Tag: HESA LAW JOURNAL

Previously confined to the distinct medical market, neurotechnologies are expanding rapidly into the consumer market, driven by technological advancements and substantial investments. While offering promising benefits, concerns have emerged regarding the suitability of existing legal frameworks to adequately address the risks they present. Against the background of an ongoing global debate on new policies or Read More …

The island of Ireland is partitioned into Northern Ireland and the Republic of Ireland. In both jurisdictions, there have been important developments in mental health and mental capacity law, and associated policies and services. This includes an emphasis on developing more comprehensive approaches to collecting data on outcomes and so there is an opportunity to Read More …

The Netherlands became State Party to the United Nation Convention on the Rights of Persons with Disabilities (CRPD) in 2016, a treaty that holds great promise for promoting and protecting human rights of persons with mental disorders. Yet, the Dutch government also made explicit reservations to the Convention. On 1 January 2020, the Netherlands introduced Read More …

The Cyberspace Administration of China (“CAC ”) issued the Measures on Standard Contracts for the Export of Personal In- formation (“SC Measures ”) on 24 February 2023, finalizing the hotly-anticipated standard contract for the export of personal information (“Standard Contract”) under the Personal Infor- mation Protection Law (“PIPL ”). The Finalized Measures come after more Read More …

The emergence of big data and machine learning has allowed sellers and online plat-forms to tailor pricing for customers in real-time, but as many legal scholars have pointed out, personalised pricing poses a threat to the fundamental values of privacy and non-discrimination, raising legal and ethical concerns. However, most of those studies neglect affinity-based algorithmic Read More …

Adult safeguarding legislation is contentious because it seeks to protect ‘vulnerable’ adults who fall between the borderlands of social care, mental health and mental capacity law. As a new and complex area of law and practice, further research on adult safeguarding legislation is required, in particular to consider it efficacy and human rights implications. Utilising Read More …

In this article, we consider the approach to decisions regarding capacity and sexual relations in the Court of Protection in England and Wales, and the boundaries drawn through its application of the Mental Capacity Act 2005 (MCA). We discuss recent developments in the law following the UK Supreme Court case A Local Authority v JB Read More …

The paper argues that the model of ethical legitimacy of criminal law should be welcomed. Two types of legitimacy may be recognized – primary and secondary. Primary legitimacy derives its validity from its coherence with ethical principles of responsibility, thus together shaping a message about what is right and wrong. Under this interpretation, severing of Read More …

A crime victim’s first contact with the police may strongly influence subsequent investigations and prosecutions, as well as the crime’s impact on the victim. The outcomes of such contacts may depend strongly on the degree to which the victim exhibits the characteristics of an ideal victim. This study sought to find valid ways of evaluating Read More …

Transnational corporate bribery involves companies bribing foreign public officials to obtain or retain business in their international business dealings. Prosecutorial authorities are faced with multiple investigatory and prosecutorial hurdles in relation to this type of crime due to the complex structural and transnational nature of corporate activities (Chan et al., 2021). In about 27 jurisdictions, Read More …