Search Results (135)

This study evaluates the effectiveness of Jordan’s judiciary in overseeing electoral appeals within the framework of a constitutional monarchy. Adopting a mixed-methods approach, it combines doctrinal legal analysis of key constitutional provisions and Election Law No. 4 of 2022 with a comparative examination of electoral adjudication in Tunisia, Egypt, and Lebanon. The study is further strengthened by a structured content analysis of 120 appellate rulings issued between 2015 and 2023 and by qualitative insights drawn from anonymized interviews with judicial personnel engaged in electoral dispute resolution. Although Jordan’s legal framework formally empowers the judiciary to adjudicate electoral disputes, five structural limitations persist: narrow standing rules, rigid evidentiary thresholds, judicial reluctance to exercise investigatory powers, opaque reasoning in judgments, and the absence of specialized electoral courts. These constraints reflect systemic tensions between formal judicial independence and the realities of constrained discretion in hybrid regimes. An empirical analysis of 127 Jordanian electoral appeal cases from 2013 to 2020 reveals that a mere 7% of disputed electoral outcomes were overturned, whereas 73% of allegations were disregarded due to insufficient evidence. Furthermore, it is noteworthy that only 31% of rulings were publicly accessible, in stark contrast to the 89% accessibility rate observed in Tunisia. By identifying and addressing these systemic limitations, the study contributes to ongoing discourse on institutional reform and democratic resilience. In doing so, it underscores the importance of robust electoral justice mechanisms for sustaining public trust, rule of law, and inclusive governance—principles central to political and institutional sustainability as reflected in Sustainable Development Goal 16. Full article

Italian Court of Cassation Ruling Decree 30032 of 30 October 2023 discusses a medical malpractice case concerning the diagnosis of dermatofibrosarcoma protuberans and the alleged diagnostic and therapeutic delay. By examining how the ruling frames the role of histopathology in proving pathology benignity, authors prompt to reflect on diagnostic path, the allocation of the burden of proof, and the role of dermatologist’s expertise in professional liability issues. Over a four-year period, five health professionals were involved in a claim concerning an initial diagnosis of an epidermoid cyst and a subsequent diagnosis of dermatofibrosarcoma protuberans. The plaintiff questioned the delay in diagnosis, and the Court of Cassation found two physicians liable because they could not prove that the treated pathology was initially benign. We argue that equating diagnostic correctness exclusively with histological confirmation is unnecessary, both clinically and legally, in typical cases, if the reasoning and findings are adequately documented. Additionally, we examine the value of dermatologists’ experience and the scope of professional competence as measures of liability. Finally, we outline the minimum standards of clinical documentation necessary to make the diagnostic pathway traceable and verifiable. The diagnostic process is a discretionary effort that integrates multiple sources of information, both instrumental and experiential, to reach the most reasonable hypothesis. While histopathology is a crucial tool, it is not the sole gateway to a correct diagnosis of every cutaneous alteration. Adequate disclosure and structured documentation of the diagnostic reasoning are fundamental to the care process and fair assessment of professional responsibility. Full article

This paper interrogates two important but obscured admission policy developments at leading American universities in the post-World War II era. First, we critically examine the University of California’s “special admissions,” later formalized as the “Admission by Exception” policy adopted at two flagship campuses (Berkeley and UCLA) to open opportunities for veterans returning from the War under the GI Bill. The scale of this Admission by Exception policy was orders of magnitude larger than any comparable admissions policy in recent decades, including both the eras with and without legally permissible affirmative action. Second, we excavate archival evidence from the immediate aftermath of the 1954 Brown v. Board of Education decision, where leaders at the flagship University of Texas at Austin campus hastily adopted a new standardized exam requirement because their enrollment modeling indicated this was the most efficient way to not face further losses in federal court while excluding the largest number of African Americans (and thereby resisting Brown) and maintaining the same overall size of the freshmen class. These two post-war admission policy changes, one arising in de facto segregated California and the other in de jure segregated Texas, operated as racialized institutional mechanisms analogous to “redlining” racially restrictive housing policies that are a more familiar feature of the post-War era. We draw on historical data about earnings and wealth accumulation of the overwhelmingly white graduates of UC and UT in the 1950s–70s and connect these findings to the theoretical frameworks of Cheryl Harris’s “whiteness as property” and George Lipsitz’s racialized state investment. We show how these admission policies contributed to the intergenerational transfer of advantage. We then turn to the contemporary admissions landscape at highly selective American universities after the Supreme Court’s SFFA v. Harvard ruling. We link current trends at some elite institutions toward a return to standardized testing requirements, maintaining considerations of athletic ability mostly in “country club” sports as manifestations of bias in university admissions, which tend to favor white applicants. The paper connects historical racialization of admissions to ongoing inequities in access and outcomes, showing how both historical and contemporary admissions policies reward inherited forms of cultural capital aligned with whiteness. Full article

The 1974 Supreme Court decision Lau v. Nichols established a legal and moral foundation for linguistic equity in American public education. However, the legacy of Lau is still up for debate fifty years later. Through the entwined histories of bilingual education, federal enforcement, and ideological shift, this paper re-examines the ruling. It charts the evolution of dual-language immersion models from transitional bilingual programs, showing how local politics and federal policy have alternately increased and limited linguistic rights. The paper makes the case that Lau’s original vision has been altered by cycles of progress and backlash, reflecting larger conflicts between assimilation and pluralism, rights and resources, equity and gentrification. It does this by drawing on theories of language ideology and raciolinguistics. This analysis shows that language justice in the US depends on institutional and civic commitment as well as legal precedent by placing Lau within the political economy of education reform. Full article

This article examines the institutional reliability of expert evidence in construction litigation in England and Wales. Drawing on doctrinal analysis, practitioner interviews, and comparative evaluation of Australia, Singapore, and international arbitration, it argues that reliability should be understood not as an ethical virtue of individual experts but as a systemic property of evidentiary governance. Despite the procedural safeguards of Part 35 of the Civil Procedure Rules, expert independence remains undermined by adversarial incentives, methodological inconsistency, limited judicial capacity, and weak enforcement. Comparative models demonstrate that concurrent evidence, expert accreditation, and structured judicial oversight can effectively realign procedural incentives with epistemic integrity. The article proposes four interdependent reforms—accreditation, methodological standardisation, judicial capacity-building, and feedback-based oversight—to embed reliability as a procedural norm within the Technology and Construction Court. By reframing reliability as an institutional obligation rather than a moral aspiration, the study contributes to wider debates on evidentiary governance, procedural justice, and the regulation of expertise in technologically complex adjudication. Full article

This article focuses on Florida’s death row in the 1960s and 1970s when executions stopped, even though juries continued to return capital verdicts for murder and (until 1977) rape. It first challenges the conventional wisdom surrounding the moratorium years as there were no executions in Florida from mid-May 1964 until May 1979. It investigates the overlapping governor-initiated pauses, court-ordered postponements, and significant state and national court rulings in this period. This article then explores the experiences of male death row prisoners who were held in solitary confinement with limited human contact on a special wing in the Florida State Prison at Raiford, an often violent and unstable maximum-security state prison. Prior to the Furman v. Georgia (1972) U.S. Supreme Court decision, capital prisoners in Florida waited for up to twelve years for courts and politicians to make crucial death penalty decisions. Death row conditions declined as the number of penalized bodies increased threefold between 1963 and 1972. However, Florida’s death row also became a crucial political, social, and cultural space in which some prisoners directly challenged the biopower of the state prison system, by submitting hand-written legal appeals, offering to participate in military service and medical-scientific research, and engaging in collective petitioning and hunger strike. Full article

Introduction: Aesthetic surgery addresses subjective desires for morphological enhancement and differs from reconstructive surgery due to its elective, non-therapeutic nature. This distinction introduces complex medico-legal challenges, particularly concerning informed consent, patient expectations, and the legal evaluation of aesthetic damage. Materials and Methods: A narrative review was conducted using national legislation, Italian and international clinical guidelines, peer-reviewed literature from PubMed, Scopus, and Web of Science, and Italian Supreme Court rulings. Eight commonly litigated aesthetic procedures were analyzed in terms of clinical indications, public reimbursement criteria, and medico-legal risk. Results: Findings revealed significant variability in medico-legal exposure among procedures. Fully elective interventions such as liposuction and breast augmentation carried the highest litigation risk. Common legal claims included inadequate informed consent, poor psychological assessment, and mismatched expectations. The review emphasizes the need for personalized consent processes and comprehensive preoperative evaluations. Discussion: Italian case law increasingly adopts a “mixed obligation” model for aesthetic surgery, requiring not only technical skill but also a prognostic and relational evaluation of the intervention. Informed consent must be detailed, individualized, and well-documented, as it holds greater legal weight than in therapeutic procedures. Predictive medico-legal tools such as psychological profiling and structured consent protocols are essential for risk mitigation. Conclusions: Modern aesthetic surgery requires a redefined approach to damage assessment that incorporates psychological, relational, and identity factors. In both clinical and surgical practice, an approach tailored to the patient’s psychological profile must be increasingly taken into consideration, both when proposing and carrying out treatments and in medical-legal assessments. A legally and ethically sound practice depends on transparency, documentation, and patient-centered care, especially in the absence of therapeutic indications. Full article

The present study aimed to examine the influence of different competition models on the physical performance of under-14 female volleyball players, attending to biological maturity development. A quasi-experimental design was conducted involving 29 regional-level players (mean percentage of predicted adult height [PAH] = 95.38%). Three tournament formats were implemented: Standard Tournament (ST) 1 followed official regulations; Modified Tournament 1 (MD1) featured modified rules including a reduced net height (from 2.10 m to 2.00 m), prohibition of jump serves, and a maximum of two consecutive serves per rotation; and Modified Tournament 2 (MD2) included all prior modifications alongside a reduced court size (from 9 × 9 m to 8 × 8 m). Performance metrics analyzed included the number of accelerations, decelerations, impacts, and jumps (total count, G-force, take-off, and landing characteristics). Measures were gathered using a local positioning system (LPS) device based on UWB technology and an inertial measurement (IMU; WIMU PROTM, Real Track Systems, Almeria, Spain). Significant differences were observed between the tournaments, with Modified Tournament 1 (MD1) and Modified Tournament 2 (MD2) showing higher values in accelerations (p = 0.005), decelerations (p = 0.005), impacts (p < 0.01), and jumps (p < 0.01) compared to Standard Tournament. Notably, the greatest improvements were found between Standard Tournaments (ST) and Modified Tournament 2 (MD2). These findings suggest that modified competition formats enhance kinematic performance in under-14 female volleyball players. The results support the need for age- and maturity-appropriate adjustments to competition regulations in youth volleyball. Full article

This article examines the murals of Dabaoji Palace in Lijiang during the Ming Dynasty, analyzing their tripartite religious spatial configuration to elucidate how the Mu chieftains visualized and asserted their political and cultural agency as local elites operating at the empire’s south-western frontier within the framework of imperial authority. Through an interdisciplinary methodology that combines textual research, spatial analysis, and iconographic interpretation, the study identifies and theorizes a threefold religious spatial model in Dabaoji Palace: a Daoist facade symbolizing allegiance to the Ming court, a Han Buddhist-dominated central hybrid space asserting political authority and local agency in cultural mediation, and a secluded Tibetan esoteric sanctum providing sacral legitimacy for frontier governance. This tripartite spatial configuration is interpreted as a strategic localization of religious space that embodies the Mu chieftains’ response to Ming frontier administration. By highlighting the Sino-Tibetan artistic synthesis in the murals, the paper argues that the Mu chieftains, as Naxi elites in a borderland context, crafted a visual narrative of frontier rule that both reinforced their ties to the Ming court and forged a distinctive local identity. In doing so, their initiatives contributed to the cultural integration of multi-ethnic communities in northwest Yunnan and laid the foundation for the formation of a shared national identity. Full article

Legal judgment prediction is an emerging application of artificial intelligence in the legal domain, offering significant potential to enhance legal decision support systems. Such systems can improve judicial efficiency, reduce burdens on legal professionals, and assist in early-stage case assessment. This study focused on predicting whether a legal case would be Accepted or Rejected using only the Fact section of court rulings. A key challenge lay in processing long legal documents, which often exceeded the input length limitations of transformer-based models. To address this, we proposed a two-step methodology: first, each document was segmented into sentence-level inputs compatible with AraBERT—a pretrained Arabic transformer model—to generate sentence-level predictions; second, these predictions were aggregated to produce a document-level decision using several methods, including Mean, Max, Confidence-Weighted, and Positional aggregation. We evaluated the approach on a dataset of 19,822 real-world cases collected from the Saudi Arabian Commercial Court. Among all aggregation methods, the Confidence-Weighted method applied to the AraBERT-based classifier achieved the highest performance, with an overall accuracy of 85.62%. The results demonstrated that combining sentence-level modeling with effective aggregation methods provides a scalable and accurate solution for Arabic legal judgment prediction, enabling full-length document processing without truncation. Full article

Environmental, Social, and Governance (ESG) ratings are widely used for investment and regulatory decision-making, yet they often suffer from symbolic compliance and information asymmetry. To address these limitations, this study introduces a hybrid ESG risk assessment model that integrates court ruling data with traditional ESG ratings to detect latent sustainability risks. Using a dataset of 213 ESG-related U.S. court rulings from January 2023 to May 2025, we apply natural language processing (TF-IDF, Legal-BERT) and explainable AI (SHAP) techniques to extract structured features from legal texts. We construct and compare classification models—including Random Forest, XGBoost, and a Legal-BERT-based hybrid model—to predict firms’ litigation risk. The hybrid model significantly outperforms the baseline ESG-only model in all key metrics: F1-score (0.81), precision (0.79), recall (0.84), and AUC-ROC (0.87). SHAP analysis reveals that legal features such as regulatory sanctions and governance violations are the most influential predictors. This study demonstrates the empirical value of integrating adjudicated legal evidence into ESG modeling and offers a transparent, verifiable framework to enhance ESG risk evaluation and reduce information asymmetry in sustainability assessments. Full article

Informed consent is a fundamental component of both the right to health and self-determination. Its violation, which occurs when the acquisition process is absent or flawed, can also lead to legal proceedings for isolated harm, regardless of the simultaneous existence of those related to biological and psychological harm. Across Europe, this remains a legal and ethical cornerstone, increasingly important in the context of cross-border care and culturally diverse healthcare settings. Many countries have enacted specific laws to ensure patients receive adequate information, while courts continue to refine its interpretation—often highlighting the inadequacy of informed consent in daily clinical practice. In Italy, in particular, recent rulings underscore the need for clear, comprehensive, and properly documented consent formats for health treatments. This review synthesizes rulings, regulations, and the scientific literature to offer practical guidance for improving informed consent practices in Italy, valuing the role of forensic experts in the integration in healthcare settings of the different interests at stake. The aim is to support both legal compliance and the delivery of high-quality, patient-centred care. Courts and legislation in Italy demand clear and tailored informative disclosure for health treatments, with indications of the treatment and outcomes, to be in written form. Yet, foreseeable risks, more common complications, and alternative treatment options are often poorly communicated in practice—frequently forming the basis of claims for compensation. Integrating team-based consultations and multimedia tools can significantly enhance patient understanding and secure the informed consent process. Those key points are summarized in a brief table, ideally suggesting the minimal requirements for an informed consent form. Investing in standardizing informed consent protocols, and also fostering the sharing of best practices with forensic medicine experts, are crucial steps in ensuring shared decision-making in healthcare and trying to reduce legal disputes. Full article

“Close-quarters situation” is the term that appears in the International Regulations for Preventing Collisions at Sea, but it lacks a precise definition. For this reason, the authors explore various interpretations and definitions provided by different scholars and court rulings, relying on legal precedents and judicial decisions. Ultimately, they propose their own definition of the term. Each navigator aims to establish the minimum safe distance from another vessel and the time until the closest point of approach within which a collision can still be avoided through appropriate action. Based on the proposed definition of a close-quarters situation, simulations were conducted using a navigational simulator to establish the minimum safe distances and the time frame in which a vessel can still maneuver to prevent a collision. A total of 168 simulations were performed, utilizing three different sizes of fine-form vessels and three sizes of full-form vessels. Due to the extensive data set, this paper presents results for only two vessels. To facilitate a better comparison of the maneuvering characteristics of different hull forms, one fine-form vessel and one full-form vessel of approximately the same dimensions were selected for analysis. Full article

The ongoing degradation of global forests has severely weakened ecosystem service functions, and traditional judicial remedies have struggled to quantify intangible ecological losses. China has become an important testing ground for restorative justice through the establishment of specialized environmental courts and the practice of environmental public interest litigation. Since 2015, China has actively explored and institutionalized the application of the concept of restorative justice in its environmental justice reform. This concept emphasizes compensating environmental damages through actual ecological restoration acts rather than relying solely on financial compensation. This shift reflects a deep understanding of the limitations of traditional environmental justice and an institutional response to China’s ecological civilization construction, providing critical support for forest ecosystem restoration and enabling ecological restoration activities, such as replanting and re-greening, habitat reconstruction, etc., to be enforced through judicial decisions. This study conducts a qualitative analysis of judicial rulings in forest restoration cases to systematically evaluate the effectiveness of restorative justice in compensating for losses in forest ecosystem service functions. The findings reveal the following: (1) restoration measures in judicial practice are disconnected from the types of ecosystem services available; (2) non-market values and long-term cumulative damages are systematically underestimated, with monitoring mechanisms exhibiting fragmented implementation and insufficient effectiveness; (3) management cycles are set in violation of ecological restoration principles, and acceptance standards lack function-oriented indicators; (4) participation of key stakeholders is severely lacking, and local knowledge and professional expertise have not been integrated. In response, this study proposes a restorative judicial framework oriented toward forest ecosystem services, utilizing four mechanisms: independent recognition of legal interests, function-matched restoration, application of scientific assessment tools, and multi-stakeholder collaboration. This framework aims to drive a paradigm shift from formal restoration to substantive functional recovery, providing theoretical support and practical pathways for environmental judicial reform and global forest governance. Full article

In Fulton v. City of Philadelphia, the United States Supreme Court ruled that the city of Philadelphia could not exclude a Catholic Social Services agency from the city’s foster care system because it would not work with same-sex couples. Access to foster care agencies, however, is a public benefit that should not involve religious qualifications interposed by a nongovernmental organization. When aided by public funds, religious organizations should not receive exemptions from nondiscrimination laws to deny potential clients services because they disagree with these clients’ religious beliefs, sexual orientations, or marital status. First, equal access to public funds is not neutral when it allows religious entities to limit the life plans of others who do not share their convictions. Second, religious entities should certainly be able to advance religion but not on the public dollar. Finally, although exemptions for these entities augment the free exercise of religion, especially when accompanied by public funds, they also amount to what has been termed a “shadow establishment”. Full article