state laws. By 2015, reforms were manifest in criminal law; incremental in family law; and absent in nationality law. Theoretical conclusions based on comparative analysis of societal pressures in three states indicate that long historical trajectories are imperative for substantiating the expansion of female citizenship following the 2011 Uprisings. Additionally, the civic status of women in the MENA region is being strengthened under authoritarian monarchical rule in Kuwait and Morocco. A third finding is that pressures for reform have more visible reverberations in legal spheres with a clerical imprint such as family law and criminal law, while strengthened pressures in a secular legal sphere such as nationality law have been opposed more forcefully five years after the Uprisings. Full article
Article
Online Shaming and the Right to Privacy
Laws 2017, 6(1), 3; https://doi.org/10.3390/laws6010003 - 08 Feb 2017
Cited by 9 | Viewed by 10641
Abstract
This paper advances privacy theory through examination of online shaming, focusing in particular on persecution by internet mobs. While shaming is nothing new, the technology used for modern shaming is new and evolving, making it a revealing lens through which to analyze points [...] Read more.
This paper advances privacy theory through examination of online shaming, focusing in particular on persecution by internet mobs. While shaming is nothing new, the technology used for modern shaming is new and evolving, making it a revealing lens through which to analyze points of analytical friction within and between traditional conceptions of privacy. To that end, this paper first explores the narrative and structure of online shaming, identifying broad categories of shaming of vigilantism, bullying, bigotry and gossiping, which are then used throughout the paper to evaluate different angles to the privacy problems raised. Second, this paper examines shaming through three dominant debates concerning privacy—privacy’s link with dignity, the right to privacy in public places and the social dimension of privacy. Certain themes emerged from this analysis. A common feature of online shaming is public humiliation. A challenge is to differentiate between a humbling (rightly knocking someone down a peg for a social transgression) and a humiliation that is an affront to dignity (wrongly knocking someone down a peg). In addition, the privacy concern of shamed individuals is not necessarily about intrusion on seclusion or revelation of embarrassing information, but rather about the disruption in their ability to continue to participate in online spaces free from attack. The privacy interest therefore becomes more about enabling participation in social spaces, enabling connections and relationships to form, and about enabling identity-making. Public humiliation through shaming can disrupt all of these inviting closer scrutiny concerning how law can be used as an enabling rather than secluding tool. Full article
Article
Collegiality, Therapy and Mediation—The Contribution of Experts in Swedish Mental Health Law
Laws 2017, 6(1), 2; https://doi.org/10.3390/laws6010002 - 17 Jan 2017
Cited by 1 | Viewed by 2110
Abstract
Independent experts serve a vital role in how the human rights of patients are protected in mental health law. This article investigates the contribution of court-appointed psychiatrists (APs) in civil commitment court hearings. Analysis is based on 12 court hearings that were audiotaped. [...] Read more.
Independent experts serve a vital role in how the human rights of patients are protected in mental health law. This article investigates the contribution of court-appointed psychiatrists (APs) in civil commitment court hearings. Analysis is based on 12 court hearings that were audiotaped. Supplementary informal interviews with participants were also conducted. Data were analysed through a combination of rhetoric analysis and discourse analysis. Analysis of the hearings reveals that APs do not fulfil their function to critically investigate treating psychiatrists’ (CPs) recommendations that patients meet commitment criteria. They typically do not ask any questions from CPs, and the few questions that are asked do not cast light on the legal issues at stake. To further understand the role of APs, their communication has been analyzed in terms of four interpretative repertoires: collegial, disclosing, therapeutic and mediating. In conclusion, the human rights of patients subjected to involuntary commitment might be at risk when therapeutic concerns are built into the process. The specific Swedish model where APs deliver their own assessment about whether commitment criteria are met may be counterproductive. This argument possibly extends to the role of medical members in mental health tribunals in the United Kingdom, Australia and New Zealand. Full article
(This article belongs to the Special Issue The Intersection of Human Rights Law and Health Law)
Editorial
Acknowledgement to Reviewers of Laws in 2016
Laws 2017, 6(1), 1; https://doi.org/10.3390/laws6010001 - 10 Jan 2017
Viewed by 1629
Abstract
The editors of Laws would like to express their sincere gratitude to the following reviewers for assessing manuscripts in 2016.[...] Full article
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