Social Sciences › Political Science and International Relations

Legal Systems and Judicial Processes

Works Count: 108906

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This cluster of papers covers a wide range of legal and policy topics, including transnational law, international justice, corporate governance, human rights, constitutional law, criminal justice, intellectual property, and environmental law. The papers explore various dimensions of legal and policy issues in a transnational context, reflecting the complexities and challenges of navigating the intersection of law and global affairs.

Keywords

Transnational Law; Policy Dimensions; International Justice; Legal Profession; Human Rights; Corporate Governance; Constitutional Law; Criminal Justice; Intellectual Property; Environmental Law

Overriding Supreme Court Statutory Interpretation Decisions

1991-11-01

William N. Eskridge

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Judicial Partisanship and Obedience to Legal Doctrine: Whistleblowing on the Federal Courts of Appeals

1998-05-01

Frank B. Cross , Emerson H. Tiller

In traditional legal analysis, scholars take for granted the effect of Supreme Court doctrine.Lower courts are presumed to adhere to the self-enforcing principle of stare decisis and to apply the … In traditional legal analysis, scholars take for granted the effect of Supreme Court doctrine.Lower courts are presumed to adhere to the self-enforcing principle of stare decisis and to apply the doctrines of higher courts to the particular facts of the underlying case.' Precedent reputedly controls lowercourt decisions. 2Whether such obedience to legal doctrine occurs as routinely as this analysis suggests, however, has not been adequately addressed in the legal literature.Indeed, there are few empirical studies by legal scholars bearing on the matter at all.'In this Essay, we go to the heart of the issue and

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Judicializing Politics, Politicizing Law

2002-01-01

John Ferejohn

I INTRODUCTION Since World War II, there has been a profound shift in power away from legislatures and toward courts and other legal institutions around the world. This shift, which … I INTRODUCTION Since World War II, there has been a profound shift in power away from legislatures and toward courts and other legal institutions around the world. This shift, which has been called judicialization, (1) has become more or less global in its reach, as evidenced by the fact that it is as marked in Europe, and especially recently in Eastern Europe, as it is in the United States. The spectacles of Italian judges undermining Italy's postwar system of musical cabinets, or of newly energized French judges hounding prime ministers and presidents, are only the most visible aspects of these developments. One could also point to the role, and recent success, of judges in seeking to arrest and prosecute dictators and military leaders. Additionally, our own United States Supreme Court's intervention into electoral politics in Bush v. Gore (2) was yet another manifestation of this trend. One can distinguish at least three ways in which courts have taken on new and important roles relative to legislatures. First, courts have been increasingly able and willing to limit and regulate the exercise of parliamentary authority by imposing substantive limits on the power of legislative institutions. Second, courts have increasingly become places where substantive policy is made. Third, judges have been increasingly willing to regulate the conduct of political activity itself--whether practiced in or around legislatures, agencies, or the electorate--by constructing and enforcing standards of acceptable behavior for interest groups, political parties, and both elected and appointed officials. But judicialization is not simply limited to the increasingly important, pervasive, and direct roles that courts play in making policy. The fact that courts frequently intervene in policy-making processes also means that other political actors, as well as groups seeking political action, have reason to take the possibility of judicial reaction into account. Proposals need to be framed in a way to ensure that legislation will neither be struck down nor interpreted in Undersirable ways. In order to achieve such a result, part of the policy debate over new legislation must aim at anticipating the response of legal institutions. So, we see a global application of one aspect of the phenomenon that de Tocqueville noted about American politics years ago: the transformation of political questions into legal ones. (3) This means that legal/constitutional considerations and rhetoric assume new and sometimes decisive importance in ordinary legislative policy-making. One aspect of judicialization can be observed in the widespread adoption of institutions and practices of constitutional adjudication, even in places with legal institutions and traditions that had long been inhospitable to this process. True, the modes of constitutional adjudication adopted in Europe and elsewhere do not precisely follow the U.S. model. Ordinary European judges are not permitted to strike down legislation; that authority is confined to specialized constitutional courts located outside the judicial system. Nevertheless, many of these new European constitutional courts have been at least as willing to invalidate and modify parliamentary legislation as the U.S. Supreme Court has been--even in its most activist periods. (4) Moreover, the existence of constitutional courts has, in effect, pressed ordinary judges to take account of constitutional issues in their everyday judicial activities. For example, European judges regularly interpret legislative statutes and administrative ordinances in view of the constitution and decide which issues need to be referred to the constitutional court. (5) Moreover, the rise of constitutional adjudication has transformed the landscape of parliamentary politics by forcing legislators to take constitutional considerations into account when crafting legislative schemes. …

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Race, Racism, and American Law

1974-02-01

Derrick Bell

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Doubt is their product: how industry's assault on science threatens your health

2009-01-01

David Michaels

Introduction: Sound or Sounds Like Science? 1. The Manufacture of Science 2. Workplace Cancer before OSHA: Waiting for the Body Count 3. America Demands Protection 4. Why our Children are … Introduction: Sound or Sounds Like Science? 1. The Manufacture of Science 2. Workplace Cancer before OSHA: Waiting for the Body Count 3. America Demands Protection 4. Why our Children are Smarter Than We Are 5. The Enronization of Science 6. Tricks of the Trade: How Mercenary Scientists Mislead You 7. Defending Secondhand Smoke 8. Still Waiting for the Body Count 9. Chrome-Plated Mischief 10. Popcorn Lung: OSHA Gives Up 11. Defending the Taxicab Standard 12. The Country has a Drug Problem 13. Daubert: The Most Influential Supreme Court Ruling You've Never Heard Of 14. The Institutionalization of Uncertainty 15. The Bush Administration's Political Science 16. Making Peace with the Past 17. Four Ways to Make the Courts Count 18. Sarbanes-Oxley for Science: A Dozen Ways to Improve Our Regulatory System

The argument from injustice : a reply to legal positivism

2002-01-01

Stanley L. Paulson , Bonnie L. Paulson

I THE PROBLEM OF LEGAL POSITIVISM 1. The Basic Positions 2. The Practical Significance of the Debate II THE CONCEPT OF LAW 1. Central Elements 2. Positivistic Concepts of Law … I THE PROBLEM OF LEGAL POSITIVISM 1. The Basic Positions 2. The Practical Significance of the Debate II THE CONCEPT OF LAW 1. Central Elements 2. Positivistic Concepts of Law 3. Critique of Positivistic Concepts of Law III THE VALIDITY OF LAW 1. Concepts of Validity 2. Collisions of Validity 3. Basic Norm IV DEFINITION

The Aftermath of MCC-Marble: Is This the Death Knell for the Parol Evidence Rule?

2012-01-01

Paolo Torzilli

The Legal Infrastructure of High Technology Industrial Districts: Silicon Valley, Route 128, and Covenants Not to Compete

1998-01-01

Ronald J. Gilson

Recent scholarship has argued that the comparative success of the Silicon Valley high technology industrial district and failure of Route 128 outside of Boston, resulted from different patterns of inter-firm … Recent scholarship has argued that the comparative success of the Silicon Valley high technology industrial district and failure of Route 128 outside of Boston, resulted from different patterns of inter-firm employee mobility which, in turn, led to differing patterns of industrial organization: network organization as opposed to traditional vertical integration. The cause of the different patterns of employee mobility is said to be cultural differences between California and Massachusetts. This paper offers a different causal analysis. After reviewing the new economic geography's emphasis on inter-firm knowledge transfers as an agglomeration economy, I focus on the critical role of employee mobility -- the vehicle for inter-firm knowledge transfers -- in facilitating second-stage agglomeration economies: those that allow the district to transcend its original product cycle and reinvent itself. In this account, the legal rules governing employee mobility are a causal antecedent of the construction of each district's culture. In fact, California law prohibits the most effective means of protecting trade secrets embodied in tacit knowledge -- a contractual post-employment covenant not to compete. Massachusetts law, in contrast, allows their enforcement. Consistent with the new economic geography's emphasis on path dependence, the paper shows that California's unusual legal regime dates back to the early 1870's, a serendipitous result of the historical coincidence between the codification movement in the United States and the problems confronting a new state in developing a coherent legal system. The paper concludes with a cautionary note concerning the implications of the analysis for three related subjects: the standard law and economic prescription to fully protect property rights in intellectual property; a disturbing recent line of cases concerning claims of "inevitable disclosure" that threatens to turn trade secret law into the judicial equivalent of a covenant not to compete; and the right strategy for policy analysts assessing reform of a region's legal system to encourage high technology industrial districts.

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Supreme Court Decision Making

2005-07-25

Jeffrey A. Segal , Harold J. Spaeth , Sara C. Benesh

It isn't ideology and it isn't politics.– Justice Stephen Breyer, on the explanation for the Court's decision in Bush v. Gore It isn't ideology and it isn't politics.– Justice Stephen Breyer, on the explanation for the Court's decision in Bush v. Gore

Going by the Book: The Problem of Regulatory Unreasonableness, by Eugene Bardach and Robert A. Kagan

1983-01-01

Robert A. Katzmann

Journal Article Going by the Book: The Problem of Regulatory Unreasonableness, by Eugene Bardach and Robert A. Kagan Get access Going by the Book: The Problem of Regulatory Unreasonableness by … Journal Article Going by the Book: The Problem of Regulatory Unreasonableness, by Eugene Bardach and Robert A. Kagan Get access Going by the Book: The Problem of Regulatory Unreasonableness by Eugene Bardach and Robert A. Kagan. Philadelphia, Temple University Press, 1982. 375 pp. Cloth, $22.95; paper, $9.95. Robert A. Katzmann Robert A. Katzmann The Brookings Institution Search for other works by this author on: Oxford Academic Google Scholar Political Science Quarterly, Volume 98, Issue 4, Winter 1983, Pages 697–699, https://doi.org/10.2307/2149733 Published: 15 December 1983

Harvard Civil Rights: Civil Liberties Law Review

1993-01-01

Rafael Escudero Alday

The Hollow Hope: Can Courts Bring about Social Change?

1992-07-01

Kim Lane Scheppele , Gerald Rosenberg

In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald N. Rosenberg's critics - not to mention his supporters - have spent nearly two … In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald N. Rosenberg's critics - not to mention his supporters - have spent nearly two decades debating the arguments he first put forward in Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform.Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it's nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak - far from the uniquely powerful sources for change they're often portrayed to be. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions - particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile.Directly addressing its critics in a new conclusion, Hollow Hope promises to reignite for a new generation the national debate it sparked seventeen years ago.

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Assessing the Elderly: A Practical Guide to Measurement

1982-02-01

Thomas R. Willemain

Other| February 01 1982 Assessing the Elderly: A Practical Guide to Measurement Rosalie A. Kane and Robert L. Kane, Assessing the Elderly: A Practical Guide to Measurement (Lexington, Mass.: Lexington … Other| February 01 1982 Assessing the Elderly: A Practical Guide to Measurement Rosalie A. Kane and Robert L. Kane, Assessing the Elderly: A Practical Guide to Measurement (Lexington, Mass.: Lexington Books, 1981), 301 pp., $18.95 hardbound Thomas R. Willemain Thomas R. Willemain Search for other works by this author on: This Site Google J Health Polit Policy Law (1982) 7 (1): 280–282. https://doi.org/10.1215/03616878-7-1-280 Cite Icon Cite Share Icon Share Facebook Twitter LinkedIn MailTo Permissions Search Site Citation Thomas R. Willemain; Assessing the Elderly: A Practical Guide to Measurement. J Health Polit Policy Law 1 February 1982; 7 (1): 280–282. doi: https://doi.org/10.1215/03616878-7-1-280 Download citation file: Zotero Reference Manager EasyBib Bookends Mendeley Papers EndNote RefWorks BibTex toolbar search Search Dropdown Menu toolbar search search input Search input auto suggest filter your search Books & JournalsAll JournalsJournal of Health Politics, Policy and Law Search Advanced Search The text of this article is only available as a PDF. Copyright © 1982 by the Department of Health Administration, Duke University Press1982 Article PDF first page preview Close Modal You do not currently have access to this content.

From Front Porch to Back Seat: Courtship in Twentieth-Century America

1989-12-01

Estelle B. Freedman , Beth Bailey

Whether or not we've come a long way since then, this engaging study of courtship shows that at least half the fun is in reading about getting there. -- St. … Whether or not we've come a long way since then, this engaging study of courtship shows that at least half the fun is in reading about getting there. -- St. Louis Post-Dispatch.

Legal Images of Battered Women: Redefining the Issue of Separation

1991-10-01

Martha R. Mahoney

A. Self-Defense, the Battered Woman Syndrome, and Learned Helplessness ......... 34 B. Custody and the Professional Evaluation of Women . 43 C. Lesbian Battering: Defining a Problem Outside the Legal … A. Self-Defense, the Battered Woman Syndrome, and Learned Helplessness ......... 34 B. Custody and the Professional Evaluation of Women . 43 C. Lesbian Battering: Defining a Problem Outside the Legal System 49 IV. POWER, CONTROL, AUTONOMY, AND SEPARATION ..... 53 A. Identifying Domination in Violence Against Women . 53 B. Who Says She Didn't Leave?: Challenging Perceptions of Separation and Autonomy 61 C. Strategies for Change and the Redefinition of Separation 64 V. THE USES OF A NAME: SEPARATION ASSAULT AND LEGAL DOCTRINE 71

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A Matter of Interpretation: Federal Courts and the Law

1998-01-01

Charles R. Priest

And We Are Not Saved: The Elusive Quest for Racial Justice

1988-05-01

Kevin Edward Kennedy , Derrick Bell

* Introduction The Legal Hurdles To Racial Justice * Prologue to Part I * The Real Status of Blacks Today * The Benefits to Whites of Civil Rights Litigation * … * Introduction The Legal Hurdles To Racial Justice * Prologue to Part I * The Real Status of Blacks Today * The Benefits to Whites of Civil Rights Litigation * The Racial Limitation on Black Voting Power * Neither Separate Schools Nor Mixed Schools * The Racial Barrier to Reparations * The Unspoken Limit on Affirmative Action * The Declining Importance of the Equal-Protection Clause The Social Affliction Of Racism * Prologue to Part II * The Race-Charged Relationship of Black Men and Black Women * The Right to Decolonize Black Minds Divining A Nations Salvation * Prologue to Part III * Salvation for All: The Ultimate Civil Rights Strategy

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Race, Reform, and Retrenchment: Transformation and Legitimation in Antidiscrimination Law

1988-05-01

Kimberlé W. Crenshaw

Recent works by neoconservatives and by Critical legal scholars have suggested that civil rights reforms have been an unsuccessful Recent works by neoconservatives and by Critical legal scholars have suggested that civil rights reforms have been an unsuccessful

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The Color of Law: A Forgotten History of How Our Government Segregated America

2018-08-28

Mary Pattillo

Therapeutic Jurisprudence and the Drug Treatment Court Movement: Revolutionizing the Criminal Justice System's Response to Drug Abuse and Crime in America

1999-01-01

Peggy Fulton Hora , William G. Schma , John Rosenthal

This Article is a grassroots contribution to the legal developments in therapeutic jurisprudence and Drug Treatment Courts (DTCs) from two judge-practitioners. The purpose for writing this Article is to dip … This Article is a grassroots contribution to the legal developments in therapeutic jurisprudence and Drug Treatment Courts (DTCs) from two judge-practitioners. The purpose for writing this Article is to dip into the “therapeutic jurisprudence well” and use this emerging field as an analytic tool to examine DTCs. In so doing, we propose to establish therapeutic jurisprudence as the DTC movement’s jurisprudential foundation. We hope

The University of Chicago Law Review

2017-07-12

John Rawls

The idea of public reason belongs to a conception of a well ordered constitutional democratic society. The content of public reason is given by a family of political conceptions of … The idea of public reason belongs to a conception of a well ordered constitutional democratic society. The content of public reason is given by a family of political conceptions of justice, and not by a single one. Central to the idea of public reason is that it neither criticizes nor attacks any comprehensive doctrine, religious or nonreligious, except insofar as that doctrine is incompatible with the essentials of public reason and a democratic polity. It is important to observe that the introduction into public political culture of religious and secular doctrines, provided the proviso is met, does not change the nature and content of justification in public reason itself. From the point of view of public reason, citizens must vote for the ordering of political values they sincerely think the most reasonable. Moreover, that the Catholic Church's nonpublic reason requires its members to follow its doctrine is perfectly consistent with their also honoring public reason.

No Pity: People with Disabilities Forging a New Civil Rights Movement

1994-05-01

Cheryl A. Leighty , Joseph P. Shapiro

The Least Dangerous Branch

2017-12-12

Alexander M. Bickel

This classic book on the role of the Supreme Court in our democracy traces the history of the Court, assessing the merits of various decisions along the way. Eminent law … This classic book on the role of the Supreme Court in our democracy traces the history of the Court, assessing the merits of various decisions along the way. Eminent law professor Alexander Bickel begins with Marbury vs. Madison, which he says gives shaky support to judicial review, and concludes with the school desegregation cases of 1954, which he uses to show the extent and limits of the Court's power. In this way he accomplishes his stated purpose: "to have the Supreme Court's exercise of judicial review better understood and supported and more sagaciously used." The book now includes new foreword by Henry Wellington. Reviews of the Earlier Edition: "Dozens of books have examined and debated the court's role in the American system. Yet there remains great need for the scholarship and perception, the sound sense and clear view Alexander Bickel brings to the discussion…. Students of the court will find much independent and original thinking supported by wide knowledge. Many judges could read the book with profit." –Donovan Richardson, Christian Science Monitor "The Yale professor is a law teacher who is not afraid to declare his own strong views of legal wrongs… One of the rewards of this book is that Professor Bickel skillfully knits in quotations from a host of authorities and, since these are carefully documented, the reader may look them up in their settings. Among the author's favorites is the late Thomas Reed Powell of Harvard, whose wit flashes on a good many pages." –Irving Dillard, Saturday Review Alexander M. Bickel was professor of law at Yale University.

Privacy and the limits of law

1984-11-30

Ruth Gavison

Anyone who studies the law of privacy today may well feel a sense of uneasiness. On one hand, there are popular demands for increased protection of privacy, discussions of new … Anyone who studies the law of privacy today may well feel a sense of uneasiness. On one hand, there are popular demands for increased protection of privacy, discussions of new threats to privacy, and an intensified interest in the relationship between privacy and other values, such as liberty, autonomy, and mental health. These demands have generated a variety of legal responses. Most states recognize a cause of action for invasions of privacy. The Supreme Court has declared a constitutional right to privacy, a right broad enough to protect abortion and the use of contraceptives. Congress enacted the Privacy Act of 1974 after long hearings and debate. These activities seem to imply a wide consensus concerning the distinctness and importance of privacy.

Stranger intimacy: contesting race, sexuality, and the law in the North American West

2012-07-01

The Virginia Journal of International Law (A)

2020-01-01

Elliott N. Weiss , Britton Taubenfeld

Established in 1959, the Virginia Journal of International Law (VJIL) was a student-edited law review at the University of Virginia School of Law. It was among the world's most influential … Established in 1959, the Virginia Journal of International Law (VJIL) was a student-edited law review at the University of Virginia School of Law. It was among the world's most influential international law journals, and pieces published in the journal had been cited by the Supreme Court of the United States and the International Court of Justice, among many other highly prestigious courts. Despite this, it faced numerous operational challenges, including long publication lead times, missed publication dates, and financial uncertainty. The case allows students to practice problem solving through the A3 thinking process. Supplemental videos discuss aspects of the case in detail and support case discussion.

The Least Dangerous Branch: The Supreme Court at the Bar of Politics

1964-01-01

Mark DeW. Howe , Alexander M. Bickel

The Path of the Law

1897-03-25

Handbook of Federal Indian Law

1945-03-01

F. M. O. , Felix S. Cohen

Supreme Court Upholds Ban On Gender-Affirming Care For Minors: The Meaning Of &lt;i&gt;US v Skrmetti&lt;/i&gt;

2025-06-25

| Forefront Group

Access to Justice in the Family Court

2025-06-24

Alex Newbury , Sarah Moore | Routledge eBooks

The American law institute has raised the profile of the family regulation system

2025-06-23

Martin Guggenheim | Family Court Review

Abstract Since 1974, when Congress enacted the beginnings of the modern family regulation system, millions of families have been destroyed and countless more have lived in fear of its reach. … Abstract Since 1974, when Congress enacted the beginnings of the modern family regulation system, millions of families have been destroyed and countless more have lived in fear of its reach. Yet the field has been relatively overlooked by American law schools and has been treated as a subject that deserves very little, if any, attention. But now the prestigious American Law Institute has pronounced the field “important,” by making it a significant focus of its recently promulgated Restatement of Children and the Law. Only good can come from it. Hopefully, more law schools will study and teach the field and more law graduates will become inspired to become family defenders in the same way that law schools led the way for the thousands of law graduates who became public defenders over the past generation.

Judge rules against former student

2025-06-20

| Disability Compliance for Higher Education

Case name: Mason v. University of Alaska‐Anchorage , No. 3:22‐cv‐00247 (D. Alaska 03/24/25). Case name: Mason v. University of Alaska‐Anchorage , No. 3:22‐cv‐00247 (D. Alaska 03/24/25).

Judge rules in favor of former student

2025-06-20

| Disability Compliance for Higher Education

Case name: Melendez v. University of New Hampshire, et al. , No. 23‐cv‐00172 (D.N.H. 02/10/25). Case name: Melendez v. University of New Hampshire, et al. , No. 23‐cv‐00172 (D.N.H. 02/10/25).

Judge rules in favor of former fellowship student

2025-06-20

| Student Affairs Today

CASE NAME: Rageh v. University of North Carolina at Chapel Hill, et al ., No. 1:24‐CV‐336 (M.D. N.C. 12/10/24). CASE NAME: Rageh v. University of North Carolina at Chapel Hill, et al ., No. 1:24‐CV‐336 (M.D. N.C. 12/10/24).

Lost and Found: The Forgotten Origins of the “Cruel and Unusual Punishments” Prohibition

2025-06-19

John D. Bessler | British Journal of American Legal Studies

Abstract The U.S. Supreme Court and legal scholars have long traced the origins of the Eighth Amendment’s prohibition against “cruel and unusual punishments” to the English Declaration of Rights, codified … Abstract The U.S. Supreme Court and legal scholars have long traced the origins of the Eighth Amendment’s prohibition against “cruel and unusual punishments” to the English Declaration of Rights, codified as the English Bill of Rights (1689). The English Declaration of Rights recited that, in King James II’s reign, “illegal and cruel punishments” had been “inflicted,” with its tenth clause then declaring in hortatory fashion: “That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The prohibitions against excessive bail and excessive fines and the final phrase—“nor cruel and unusual punishments inflicted”—were later incorporated into the Virginia Declaration of Rights (1776), various state constitutions, and the U.S. Constitution’s Eighth Amendment (1791). In 1969, in examining the Eighth Amendment’s “original meaning” in an influential law review article, one legal scholar, Anthony Granucci, traced the history of the English Bill of Rights and the Eighth Amendment. He described the English bar on “cruel and unusual punishments” as the product of “chance and sloppy draftsmanship,” concluding that American lawmakers, in adopting that prohibition, misinterpreted “the intent of the drafters of the English Bill of Rights.” The Eighth Amendment famously reads: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” As this Article shows, the U.S. Supreme Court and Eighth Amendment scholars have misidentified the English Declaration of Rights as the first appearance of the “cruel and unusual punishments” terminology. For example, in Gregg v. Georgia (1976), the Supreme Court wrote that the “cruel and unusual punishments” phraseology “first appeared in the English Bill of Rights of 1689, which was drafted by Parliament at the accession of William and Mary.” Relying on Anthony Granucci’s Eighth Amendment scholarship, Justice Thurgood Marshall had previously observed in his concurrence in Furman v. Georgia (1972) that the use of “unusual” in the English Declaration of Rights “appears to be inadvertent.” While jurists and legal scholars have long assumed that the “cruel and unusual punishments” terminology originated in the late 1680s as part of the so-called “Glorious Revolution” of 1688–1689 that deposed King James II and brought William and Mary to the throne, this Article demonstrates that the conventional account of the origins of that phraseology—spelled “cruell and unusuall punishments” in some early English sources—is woefully incomplete. The standard account of how that terminology emerged during England’s Revolution of 1688–1689, popularly known as the “Glorious Revolution,” fails to consider long-forgotten, far earlier uses of it. Those usages stretch back as far as the early 1600s, during the reign of King James I (James VI in Scotland), although they initially appear in non-legal contexts in the early 1610s and, later, in two written remonstrances—or protests—of Irish-Catholics in Ireland in the early 1640s. In particular, the early usages of the cruel and unusual punishments phraseology appear in the index and marginalia of a history of Venice, originally written in French by Thomas de Fougasses, translated from French into English by “W. Shute,” and published in London in 1612; in English courtier and poet George Wither’s satire, Abuses Stript, and Whipt , first published in the early 1610s, and then reprinted in a later published collection of Wither’s poetry, Juvenilia ; and in two 1642 Irish-Catholic remonstrances—the Ulster Remonstrances—explaining the causes of an Irish rising that began in October 1641. While the relevant references in the Venetian history and Wither’s satirical lines of verse both describe barbaric methods of execution, the references in the 1642 Ulster Remonstrances are associated with non-lethal corporal punishments. Capital and corporal punishments were once commonly used in England. In addition to horrific methods of execution such as hanging and drawing and quartering and burning at the stake, draconian corporal punishments were inflicted, including on members of the learned professions to chill speech. For example, in the 1630s, at the hands of prerogative courts such as England’s now-notorious Court of Star Chamber and Ireland’s Court of Castle Chamber, religious dissenters and opponents of Stuart rule were subjected to, or threatened with, non-lethal but painful punishments such as the pillory, branding, whipping, and mutilation. During King Charles I’s reign, William Laud, the Archbishop of Canterbury, insisted on strict conformity to Church of England religious practices, and on orders of the Star Chamber, prominent Puritans such as lawyer William Prynne, physician John Bastwick, and clergyman Henry Burton were fined, imprisoned, pilloried, and had their ears cut off for their writings. Adhering to the advice of John Finch, the Chief Justice of England’s Court of Common Pleas, William Prynne—already stripped of his Oxford University degree and expelled from Lincoln’s Inn, the English Inn of Court that had, two decades earlier, admitted George Wither as a member—was also branded on the cheeks with the letters “S.L.” for “seditious libeller.” The Court of Star Chamber and its ecclesiastical equivalent, the Court of High Commission, were both abolished by England’s Parliament in 1641, in part because of these unpopular punishments and the use by those prerogative courts of an inquisitorial procedure known as the oath ex officio. The oath ex officio required someone to answer any questions on pain of contempt and frequently compelled self-incrimination. In the 1630s, that oath had been used against Puritans, and for refusing to take the oath, John Lilburne—a Puritan who later fought on the side of Parliament in the English Civil War and led the Leveller movement—was punished by the Star Chamber and ended up in the pillory. This Article details the earliest usages of the cruel and unusual punishments terminology and the historical contexts in which those usages appear. In the case of the Ulster Remonstrances, England had colonized Ireland decades before the 1641 Irish rising, with English and Scottish settlers establishing the Plantation of Ulster in 1609 and, over many decades, systematically dispossessing the native Irish of their ancestral lands. The Court of Castle Chamber in Ireland, like England’s Star Chamber, resorted to excessive fines and inhuman and humiliating punishments such as stigmatizing (i.e., branding of the skin) and the pillory. The two 1642 Ulster Remonstrances of Irish-Catholics—drafted in the wake of earlier written objections of Irish-Catholics to Stuart era abuses, including excessive fines, the use of the pillory, and mutilations—specifically complained about “heavy fines, mulcts, and censures of pillory, stigmatizings, and other like cruel and unusual punishments.” That wording resembles language in the Grand Remonstrance passed by England’s Parliament in November 1641, although the Grand Remonstrance—shepherded through Parliament by John Pym, an anti-Catholic English politician who risked his own liberty to oppose tyrannical Stuart practices, with Charles I even attempting to arrest him and other members of Parliament—did not contain the “cruel and unusual punishments” terminology. The Grand Remonstrance, a list of more than 200 grievances presented to Charles I in early December 1641 after a long period of personal rule (1629–1640) in which Charles I reigned without Parliament, preceded and helped precipitate the English Civil War (1642–1651). That civil war followed considerable Puritan migration to the New World due to religious persecution of those opposing Church of England practices, as well as the adoption of the Massachusetts Body of Liberties (1641) drafted by a law-trained Puritan preacher, Nathaniel Ward, who emigrated to the Massachusetts Bay Colony after being removed from his pulpit in England. The English Civil War eventually led to Charles I’s treason trial and, ultimately, his execution in 1649. The Massachusetts Body of Liberties was the first legal code in New England, and it referred to both torture and cruel punishments. Clause 45 of the Body of Liberties provided in part: “No man shall be forced by Torture to confesse any Crime against himselfe nor any other unlesse it be in some Capitall case where he is first fullie convicted by cleare and suffitient evidence to be guilty.” “For bodilie punishments,” its next provision, Clause 46, read, “we allow amongst us none that are inhumane Barbarous or cruell.” Because of the prior appearances of the cruel and unusual punishments terminology as early as the 1610s and in the 1642 Ulster Remonstrances, the use of that terminology in the English Declaration of Rights was almost certainly neither inadvertent nor the product of sloppy drafting.

The Child as a Legal Actor

2025-06-19

Kirsten Kolstad Kvalø | The International Journal of Children s Rights

Abstract Children’s access to justice has gained increasing attention in academic research and the broader child rights movement in recent years. The Committee on the Rights of the Child has … Abstract Children’s access to justice has gained increasing attention in academic research and the broader child rights movement in recent years. The Committee on the Rights of the Child has decided to focus its upcoming General Comment on this topic and is currently working on its drafts. This article examines two closely-related issues concerning children’s right to access justice. First, it investigates whether, and under what conditions, a child should be granted procedural capacity in cases of human rights violations, including the right to act on their own in proceedings. Second, it addresses the child’s right to adequate representation when they need someone to act on their behalf in such proceedings.

Kentucky

2025-06-18

| University Press of Mississippi eBooks

Asserting Rights and Justice through Special Black American Yards

2025-06-16

Grey Gundaker | Routledge eBooks

CIVIL LIABILITY IN FAMILY RELATIONSHIPS

2025-06-15

Aida Saraçi , Blendi Himçi , Marsida Saraçi | Revue Européenne du Droit Social

Avenues of Appeal and Review

2025-06-06

| University of Toronto Press eBooks

Troy L. Nunley United States District Judge

2025-06-01

| Gaming Law Review

EVOLUTION OF THE LAW THROUGHOUT TIME IN REGARD TO SEXUAL OFFENSES AGAINST WOMEN

2025-05-31

S. Chadha | Journal of Informatics Education and Research

The act of sexual offense dates back to the beginning of human civilization. The earliest known sexual offence include murder, abduction, and rape, particularly among nomadic societies. Civil laws as … The act of sexual offense dates back to the beginning of human civilization. The earliest known sexual offence include murder, abduction, and rape, particularly among nomadic societies. Civil laws as we know them now developed much later. In ancient times, it was common for victors to sexually assault women from the defeated group during wars between nations. The abuse of women from the defeated group was a common practice by the triumphant army soldiers. The evolution of women’s movements in British period can be categorized into four distinct periods. The initial period, spanning from 1840 to 1870, saw women’s organizations addressing various concerns. The second phase, from 1871 to 1905, was characterized by suffrage groups focusing on obtaining voting rights, employing aggressive tactics that eventually led to women over 30 gaining the right to vote in 1918. The following period, from 1919 to 1930, was marked by further expansion of voting rights to all women over 21. In the Indian subcontinent, the status of women has undergone diverse changes based on cultural, familial, social class, caste, property rights, moral and ethical influences. Though everyone in society views sexual offences with the utmost hate, it is also true that since the dawn of human civilization, one of the most fascinating areas of jurisprudence has been the study and investigation of criminal law. As old as civilization itself, in actuality, is the law of crimes. In all societies where individuals have grouped together to form associations or groups, there has been a perceived need for rules to govern the behavior of those individuals within those groups. In societies where rules exist, breaking them is inevitable, so strategies to stop these social tendencies that result in breaking rules must be developed. In each societal structure, there are some behaviors that are prohibited under penalty of law. If an individual causes harm to another and the harm is sufficiently compensable with money, the offender must recompense the victim with damages. However, in some instances, in addition to the need to provide compensation, the State imposes additional sanctions on the wrongdoer with the goal of preserving social harmony and encouraging good conduct toward one another and the community as a whole. The issue lies in deciding which actions society should prohibit or choose for punishment within the community or State. In simpler terms, it involves determining what behaviors should be deemed criminal. As Terence Morris puts it, “Crime is defined by society as a breach of the law. Without laws, there cannot be any crimes, even though there may be moral outrage leading to the creation of laws.”

Innovation and Legal Change in U.S. Payment Systems: Regulatory Directions in the Digital Age

2025-05-31

Youngmi Ko | Commercial Law Review

Past and Present Copyright Tribunals for Setting Royalties in the United States

2025-05-30

Steve Ruwe | The Columbia Journal of Law & the Arts

I was asked to participate in The Kernochan Center’s Symposium addressing “Past, Present and Future of Copyright Licensing.” I noted that in light of my current role on the United … I was asked to participate in The Kernochan Center’s Symposium addressing “Past, Present and Future of Copyright Licensing.” I noted that in light of my current role on the United States Copyright Royalty Board, my presentation and discussion participation would focus on the past and the present of statutory Copyright Licensing in the United States. I chose to exclude any personal outlook on the future of Copyright Licensing, leaving that to other participants. The same holds true for this Article, which adheres to the topics addressed in my presentation. Thus, as the Symposium and the public look to potential licensing solutions that may emerge amidst the development of Artificial Intelligence products, my hope is to offer a brief, and high-level, background on how the United States has approached statutory licensing in the copyright realm. In doing so, I often look to the Register of Copyright’s 2015/2016 study, Copyright and the Music Marketplace, and recommend that study as a far more comprehensive portrait of the music licensing landscape at it existed at the time—prior to the enactment of the Music Modernization Act in 2018. Additional Copyright Office publications are available with more comprehensive information regarding the statutory licenses addressed herein.

What the Public Debate Is Missing About SAMHSA’s Future

2025-05-30

| Forefront Group

On the Record: Papers, Immigration, and Legal Advocacy

2025-05-29

Susan Bibler Coutin | CrimRxiv

A Strengthened Foundation: Supreme Court’s Mandate on Experience for Judicial Entry is a Progressive Reform

2025-05-28

K Indulekha , S. S. Vignesh | International Journal For Multidisciplinary Research

This is a case commentary. An appreciation of the judgement - All India Judges Association v. Union of India' This is a case commentary. An appreciation of the judgement - All India Judges Association v. Union of India'

Reassessing Command: The Relevance of John Austin’s Legal Positivism in Contemporary Criminal Law

2025-05-23

Shahid Hussain , Rishi Bhargava | International Journal For Multidisciplinary Research

This paper critically re-evaluates John Austin’s command theory of law in the context of twenty-first-century criminal law. Rooted in classical legal positivism, Austin's view of law as a sovereign's command … This paper critically re-evaluates John Austin’s command theory of law in the context of twenty-first-century criminal law. Rooted in classical legal positivism, Austin's view of law as a sovereign's command backed by sanctions has long influenced jurisprudential thought, especially in relation to public and criminal law. However, the evolution of modern criminal justice systems—characterized by principles of moral culpability, procedural fairness, proportionality, and distributed legislative authority—raises fundamental questions about the continued applicability of Austinian theory. Through a doctrinal and analytical approach, this study examines the core elements of Austin’s theory—sovereignty, command, sanction, and habitual obedience—against key constructs of criminal liability such as mens rea, actus reus, legality, justification, and excuse. Drawing on critiques from thinkers like H.L.A. Hart and the transition from command-based to rule-based jurisprudence, the paper assesses whether Austin’s model remains a useful analytical tool or falls short in capturing the normative and interpretive demands of contemporary criminal law. The study concludes that while Austin’s model retains structural utility in understanding legal coercion, it requires significant conceptual expansion to remain theoretically relevant in today's pluralistic and moralized legal landscapes.

GOVERNMENT PRIVILEGES IN LEGAL PROCEEDINGS

2025-05-23

T NIKITHA , M EZHIL | International Journal For Multidisciplinary Research

Government privileges in legal proceedings are special legal rights conferred upon the State to ensure the protection of public interest, national security, and the effective functioning of public administration. These … Government privileges in legal proceedings are special legal rights conferred upon the State to ensure the protection of public interest, national security, and the effective functioning of public administration. These privileges, recognized under statutory and constitutional provisions, include the privilege against disclosure of official documents, exemption from certain procedural requirements, and protection from injunctions. While such privileges are essential for safeguarding sensitive state functions, they are not absolute and are subject to judicial scrutiny. Indian jurisprudence, through key cases like SP Gupta v. Union of India, has evolved to balance the need for governmental confidentiality with the principles of transparency and accountability in the justice system. This paper explores the legal framework, scope, limitations, and judicial interpretations of government privileges in India.

Preventing Sex Crimes In The Usa Federal Sex Offender Laws

2025-05-20

Zeynep Burca Akbaba | Annales de la Faculté de Droit d’Istanbul

The Legal Rights of Drug Convicts: Stigma and Labelling in Judicial Practices

2025-05-19

Jullia Putri Shandyana , Shandra Elvyra Sudarsono Putri , Nabilah Febriana

Stigma against drug offenders often leads to systemic barriers, including limited access to legal representation, difficulties in obtaining quality rehabilitation services, and reduced opportunities for social reintegration. Certain legal policies … Stigma against drug offenders often leads to systemic barriers, including limited access to legal representation, difficulties in obtaining quality rehabilitation services, and reduced opportunities for social reintegration. Certain legal policies further entrench this cycle of stigma, exacerbating social marginalization and undermining the efficacy of interventions aimed at addressing the consequences of drug use. This research aims to explore how labelling theory influences the legal treatment of drug offenders across different jurisdictions and to identify legal strategies that can mitigate stigma and social exclusion. The research finds that the protection of drug offenders' rights varies considerably between rehabilitation-focused and punitive legal approaches. These variations highlight the need for a human rights-based framework in crafting legal policies that promote inclusivity. Employing normative legal research methods, including statute and conceptual approaches, the analysis draws on primary legal materials (laws and official documents) and secondary sources (academic literature). The findings underscore critical challenges faced by drug offenders, including unfair treatment, privacy violations, and restricted access to rehabilitation services. Approaches based on negative labelling contribute to the reinforcement of marginalization, whereas rehabilitation-oriented models are more effective in facilitating social reintegration. This research offers valuable insights into the role of stigma in shaping the legal treatment of drug offenders and calls for the development of more inclusive, human rights-based, rehabilitation-focused legal policies to advance a fairer and more effective global criminal justice system.

What to Do If a Bill Is Wrong or Coverage Is Denied

2025-05-17

CONSTITUTIONAL RIGHTS AND JUDICIAL ADMINISTRATION

2025-05-16

Nawaz Khan

The Constitution of India is without any doubt the supreme law of India. Part III of the Indian Constitution contains Article 12 - Article 35 that addresses fundamental rights. Particularly, … The Constitution of India is without any doubt the supreme law of India. Part III of the Indian Constitution contains Article 12 - Article 35 that addresses fundamental rights. Particularly, Article 32, or "Right to Constitutional Remedies," is a fundamental right that grants extremely broad authority to petition the Supreme Court for a violation of any fundamental right by the government, institutions, or people. This article takes a critical look at the Right to Constitutional Remedies and how, in Dr. Babasaheb Bhimrao Ambedkar's opinion, it triumphed over other rights to become the most significant fundamental right that someone can possess. He stated that without this Article, "the Constitution will be nullity." Chapter 1 of the research paper is dedicated towards the introduction concept of constitutional remedies. Chapter II of this research paper briefly discusses about the meaning, evolution and origin of constitutional remedies. It also discussed about the historical background of writs, the meaning and various kinds of writs along with different case laws. Chapter III of the dissertation briefly discusses about the relevance of writs with reference to constitutional remedies in today’s time. Chapter IV of the dissertation discusses about the meaning of Judicial Activism and judicial activism in India through constitutional remedies. Chapter V of the dissertation is wholly dedicated towards the conclusion and suggestions of the dissertation and bibliography.

Court Ruling Temporarily Stays Parity Lawsuit, Enforcement of 2024 Biden Rule

2025-05-16

Mark Moran

Harms, Relationships, and the Contours of Liability for Emotional Distress

2025-05-15

Steven Schaus

Did court dismiss Jewish student's Title VI claim?

2025-05-15

Eric Lyerly

A Jewish student reported antisemitism at Carnegie Mellon University after a student exposed Jewish students’ identities online. Concerned for her safety, the student contacted university officials, including the dean of … A Jewish student reported antisemitism at Carnegie Mellon University after a student exposed Jewish students’ identities online. Concerned for her safety, the student contacted university officials, including the dean of students and president, but they allegedly declined to respond to the incident.

Consent, Sexual Offences, and Strict Liability

2025-05-14

Amy Elkington

Reforming Justice: Benchmarking Judicial Effectiveness through the JUPITER Assessment

2025-05-14

Sayed Madadi , Manuel Ramos-Maqueda

When Legal Reform Wrongs Rights-Holders

2025-05-14

C. M. Melenovsky

Navigating the Legal Landscape of Health Care: Challenges and Evolving Trends in Medical Law

2025-05-09

Ramandeep Kaur , Rachit Sharma , Ashish Raj +3 more

Globalization poses numerous challenges to the health sector, though it simultaneously opens avenues for growth and innovation. While the health sector holds significant potential, it must navigate the tension between … Globalization poses numerous challenges to the health sector, though it simultaneously opens avenues for growth and innovation. While the health sector holds significant potential, it must navigate the tension between delivering maximum service and operating within limited resources. The overarching goal remains the promotion of human well-being and the protection of fundamental rights. These objectives are achievable largely through the active involvement of state institutions and the implementation of effective legal and policy frameworks. In this context, positive state cooperation and legislative clarity are essential in overcoming systemic barriers and ensuring equitable healthcare access. Furthermore, the proper disposal of medical waste signifies the sector’s commitment not only to public health but also to environmental sustainability. In countries like India, where healthcare is both rich in expertise and cost-effective, the sector is evolving into a global hub for medical tourism. However, this progress also brings legal complexities. The evolving landscape of medical law in India demands continual reassessment of regulatory mechanisms, patient rights, ethical considerations, and the responsibilities of healthcare providers. This paper explores the legal challenges in healthcare and highlights the emerging trends in medical law that aim to reconcile justice, efficiency, and inclusivity in a rapidly changing global environment.

THE ROLE OF AN ATTORNEY-AT-LAW IN OUT-OF-COURT DISPUTE RESOLUTION: MEDIATION AS AN ALTERNATIVE TOOL FOR PROTECTING INTERESTS

2025-05-08

Sviatoslav Demchenko

The article is devoted to the analysis of mediation as a modern out-of-court, effective tool for dispute resolution and improvement of relations between parties to legal relations and the role … The article is devoted to the analysis of mediation as a modern out-of-court, effective tool for dispute resolution and improvement of relations between parties to legal relations and the role of an attorney-at-law in the application of such a tool. Today, in the context of a full-scale war and russia's armed aggression against Ukraine, which has put the Ukrainian statehood, including the judicial system, in a difficult position, the issue of mediation is more relevant than ever, since this out-of-court procedure allows resolving conflict situations between parties to legal relations with minimal involvement of the judiciary. Mediation as an alternative dispute resolution procedure has become widespread in many countries around the world, including the United States and developed countries of the European Union. The author relates the beginning of the development of the mediation procedure in Ukraine to the adoption of the Law of Ukraine ‘On Mediation’ No. 1875-IX dated 16 November 2021 (hereinafter – the Law on Mediation), which entered into force on 15 December 2021. In the author's opinion, it was from that moment on that the attorney-at-law, as a person engaged in professional representation of interests, had another obligation – to critically examine the prospects for protecting the client's interests both in court and out of court (alternative) procedures. The results of the study confirm the importance and effectiveness of mediation as an outof-court tool in the hands of a lawyer in conflict resolution.

Transforming Constitutional Doctrine Through Mandatory Appeals from Three-Judge District Courts: The Warren and Burger Courts and Their Contemporary Lessons

2025-05-07

Michael E. Solimine

Judicial interpretations of the Equal Protection and Due Process Clauses of the Fourteenth Amendment underwent significant change, both expanding and retrenching in various ways, in Supreme Court doctrine during the … Judicial interpretations of the Equal Protection and Due Process Clauses of the Fourteenth Amendment underwent significant change, both expanding and retrenching in various ways, in Supreme Court doctrine during the Warren and Burger Courts. An underappreciated influence on the change is the method by which those cases reached the Court’s docket. A significant number of the cases reached the Court’s docket not by discretionary grants of writs of certiorari, as occurred in most other cases, but by mandatory appeals directly from three-judge district courts. This Article makes several contributions regarding the important changes in these doctrines during the Warren Court (1954–1969) and the early Burger Court (1969–1976), before Congress in 1976 limited the scope of three-judge courts and the concomitant mandatory appeals. It documents the number of such cases during the time periods in question; addresses the quantitative and qualitative changes in equal protection and due process (and other) doctrines influenced, at least in part, by the availability of mandatory appeals; and normatively addresses the propriety of this influence in light of the renewed interest in reestablishing at least some mandatory appeals in current proposals to “reform” the Supreme Court.

Regulating Judicial Lobbyists To Reform Supreme Court Ethics

2025-05-07

Kedric L. Payne

Efforts to improve judicial ethics by addressing misconduct within the courts should also include efforts to improve public confidence in the judiciary by addressing misconduct of those outside of the … Efforts to improve judicial ethics by addressing misconduct within the courts should also include efforts to improve public confidence in the judiciary by addressing misconduct of those outside of the courts. Supreme Court ethics controversies frequently involve the Justices’ relationships with individuals and organizations perceived as improperly influencing the Court, yet proposed solutions to the issue are usually limited to addressing the conduct of the Justices. This Article argues that the special interests who pay lobbyists to influence federal courts should be subjected to the same lobbying disclosure requirements as the special interests who pay lobbyists to influence the legislative and executive branches of government. Closing this obvious loophole in lobbying laws can result in more awareness of the individuals who seek to influence our courts and more meaningful restrictions on travel and other improper gifts that they provide.

Mending a Broken Ethics Culture: The Promise and Pitfalls of the Supreme Court's Code of Conduct

2025-05-07

Charles Gardner Geyh

The Judicial Conference of the United States has done an admirable job of embedding its code of conduct into the culture of the federal courts and creating an ethical climate … The Judicial Conference of the United States has done an admirable job of embedding its code of conduct into the culture of the federal courts and creating an ethical climate within the federal judiciary. The ethics culture on the Supreme Court, in contrast, is quite different, as reflected in the recent litany of ethical problems the Justices have encountered, the Court's longstanding hostility to proposals for it to adopt a code, and the defensive tone of the new code itself. Legal scholarship analogizing judges to priests in a faith-based constitutional order underscores the need for judges to be true believers in the rule of law and their role as impartial adjudicators, reified by codes of conduct that serve as rules of the rectory. Institutional psychology research tells us that for codes of conduct to serve their purpose, judges subject to their terms must take steps to internalize and take ownership of their codes, which the lower federal courts have done, but which the Supreme Court has not. The net effect is that the lower federal courts revere their code as a source of guidance and inspiration, while the Supreme Court has drafted a diluted code that accompanying commentary construes defensively, to barricade itself from criticism. If the SCOTUS Code is to promote a more ethical climate on the Court and break the cycle of ethics imbroglios, the Court must do more to internalize its new Code, as the lower courts have theirs. And the Justices must interpret their Code generously, to the end of abiding by its letter and spirit, rather than parsimoniously, to circumvent violations and deflect blame.

Expanding the Bivens Doctrine: Why Courts Are Capable of Finding Additional Causes of Action in Prisoner Litigation

2025-05-07

E.P. Rafferty

Louisiana

2025-05-07

Agnieszka Stasiewicz-Bieńkowska

BEYOND THE BUST: A DEEP DIVE INTO THE EXPERIENCES OF PDEA ENFORCERS IN THE CONDUCT OF DRUG OPERATIONS

2025-05-05

Trixia Rose D. Paglala , Vanjo M. Adolfo , Fame I. Bacalso +1 more | European Journal of Social Sciences Studies

This study explored the lived experiences of Philippine Drug Enforcement Agency (PDEA) enforcers conducting anti-drug operations. Through in-depth interviews and analysis of themes, the study revealed the experiences, challenges, and … This study explored the lived experiences of Philippine Drug Enforcement Agency (PDEA) enforcers conducting anti-drug operations. Through in-depth interviews and analysis of themes, the study revealed the experiences, challenges, and insights that the forefront agents faced daily in their efforts to eradicate the illicit drug trade. The study employed qualitative interviews with 10 drug enforcement personnel from Region 11, Davao City, with prior experience or involvement in anti-illegal drug operations. Purposive sampling was used to select the Philippine Drug Enforcement Agency (PDEA) Regional Office participants 11. The result of the study revealed that the interview produced 11 primary themes based on their experiences. The emerging themes related to the lived experiences of participants involved in drug operations include compromising personal security in exchange for a sense of fulfillment and ongoing learning and growth. Throughout their journey, they encountered challenges and obstacles while carrying out their responsibilities, highlighting the following themes: lack of manpower, weather, environment, the security of the enforcers' lives, time, and case filing. The PDEA enforcers shared valuable lessons and insights from their experiences in conducting anti-drug operations. These are divided into three themes: Collaboration and Teamwork, Excellence-driven and Accountable public servants, Training, Commendations, and Promotions. As a result, PDEA enforcers emphasized the value of achieving high standards of excellence and accountability in their roles as public servants. By embodying professionalism and integrity, they strived to earn and hold the trust and confidence of the public they serve. Article visualizations:<img src="/-counters-/soc/0755/a.php" alt="Hit counter" />

WHEN NO MEANS NO - A Legal Examination of Marital Rape Statutes, Legislative Challenges, and Human Rights Implications

2025-05-04

Andrew Shaw

In India, marriage is a legally and culturally significant institution, often arranged and based on religious customs. It establishes legal rights and obligations between spouses, governed by personal and civil … In India, marriage is a legally and culturally significant institution, often arranged and based on religious customs. It establishes legal rights and obligations between spouses, governed by personal and civil laws. Marital rape, also known as spousal or partner rape, refers to non-consensual sexual acts forced upon one spouse by the other within marriage. The important as well as essential element of marital intercourse is consent without it, it is known as physical violence as well as sexual abuse. Victims of marital rape experience both physical and psychological harm, including trauma, fear, and a sense of betrayal. Even though, traditionally sexual intercourse within marriage was claimed as a right of spouses, but as per to society involving in an act without the consent of the spouse is now broadly classified as rape. Despite the increasing recognition of various penal laws in India, marital rapes have arisen in the last two to three decades. Indian legislature has been given the most onerous task of enacting laws for the safety, security and development of the country by the Constitution of India. But there is a legal vacuum towards addressing and eliminating the issue of marital rape. Addressing marital rape involves legal reform, public education, and support for survivors, aiming to protect individuals’ rights within all relationships. In this paper, our study highlights about the issue of marital rape and the legal statutes.