Legislators face the challenging task of drafting copyright law, which takes into account the views of various stakeholders, intended policy and technological developments, whilst ensuring that the wording and language that is used is accurate and precise. Meeting these objectives means that the law in its legislative form can be hard-to-understand, complex and not easily accessible to the layperson. This article explores steps, which have been put in place by various organisations and online resources, to assist in the understanding of copyright for the public and schools, with particular focus on education and teaching materials – as presented on Copyrightuser.org.
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Recent years have seen a massive growth in ethical and legal frameworks to govern data science practices. Yet one of the core questions associated with ethical and legal frameworks is the extent to which they are implemented in practice. A particularly interesting case in this context comes to public officials, for whom higher standards typically exist. We are thus trying to understand how ethical and legal frameworks influence the everyday practices on data and algorithms of public sector data professionals. The following paper looks at two cases: public sector data professionals (1) at municipalities in the Netherlands and (2) at the Netherlands Police. We compare these two cases based on an analytical research framework we develop in this article to help understanding of everyday professional practices. We conclude that there is a wide gap between legal and ethical governance rules and the everyday practices.
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In this paper, we analyse the development of the term “legal capabilities”. More specifically, we do three things. First, we track the emergence and development of the notion of legal capabilities. The term legal capabilities was used in legal research long before the capability approach was introduced in that field. Early on, its conceptualisation mainly reflected elements of legal literacy. In more recent writings, it is claimed that the notion is based on the capability approach. Second, we critically analyse the current use of the term legal capabilities and show that there is no proper theoretical grounding of this term in the capability approach. This is problematic, because it might give rise to misunderstandings and flawed policy recommendations. Third, we suggest some first steps towards a revision of the notion of legal capabilities. Starting from the concept of “access to justice”, legal capabilities have to be understood as the real opportunities someone has to get access to justice, rather than merely as formal opportunities or internal capabilities.
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Organizations in legal practice, under pressure to do “more for less,” are searching for ways to automate legal work, to improve efficiency of legal service delivery. Automated drafting of contracts (or: contract automation) is one of the areas where technology is—partly—replacing legal professionals. In Dutch legal practice, the number of organizations that are actively deploying contract automation is still relatively small, but growing. This chapter looks at experiences with contract automation of organizations from various sectors in Dutch legal practice. Contract automation can improve legal service delivery to consumers and SMEs, as well as contracting processes within organizations. Several organizations report positive results. However, successfully implementing contract automation, especially for internal use within organizations, is not simple. Tight budgets, resistance to change and poor integration with other software are some of the problems that organizations may encounter. Generally, human and organizational factors are often at least as important as the technological aspects. Successful implementation of contract automation requires design thinking, a proactive approach and process-oriented (legal) professionals. Regardless of these difficulties, the use of contract automation software in Dutch legal practice can be expected to increase, due to several factors. The number of organizations that are offering contracts (and other legal documents) online to SMEs and consumers has grown rapidly over the last years. Contract automation is not only offered to consumers and SMEs by commercial parties, but also by branch organizations, as a service to their members. Consumers and SMEs will become used to these self-help solutions for legal matters. Legal publishers are also increasing the offering of automated contracts and other legal documents. In addition, law firms and consultants are promoting the use of contract automation within client organizations. Finally, many corporate organizations are increasingly exchanging experiences on improving legal operations and the use of Legal Tech, including contract automation. Eventually, increased use of contract automation may drive further harmonization of contracts within sectors and facilitate other technological applications, such as the automated analysis of contracts.
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The HCR-20V3 is a violence risk assessment tool that is widely used in forensic clinical practice for risk management planning. The predictive value of the tool, when used in court for legal decisionmaking, is not yet intensively been studied and questions about legal admissibility may arise. This article aims to provide legal and mental health practitioners with an overview of the strengths and weaknesses of the HCR-20V3 when applied in legal settings. The HCR-20V3 is described and discussed with respect to its psychometric properties for different groups and settings. Issues involving legal admissibility and potential biases when conducting violence risk assessments with the HCR-20V3 are outlined. To explore legal admissibility challenges with respect to the HCR-20V3, we searched case law databases since 2013 from Australia, Canada, Ireland, the Netherlands, New Zealand, the UK, and the USA. In total, we found 546 cases referring to the HCR-20/HCR-20V3. In these cases, the tool was rarely challenged (4.03%), and when challenged, it never resulted in a court decision that the risk assessment was inadmissible. Finally, we provide recommendations for legal practitioners for the cross-examination of risk assessments and recommendations for mental health professionals who conduct risk assessments and report to the court. We conclude with suggestions for future research with the HCR-20V3 to strengthen the evidence base for use of the instrument in legal contexts.
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ChatGPT’s emergence and subsequent evolution as a generative artificial intelligence tool introduces new ways of assisting students with research design. Fostering research skills with undergraduate students presents opportunities and challenges for faculty to aid with drafting research plans, questions for investigation, and methods for conducting the research. While some educators rightfully voice concerns over the ethical aspects of such a tool, this article will draw on my own experiences using ChatGPT 4.0 as a tool in research project supervision. I demonstrate how to prompt ChatGPT to give useful suggestions that can be used as actionable feedback. I also discuss how to instruct students to include ChatGPT in their research methodology when using the tool to refine research questions.
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The EU Maritime Spatial Planning Directive (MSPD) requires the member states (MS) to pursue Blue Growth while ensuring good environmental status (GES) of sea areas. An ecosystem-based approach (EBA) should be used for the integration of the aims. However, the MSPD does not specify how the MS should arrange their MSP governance, which has led to a variety of governance arrangements and solutions in addressing the aims. We analysed the implementation of the MSPD in Finland, to identify conditions that may enable or constrain the integration of Blue Growth and GES in the framework of EBA. MSP in Finland is an expert-driven regionalized approach with a legally non-binding status. The results suggest that this MSP framework supports the implementation of EBA in MSP. Yet, unpredictability induced by the non-binding status of MSP, ambiguity of the aims of MSP and of the concept of EBA, and the need to pursue economic viability in the coastal municipalities may threaten the consistency of MSP in both spatial and temporal terms. Developing MSP towards a future-oriented adaptive and collaborative approach striving for social learning could improve the legitimacy of MSP and its capacity to combine Blue Growth and GES. The analysis indicates, that in the delivery of successful MSP adhering to the principles of EBA should permeate all levels of governance. The study turns attention to the legal status of MSP as a binding or non-binding planning instrument and the role the legal status plays in facilitating or constraining predictability and adaptability required in MSP.
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This article focuses on the recent judgment of the Court of Justice, Aranyosi and Caldararu. After conducting a legal analysis on this case, three issues are identified and they are separately discussed in three sections. The aim of this paper is to show the impact of this judgment on public order and public security in Europe on the one hand and on the individual’s fundamental rights, on the other hand. It is going to be argued that even though there are limits to the principle of mutual recognition, this new exception based on fundamental rights establishes a new procedure for non-surrender. Therefore, the Court of Justice creates a non-execution ground which the EU legislator did not intend to include in the Framework Decision on the European arrest warrant. This is explained by looking at the three interconnected notions of Freedom, Security and Justice.
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Uitspraak van het Europees Hof voor de Rechten van de Mens, met noot.
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