Laws

22 pages, 1854 KiB

Open AccessArticle

Green Belt Legislation Regulation: Comparative Legal Research

by Natalia Lisina, Aleksandra Ushakova and Svetlana Ivanova

Laws 2024, 13(5), 58; https://doi.org/10.3390/laws13050058 - 9 Sep 2024

Recently, legislative acts on the protection of the green belt have been increasingly adopted in various states. Using the legislation examples of the United Kingdom, the Canadian province of Ontario, and Russia, we have identified public relations that can be the subject of [...] Read more.

Recently, legislative acts on the protection of the green belt have been increasingly adopted in various states. Using the legislation examples of the United Kingdom, the Canadian province of Ontario, and Russia, we have identified public relations that can be the subject of regulation of such legislation. Based on the analysis of typical legal conflicts, the problem areas which need the most attention of the legislator have been identified. The methods of differentiation of the legal regime for various areas within the green belt are investigated, taking into account their geographical features and specific management goals. The most promising areas for legal regulation that require the increased attention of legislators speak to the establishment of the procedures and criteria for excluding land plots from the green belt, the regulation of village development processes within the green belt, the establishment of a comprehensive list of agricultural types of permitted use, and the establishment of the procedure for the development of specialized plans or strategies for the use and protection of the green belt. The article offers solutions to these issues. The methodology of comparative law, including the functional method, was used in the study. Full article

(This article belongs to the Topic Energy Policy, Regulation and Sustainable Development)

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2 pages, 141 KiB

Open AccessCorrection

Correction: Cowart et al. (2023). Should Pharma Companies Waive Their COVID-19 Vaccine Patents? A Legal and Ethical Appraisal. Laws 12: 47

by Tammy Cowart, Tsuriel Rashi and Gregory L. Bock

Laws 2024, 13(5), 57; https://doi.org/10.3390/laws13050057 - 5 Sep 2024

Abstract

In the original publication (Cowart et al [...] Full article

11 pages, 189 KiB

Open AccessArticle

Natural Law, Common Law, and the Problem of Historicism in American Public Life and Education

by Benjamin P. Haines

Laws 2024, 13(4), 56; https://doi.org/10.3390/laws13040056 - 21 Aug 2024

Abstract

Recent developments within American politics have witnessed an increase in the use of history to highlight the need for social justice and civic engagement. Yet, on its own, history is an altogether impotent means of doing so, for it fails to provide the [...] Read more.

Recent developments within American politics have witnessed an increase in the use of history to highlight the need for social justice and civic engagement. Yet, on its own, history is an altogether impotent means of doing so, for it fails to provide the public with the moral framework necessary for evaluating past injustices on an objective basis. To remedy this problem, this essay suggests that historians and other scholars and activists who are interested in civic engagement and social justice should look to the classical and common law traditions; the answer to the theoretical need for a solution to problems within presentist activism has, in other words, been the law. Doing so would provide a more universal and shared conception of past injustices and help increase a polity’s moral consciousness. Practically, this strategy can be implemented through a classical or liberal education, with the additional help of state legislatures. In all, this essay argues that history on its own is insufficient for moral education, that the best moral education is offered through the classical model, and that, as a practical matter, it is necessary for a legislative solution to mandate that education, if it will ever be possible to find an objective basis for civic engagement and social justice. Full article

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

17 pages, 252 KiB

Open AccessArticle

First-Year Experience or One-Year Experience? The Future of Civic Engagement in Higher Education

by Glenn Moots and James M. Patterson

Laws 2024, 13(4), 55; https://doi.org/10.3390/laws13040055 - 20 Aug 2024

Abstract

Building on recent civic engagement conversations, this article considers several legal proposals and existing frameworks that are meant to expand opportunities for civic growth and interaction in higher education. Though well intentioned, these proposed and existing guidelines, as we demonstrate, in many cases, [...] Read more.

Building on recent civic engagement conversations, this article considers several legal proposals and existing frameworks that are meant to expand opportunities for civic growth and interaction in higher education. Though well intentioned, these proposed and existing guidelines, as we demonstrate, in many cases, restrict the ability of students to learn in traditional ways that facilitate their civic interactions on campus. The suggested and recently implemented reforms include expanded Advanced Placement and Dual Credit opportunities, reduced support for general education classes, and 90 h degrees intended to replace 120 credit hour degrees. The issue with all of these ideas (implemented or not), as we show, is that they amputate what is critical to a genuine undergraduate civic engagement experience: time physically spent on campus, building bonds of trust within a cohort in a way that makes possible the tough conversations, without which true civic connection never becomes a reality. The recommendation of our article as a whole, then—at the local, state, and federal levels—is to use all available legal tools, including ones connected to financial aid and accreditation, to not further reduce time that students are required to spend on campus as a prerequisite of graduation. Maintaining residential requirements, as we further show, will also advance goals of equity and equal access. Full article

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

25 pages, 285 KiB

Open AccessArticle

Revisiting the Conceptual Terrains of the Right to Accessibility in India: The Role of Judicial Enforcement

by Sanjay Jain and Malika Jain

Laws 2024, 13(4), 54; https://doi.org/10.3390/laws13040054 - 16 Aug 2024

Abstract

The main objective of this paper is to critically reflect on the right to accessibility of persons with disabilities in India, with special focus on the context of public streets and environments. The paper draws on work carried out during the India-related part [...] Read more.

The main objective of this paper is to critically reflect on the right to accessibility of persons with disabilities in India, with special focus on the context of public streets and environments. The paper draws on work carried out during the India-related part of the Inclusive Public Space Project, as well as judicial pronouncements, and the norms evolved by India as a party to the United Nations Convention on the Rights of Persons with Disabilities. In this paper, we briefly set out competing conceptions of accessibility and evaluate its constitutional and statutory manifestations. Further, the measures undertaken by the government in the form of policies, guidelines and campaigns to ensure accessibility in the Indian socio-political infrastructure are also assessed. The same is followed by the analysis of significant judicial precedents of the Supreme Court and High Courts on different aspects of the right to accessibility, to demonstrate how the courts have spearheaded various structural enhancements in the accessibility regime in India. The paper is concluded by drawing attention to the need for greater synchronicity in the adjudication and implementation of the principle of accessibility. Full article

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

18 pages, 279 KiB

Open AccessArticle

Explaining Asylum Law Using Qualitative Comparative Analysis

by Philip Kretsedemas

Laws 2024, 13(4), 53; https://doi.org/10.3390/laws13040053 - 14 Aug 2024

Abstract

This article demonstrates how Qualitative Comparative Analysis (QCA) can be applied to the study of case law, with an emphasis on the granular analysis of jurisprudence. This article’s empirical focus is a study of asylum decisions issued by the US Circuit Courts. Prior [...] Read more.

This article demonstrates how Qualitative Comparative Analysis (QCA) can be applied to the study of case law, with an emphasis on the granular analysis of jurisprudence. This article’s empirical focus is a study of asylum decisions issued by the US Circuit Courts. Prior research, using statistical methods, has observed disparities in asylum case outcomes that are partly explained by sociopolitical factors such as the partisan affiliation, gender, and home-state politics of the judiciary. This article uses QCA to revisit these findings; incorporating an analysis of jurisprudential criteria alongside the sociopolitical factors that have been identified by prior studies. All of the Circuit Court decisions for the cases included in the QCA analysis were issued during the first year of the Trump presidency; a time at which asylum-seekers at the US–Mexico border were becoming a focal point both for immigration enforcement and a polarized national debate over immigration policy. Despite the charged political context for these decisions, the QCA findings show that the two most decisive factors for Circuit Court decision-making on these cases were their rulings on nexus and patterns of decision-making that were specific to each court. The closing discussion cautions the reader against generalizing these findings to all appellate-level asylum decisions out of consideration for the epistemological orientation of QCA. Hence, the findings from this study should not be taken as conclusive evidence that sociopolitical factors are of little causal value for research on the appellate courts. Nevertheless, the findings do indicate that more attention should be paid to the explanatory power of jurisprudence. The concluding discussion also highlights the potential that QCA holds for building out a logic-based theory of legal decision making that can account for jurisprudence in tandem with sociopolitical factors and localized cultures of decision-making that help to explain disparate applications of the law. Full article

9 pages, 205 KiB

Open AccessArticle

Disabled Pedestrians, Micromobility, and Furthering Disability Equality Law through Consultation: A Case Study of the Toronto E-Scooter Ban

by Laverne Jacobs and Harry Dhaliwal

Laws 2024, 13(4), 52; https://doi.org/10.3390/laws13040052 - 13 Aug 2024

Abstract

This article documents and explores the history of the e-scooter ban in Toronto, Ontario, Canada as a pathway to examining broader issues concerning the eradication of accessibility barriers in public spaces for pedestrians with disabilities and respectful uses of consultation to develop disability-inclusive [...] Read more.

This article documents and explores the history of the e-scooter ban in Toronto, Ontario, Canada as a pathway to examining broader issues concerning the eradication of accessibility barriers in public spaces for pedestrians with disabilities and respectful uses of consultation to develop disability-inclusive regulations. The use of e-scooters poses a particular dilemma to accessibility for persons with disabilities. On the one hand, the concept of disability contemplates attitudinal and environmental barriers, as noted, for example, in the Preamble of the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD). Attitudinal and environmental barriers have traditionally stemmed from interests that are inherently opposed to the collective interests of disabled persons. Examples include attitudes that project stigma against persons with disabilities or a focus on seeking to preserve historical features of the built environment for their aesthetics, without consideration for their accessibility or functionality for disabled persons. They have also generally originated in periods of historical marginalization or exclusion of persons with disabilities. By contrast, e-scooter debates and connected debates regarding the regulation of micromobility vehicles, contain at least one dimension that could very well be shared with persons with disabilities—that is, the preservation of the environment. E-scooters are also a phenomenon of contemporary disability exclusion: policies concerning environmental sustainability, including those promoting e-scooters, are being developed contemporaneously with growing international and national legal recognition of disability rights. These factors render arguments over appropriate regulation of the use of public spaces more complex as, within those arguments, one sees two competing positive policy directions that need to be addressed: the rights of pedestrians with disabilities and environmental sustainability. This article concludes with theoretical and practical suggestions for strengthening regulatory policymaking to address these and other complex intersectional issues of accessibility policy design. Full article

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

1 pages, 138 KiB

Open AccessRetraction

RETRACTED: Ahmad (2021). Protecting the Rights of Minorities under International Law and Implications of COVID-19: An Overview of the Indian Context. Laws 10: 17

by Nehaluddin Ahmad

Laws 2024, 13(4), 51; https://doi.org/10.3390/laws13040051 - 9 Aug 2024

Abstract

Laws retracts the article “Protecting the Rights of Minorities under International Law and Implications of COVID-19: An Overview of the Indian Context” (Ahmad 2021), cited above [...] Full article

(This article belongs to the Special Issue The Crisis of Religious Freedom in the Age of COVID-19 Pandemic)

10 pages, 175 KiB

Open AccessArticle

The UDHR at 75: Analysing the Prevalence of the Use of the UDHR and Other Human Rights Treaties in the Work of the Constitutional Court of South Africa

by Angelo Dube

Laws 2024, 13(4), 50; https://doi.org/10.3390/laws13040050 - 6 Aug 2024

Abstract

South Africa’s democracy turned 30 years old in 2024. At the same time, its constitutional order and jurisprudence marked three decades since the Interim Constitution and its successor, the 1996 Constitution, came into operation. Coincidentally, the Universal Declaration of Human Rights (UDHR) turned [...] Read more.

South Africa’s democracy turned 30 years old in 2024. At the same time, its constitutional order and jurisprudence marked three decades since the Interim Constitution and its successor, the 1996 Constitution, came into operation. Coincidentally, the Universal Declaration of Human Rights (UDHR) turned 75 years old in the previous year, 2023. The confluence of these facts is quite poignant in the context of a constitutional text that is often lauded for its commitment to the protection of human rights and the eradication of the injustices of the past, which were firmly entrenched by the segregationist policies of the apartheid regime. At the centre of this hype about South African constitutional jurisprudence is the centrality of international law to the interpretation of the Bill of Rights as well as the development of the common law, customary law, and statutory law. With the UDHR being such a central pillar in the human rights sector, this study set out to determine the extent to which the Constitutional Court of South Africa relied on the UDHR and other international instruments in carrying out the mandate set out above. The study analysed cases delivered by the Court in two separate years, spaced ten years apart. The study did not necessarily attempt to determine a correlation, but simply to use descriptive statistics to determine how often, in those two years, the Court relied on international law in general, and on the UDHR in particular, in its interpretive and legal development mandate. Full article

(This article belongs to the Special Issue Rethinking Human Rights)

14 pages, 235 KiB

Open AccessArticle

Criminalizing Abuse, Neglect, and Financial Exploitation of Older Adults

by Julie N. Brancale and Thomas G. Blomberg

Laws 2024, 13(4), 49; https://doi.org/10.3390/laws13040049 - 30 Jul 2024

Abstract

The criminalization of abuse, neglect, and financial exploitation of older adults did not begin until the late 1990s in the United States. During this time, a number of states enacted laws criminalizing certain abusive and exploitive behaviors committed against older adults and added [...] Read more.

The criminalization of abuse, neglect, and financial exploitation of older adults did not begin until the late 1990s in the United States. During this time, a number of states enacted laws criminalizing certain abusive and exploitive behaviors committed against older adults and added punishment enhancements to existing laws if victims were over a certain age. These laws and policies, and the impetus for them, mirrored those enacted decades prior as part of the child welfare movement, with connections drawn between the vulnerability of younger and older victims. Despite passage of these various abuse and exploitation laws for older adults, significant challenges remain in the identification, investigation, and prosecution of crimes committed against this population. Further, the population of older adults has been rapidly expanding along with rates of victimization, elevating the importance of this escalating social problem. This paper identifies limitations in the prior research by describing the past, present, and likely future of U.S. law and policy intended to effectively respond to crimes against older adults and concludes with a research and policy agenda. Full article

21 pages, 315 KiB

Open AccessArticle

Energy Security, Energy Transition, and Foreign Investments: An Evolving Complex Relationship

by Maria Rosaria Mauro

Laws 2024, 13(4), 48; https://doi.org/10.3390/laws13040048 - 19 Jul 2024

Abstract

Energy has historically enticed significant interest from foreign investors. Simultaneously, it has perpetually held a pivotal position in any nation’s framework. Consequently, governments have long regarded energy security as a paramount concern, crucial for ensuring national stability. Energy security, simply put, is defined [...] Read more.

Energy has historically enticed significant interest from foreign investors. Simultaneously, it has perpetually held a pivotal position in any nation’s framework. Consequently, governments have long regarded energy security as a paramount concern, crucial for ensuring national stability. Energy security, simply put, is defined as “the availability of sufficient supplies at affordable prices.” However, a more contemporary perspective also emphasizes the necessity for long-term sustainability in the supply. This perspective adds a new foundational element—sustainability—to the concept of energy security. Stemming from this premise, two phenomena in the energy sector emerge that could impact international foreign direct investment (FDI) flows. Firstly, the transition from hydrocarbons to renewable sources necessitates substantial investment, wherein foreign investments could play a pivotal role. Secondly, there is an increasing trend of States utilizing FDI for strategic objectives. The acquisition of strategic energy infrastructure by foreign entities is now perceived as a risk to the energy supply security of nations. Consequently, several States have bolstered their FDI screening mechanisms to assess potential impacts on supply security, infrastructure operation, and national security in general. These two aforementioned phenomena may sometimes conflict. This article aims to analyze the intricate relationship between energy security, energy transition, and foreign investments. The author posits that an overly broad interpretation of national security and the misuse of screening mechanisms could serve as instruments for shielding the domestic economy, potentially undermining the foreign investment legal framework. Such an approach in the energy sector could have a “chilling effect,” leading to a reduction in FDI and impeding the energy transition or the attainment of other energy-related objectives. At the same time, a deep reform of the international investment regime is required, which should go through a modification of International Investment Agreements (IIAs) clauses but also through a more environmentally friendly approach by investment arbitral tribunals. It appears extremely difficult to find a balance between international investment law and environmental/climate change law. In this context, the Energy Charter Treaty (ECT), which has recently undergone a “modernization process,” is assumed to be a test bench. Full article

(This article belongs to the Special Issue The Climate Change International Investment and Trade Disputes: Legal and Political Implications)

8 pages, 192 KiB

Open AccessEssay

The Right to Data Portability as a Personal Right

by Alejandro Laje and Klaus Schmidt

Laws 2024, 13(4), 47; https://doi.org/10.3390/laws13040047 - 15 Jul 2024

Abstract

The right to the portability of personal data guarantees the interested party the right to receive personal data that concern themselves. Specifically, data which a person has provided to a ‘data collector’ in a structured format can currently be transmitted to another ‘data [...] Read more.

The right to the portability of personal data guarantees the interested party the right to receive personal data that concern themselves. Specifically, data which a person has provided to a ‘data collector’ in a structured format can currently be transmitted to another ‘data collector’ without any legal consequences as long as the original ‘collector’ has received consent either derived via a contract or other means. This data transaction from one ‘collector’ to another is often carried out by automated means; it is easily technically possible and is therefore considered to not negatively affect the rights and freedoms of others. This right to data transfer is guaranteed when it comes to data collected in the public interest or in the exercise of public powers conferred on the ‘collector’. The main precedent to the right to data portability is the EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, regarding the protection of natural persons with respect to the processing of personal data and their free circulation, which repeals Directive 95/46/EC (General Data Protection Regulation). In Article 20, this regulation discusses the right to data portability, establishing the basic guidelines for this right. Thus, a new personal right is guaranteed, given the context of the general protection of data. In order to strengthen control over their own data, a natural person must also be allowed to receive data in the same structured way. Full article

24 pages, 1586 KiB

Open AccessViewpoint

Beyond Auto-Brewery: Why Dysbiosis and the Legalome Matter to Forensic and Legal Psychology

by Alan C. Logan, Susan L. Prescott, Erica M. LaFata, Jeffrey J. Nicholson and Christopher A. Lowry

Laws 2024, 13(4), 46; https://doi.org/10.3390/laws13040046 - 11 Jul 2024

Abstract

International studies have linked the consumption of ultra-processed foods with a variety of non-communicable diseases. Included in this growing body of research is evidence linking ultra-processed foods to mental disorders, aggression, and antisocial behavior. Although the idea that dietary patterns and various nutrients [...] Read more.

International studies have linked the consumption of ultra-processed foods with a variety of non-communicable diseases. Included in this growing body of research is evidence linking ultra-processed foods to mental disorders, aggression, and antisocial behavior. Although the idea that dietary patterns and various nutrients or additives can influence brain and behavior has a long history in criminology, in the absence of plausible mechanisms and convincing intervention trials, the topic was mostly excluded from mainstream discourse. The emergence of research across nutritional neuroscience and nutritional psychology/psychiatry, combined with mechanistic bench science, and human intervention trials, has provided support to epidemiological findings, and legitimacy to the concept of nutritional criminology. Among the emergent research, microbiome sciences have illuminated mechanistic pathways linking various socioeconomic and environmental factors, including the consumption of ultra-processed foods, with aggression and antisocial behavior. Here in this review, we examine this burgeoning research, including that related to ultra-processed food addiction, and explore its relevance across the criminal justice spectrum—from prevention to intervention—and in courtroom considerations of diminished capacity. We use auto-brewery syndrome as an example of intersecting diet and gut microbiome science that has been used to refute mens rea in criminal charges. The legalome—microbiome and omics science applied in forensic and legal psychology—appears set to emerge as an important consideration in matters of criminology, law, and justice. Full article

(This article belongs to the Topic The Role of Forensic Psychology in Police, Clinical and Investigative Areas)

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15 pages, 278 KiB

Open AccessArticle

The OECD Dispute Resolution System in Tax Controversies

by Marco Greggi and Anna Miotto

Laws 2024, 13(4), 45; https://doi.org/10.3390/laws13040045 - 10 Jul 2024

Abstract

The article analyses the latest international tax law developments in dispute resolution settlement protocols and the need for effective multilateral solutions to prevent international double taxation. While several treaties currently minimise the risks of international double taxation, more must be achieved to provide [...] Read more.

The article analyses the latest international tax law developments in dispute resolution settlement protocols and the need for effective multilateral solutions to prevent international double taxation. While several treaties currently minimise the risks of international double taxation, more must be achieved to provide judicial remedies in cases where two states want to tax the same income simultaneously. The OECD has developed a dispute resolution system based on arbitration clauses to be introduced in conventions signed by the state and a brand-new MLI (multilateral instrument) that should be applicable on a broader scale. These remedies have proven unsatisfactory as the taxpayer is not entitled to play any role in these (arbitration) procedures and cannot stand personally in front of any panel. The authors argue that such a scenario is inconsistent with the rule of law and the due process clauses and should be amended. Creating a supranational court with the entitlement to adjudicate the power to tax would be the optimal solution, but this would collide with the position of several states and their distrust of the international judiciary in tax matters. Full article

19 pages, 345 KiB

Open AccessArticle

Reconceptualizing Policing for Cybercrime: Perspectives from Singapore

by Azfer A. Khan

Laws 2024, 13(4), 44; https://doi.org/10.3390/laws13040044 - 10 Jul 2024

Abstract

As cybercrime proliferates globally, law enforcement agencies face significant challenges in responding effectively. This essay shares perspectives from Singapore, where cybercrime accounted for about 70% of the total annual crime in 2023, with no clear data on case resolution rates. This situation reflects [...] Read more.

As cybercrime proliferates globally, law enforcement agencies face significant challenges in responding effectively. This essay shares perspectives from Singapore, where cybercrime accounted for about 70% of the total annual crime in 2023, with no clear data on case resolution rates. This situation reflects a broader global trend and highlights the need to reconceptualize policing objectives in cyberspace. The fundamental differences between cybercrime and physical crime necessitate a shift from emphasizing the identification and prosecution of perpetrators to adopting a harm-centric perspective. Under this perspective, structures and policies should be implemented to disrupt financial flows, ensure data security, disrupt the spread of harmful content, and prevent physical damage. Once this is done, strategies such as public–private partnerships, international cooperation, and training and building capabilities to address specific harms can be more effectively implemented to mitigate the growing threat that cybercrime poses worldwide. Full article

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

31 pages, 345 KiB

Open AccessArticle

Enhancing the Accessibility of Pedestrian Environments: Critical Reflections on the Role of the Public Sector Equality Duty

by Anna Lawson, Maria Orchard, Ieva Eskyte and Morgan Campbell

Laws 2024, 13(4), 43; https://doi.org/10.3390/laws13040043 - 4 Jul 2024

Abstract

The British Equality Act 2010’s Public Sector Equality Duty (PSED) aims to mainstream equality into the decision-making of public authorities. Although it has generated substantial critique, it has been the subject of surprisingly few empirical investigations, and existing literature does not address the [...] Read more.

The British Equality Act 2010’s Public Sector Equality Duty (PSED) aims to mainstream equality into the decision-making of public authorities. Although it has generated substantial critique, it has been the subject of surprisingly few empirical investigations, and existing literature does not address the role of the PSED in enhancing accessibility—either in the specific context of streetscapes or more generally. Here, we present the findings of a doctrinal and qualitative study on this topic. It consists of a critical review of relevant case law and an empirical study in which we interviewed disability campaigners, lawyers, and people working in or for public authorities. Two broad issues emerged from the empirical investigation: involvement and enforcement—on each of which our interviewees identified a range of concerns. These, together with our critique of case law, inform our analysis of the impact and effectiveness of the PSED in the context of streetscape accessibility, and accessibility more broadly. We conclude that, while the PSED (together with other Equality Act duties) is charged with a critical role in embedding equality—and, therefore, accessibility—in public authority decision-making, various factors have severely hampered its ability to deliver. Accessibility too often appears to be subordinated to other policy agendas instead of being embedded within them. There is an urgent need for reform to ensure that accessibility is suitably prioritised—both generally and in the particular context of streetscapes. Full article

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

15 pages, 259 KiB

Open AccessArticle

Managing Active Shooter Events in Schools: An Introduction to Emergency Management

by Selina E. M. Kerr

Laws 2024, 13(4), 42; https://doi.org/10.3390/laws13040042 - 2 Jul 2024

Abstract

Active shooter events involving an armed perpetrator(s) on campus are one of the main risks facing K-12 schools. Defined as planning for and responding to emergency situations, emergency or crisis management allows for an ‘acceptable’ level of risk to be achieved. This paper [...] Read more.

Active shooter events involving an armed perpetrator(s) on campus are one of the main risks facing K-12 schools. Defined as planning for and responding to emergency situations, emergency or crisis management allows for an ‘acceptable’ level of risk to be achieved. This paper will go through the four principles of emergency management, detailing what each stage involves and how it can reduce risk. The first of these is mitigation, which prevents crises occurring in the first place. Effective risk and threat assessment are pertinent to this stage. Secondly, there is preparedness, which enhances the capacity of an organization to respond to various incidents. This involves drafting emergency management plans and practicing these to ensure readiness to respond. The next principle is responding to a crisis, denoting the actions taken during and immediately after a crisis, should one transpire. The final facet of emergency management planning is recovery, referring to the short-to-long-term phase of restoring a community following an incident. This paper will share insights obtained from a recent event, The Briefings, held by the I Love U Guys foundation, one of the leading school safety organizations in the United States. Specifically, the paper will focus on a possible training approach to active shooter events and other emergencies, the organization’s emergency management framework called the ‘Standard Response Protocol’. Additionally, this paper will incorporate relevant scholarly readings in order to provide an introduction to the topic of emergency management. Full article

(This article belongs to the Special Issue Issues in K-12 School Violence in the United States)

24 pages, 385 KiB

Open AccessArticle

National Parks and Protected Areas: A Comparison of the Approach Taken in the UK and France for the Protection of Green Spaces

by Caroline Cox and Meganne Natali

Laws 2024, 13(4), 41; https://doi.org/10.3390/laws13040041 - 30 Jun 2024

Abstract

Across the globe, national parks are frequently described in terms of their diverse wildlife, spectacular scenery, and cultural heritage. These extraordinary land (and sea) scapes are known to be important for the health and mental wellbeing of the people who visit them, but [...] Read more.

Across the globe, national parks are frequently described in terms of their diverse wildlife, spectacular scenery, and cultural heritage. These extraordinary land (and sea) scapes are known to be important for the health and mental wellbeing of the people who visit them, but for many, they are also the place where they live and work. The COVID-19 pandemic lockdowns of 2020 and 2021 witnessed the importance of being in nature and exercising in green spaces, and part of the COVID-19 inheritance has been the rise of the so-called “staycation”, which has seen people becoming less inclined to travel overseas and more inclined to the explore nature and landscapes closer to home. While this has undoubtedly meant economic benefits to National Parks, it has also brought challenges that are yet to be fully realised and dealt with. This paper considers the laws and regulations in place to protect these special places in two jurisdictions, France and the United Kingdom, through the lens of two of those countries’ National Parks—the New Forest and the Calanques. Full article

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

14 pages, 253 KiB

Open AccessArticle

A Lived Experience Well-Understood: What Montesquieu’s The Spirit of the Laws Can Tell Us about Civic Learning in Higher Education

by Constantine Christos Vassiliou

Laws 2024, 13(4), 40; https://doi.org/10.3390/laws13040040 - 27 Jun 2024

Abstract

This article considers how Montesquieu’s theoretical response to his perceived dangers of modern commerce may guide us on teaching citizenship in higher learning today. I argue that a Montesquieu informed framework for civic learning, which primarily stresses a careful study of the nation’s [...] Read more.

This article considers how Montesquieu’s theoretical response to his perceived dangers of modern commerce may guide us on teaching citizenship in higher learning today. I argue that a Montesquieu informed framework for civic learning, which primarily stresses a careful study of the nation’s existing constitutional and positive laws, would (1) entail a baseline level of scientific and economic literacy to deepen our understanding of how commercial modernity’s most recent innovations may undermine the authority of those laws if left unchecked, and (2) cultivate an appreciation for the laws, mores, institutions, and practices that some of these same innovations threaten to dissolve if left unchecked. The article concludes with practical recommendations on how to cultivate resilient future custodians of our self-governing republic. I contend that universities need to provide a learning environment that inspires students to crave different kinds of success or recognition, distinctly highlighting the need for heavy restrictions on the use of electronics in the classroom. I then propose that civics-focused curricula must ensure that students are furnished with the requisite technocratic expertise to (1) recognize how their daily economic decisions as private citizens will impact the public interest and (2) exercise prudent judgment over future legislation aiming to safeguard individual liberties within a techno-mediated twenty-first century commercial world. Full article

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

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