FID Recht - 340 - Recht

Cannabis Legalization in California: A Critical View on Socio-Legal Change

2026-07-10T08:22:19+00:00

This dissertation examines drug legalization as a complex socio-legal phenomenon, using the case of cannabis reforms in California. It employs a mixed-methods approach to analyze the impact of new cannabis policies on communities and individuals most affected by the war on drugs. Empirically, the study draws on a statistical analysis of over 20,000 cannabis licenses issued in 2018 and 2019, as well as nearly 100 interviews and field observations conducted between 2020 and 2024. The quantitative [...]

Ending Legal Bias Against Formerly Incarcerated People

2026-07-10T08:22:19+00:00

This policy brief explores a mechanism for broadly advancing the rights of formerly incarcerated people across the board, as an alternative to incremental approaches which seek to overturn legalized disadvantages or remove barriers in individual domains. Specifically, we explore the possibility of establishing formerly incarcerated people as a protected status under municipal, state, and federal law. The brief begins by reviewing “collateral consequences” of incarceration—the plethora of barrier[...]

Law and Harmony: An In-Depth Look at China's First American-Style Law School

2026-07-10T08:22:19+00:00

Globalization has increased the demand for a global legal infrastructure, but a single worldwide legal system is unlikely in the foreseeable future. A better focus of discussion is what a "reasonably harmonized" global legal infrastructure might accomplish. One major goal is the facilitation of the legitimate interests of individuals and corporations who wish to transact across borders. Clients working across borders wish to be served by lawyers with different types of substantive knowledge, but[...]

Comparative Community Law: Latin American Scholarship on Regional Integration and the Peril of Legal Functionalism

2026-07-10T08:22:19+00:00

Culture, Commerce, and the Constitution: Legal and Extra-Legal Restraints on Freedom of Expression in the Japanese Publishing Industry

2026-07-10T08:22:19+00:00

Intellectual Property Rights in the P.R.C.: Impediments to Protection and the Need for the Rule of Law

2026-07-10T08:22:19+00:00

Employment, Housing, and Public Accommodations Discrimination Based on Sexual Orientation and Gender Identity in Missouri

2026-07-10T08:22:19+00:00

The 160,000 LGBT adults in Missouri would benefit from an expanded state non-discrimination law that includes sexual orientation and gender identity. There is currently no Missouri law protecting LGBT people from discrimination in housing, employment, and public accommodations. A uniform state-wide law would maximize protection for Missouri’s LGBT population, and provide them the same recourse available to their non-LGBT counterparts.Media reports and lawsuits document that a number of Missouria[...]

Legal Functions of the Prison System and State Legitimacy in Communist China

2026-07-10T08:22:19+00:00

This Article traces changes in the prison system in communist China and examines the relationship between the legal functions of prisons and the legitimation strategies of the state in different economic contexts. This Article finds that economic schemes and legitimation strategies are the two pivotal factors driving the prison system and shaping penal practices. In the early planned economy period, the Chinese government built its legitimacy on the revolutionary ideology to create a communist c[...]

State of Change: State-Level Actions to Protect the Rights of Parents with Disabilities and Their Children

2026-07-10T08:22:19+00:00

This policy brief provides an overview of current legislation that discriminates against parents with disabilities. It also considers non discriminatory legislation that has been enacted or is currently being enacted at the state level, with the hope of encouraging more states—eventually all states—to adopt similar legislation. It is our strong belief that such legislative changes are both needed and deserved by the at least 4.1 million disabled parents currently raising children under the age o[...]

Can Islam and "Islamization" Be a Force for Refugee Rights in Malaysia?

2026-07-10T08:22:19+00:00

Malaysia has ratified neither the 1951 Refugee Convention nor the 1967 Protocol Relating to the Status of Refugees. Accordingly, refugees in Malaysia are not accorded legal status and, like other irregular migrants, face arrest, detention, and basic human rights violations on a daily basis. This Article argues that invoking the importance of asylum in Islam (Malaysia’s “official religion” according to the Federal Constitution) will provoke moral sensibilities and inspire legal reform of Malaysia[...]

Prisonization or Socialization? Social Factors Associated with Chinese Administrative Offenses

2026-07-10T08:22:19+00:00

Since its founding the People's Republic of China has used various forms of administrative detention to rehabilitate administrative offenders, in particular drug users and prostitutes. A number of studies have focused on the undesirability of administrative detention in terms of its questionable legality and rationality. Very few studies, however, focus on its poor effectiveness in preventing re-offending and its contribution to high recidivism rates in China for certain offenses. This article f[...]

A False Promise of Fair Trials: A Case Study of China's Malleable Criminal Procedure Law

2026-07-10T08:22:19+00:00

China revised its Criminal Procedure Law in 1996 adopting an adversarial-style trial model and granting remarkable procedural safeguards to the accused. Many have been tempted to conclude that this new law is capable of ensuring fair trials for criminal defendants and thus could improve China's record of human rights protection.This article will argue that, despite some progresses in formality, the new law has been poorly implemented and has failed to fulfill its promise of fair trials. This art[...]

"Anti-God, Anti-Islam and Anti-Quran": Expanding the Range of Participants and Parameters in Discourse over Women's Rights and Islam in Malaysia

2026-07-10T08:22:19+00:00

This article explores the social-political environment within which Islamic discourse in relation to human rights and duties takes place within Malaysia, with a focus on women's rights issues. Malaysia, as an acknowledged 'moderate' Muslim majority state, provides an instructive case study, particularly with its accession to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1995, with reservations which were partially withdrawn in 1998. In 2001, the consti[...]

Criminal Procedure Reform in the People's Republic of China: The Dilemma of Crime Control and Regime Legitimacy

2026-07-10T08:22:19+00:00

Factory Raids and the Fourth Amendment: Balancing Law Enforcement and Constitutional Guarantees in Ilgwu v. Sureck

2026-07-10T08:22:19+00:00

[No abstract]

Discrimination against Law Enforcement Officers on the Basis of Sexual Orientation and Gender Identity: 2000 to 2013

2026-07-10T08:22:19+00:00

Lesbian, Gay, Bisexual and Transgender (LGBT) people in law enforcement face pervasive discrimination. The new report updates a 2009 report on discrimination in public employment, which found that over 40 percent of the reported cases of discrimination occurred against law enforcement and corrections department personnel. This updated report reviews evidence of discrimination against 95 law enforcement and corrections employees since 2000.Key findings include:• The discrimination encountered oft[...]

A Road Map for Law Schools: Changing Problematic Faculty Compensation Practices that Perpetuate the Gender Pay Gap

2026-07-10T08:22:19+00:00

Language Access in State Courts: The Bureaucratic Interpretation, Organizational Construction, and Local Implementation of Title VI of the Civil Rights Act of 1964

2026-07-10T08:22:19+00:00

This dissertation examines how state courts respond to federal language access guidance and regulations, developed under Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d) to address national origin discrimination, and why these responses may fall short for individuals with limited English proficiency (LEP). This multi-method qualitative study traces the evolving meaning of “meaningful language access,” a phrase that appears in language access guidance, across three levels: federal int[...]

Applicability of U.S. Employment Discrimination Laws to Foreign Corporations in the Untied States --The Circuit Court Decisions in Spiess v. C. Itoh and Company (America), Inc., and Avigliano v. Sumitomo Shoji America, Inc.

2026-07-10T08:22:19+00:00

[no abstract]

Reexamining Separation: The Construction of Separation of Religion and State in Post-War Japan

2026-07-10T08:22:19+00:00

This article provides a comprehensive doctrinal analysis and critique of the Japanese Supreme Court's treatment of separation of religion and the state in post-war Japan. After placing the development of the doctrine in its proper historical and political context, the article argues that the Court's construction of the doctrine threatens to undermine religious liberty and equality in Japan. The article then considers the various socio-political forces underlying the Court's construction of the d[...]

A Comparative Analysis of the Foreign Economic Contract Law of the People's Republic of China

2026-07-10T08:22:19+00:00

[No abstract]

Case Comment: Qualified Immunity - Privatized Governmental Functions

2026-07-10T08:22:19+00:00

With prison populations increasing rapidly, more and more states are turning to privatization to trim their corrections budgets. Riding the crest of this trend are the private sector prison providers, whose combined business has grown more than fifty percent since 1996 and currently generates revenues of over a billion dollars a year. Industry spokespeople and other advocates claim that prison privatization also benefits the taxpayer by saving states millions of dollars annually in incarceration[...]

Climate Refugees: The Climate Crisis and Rights Denied

2026-07-10T08:22:19+00:00

This report argues that a comprehensive framework for climate-induced displaced persons forced to cross international borders to be considered “climate refugees” is necessary. This report advances the notion that “persecution” is built into our global dependence on fossil fuels and the global investment patterns behind this dependence, and that this notion of “persecution” needs to serve as the basis for a normative framing of international recognition and protection of those who are displaced a[...]

Employment Discrimination Based on Sexual Orientation and Gender Identity in West Virginia

2026-07-10T08:22:19+00:00

More than 25,000 LGBT workers in West Virginia continue to face widespread and persistent employment discrimination absent state or federal legal protections. Charleston, Morgantown, Lewisburg, Harpers Ferry, and Buckhannon have local ordinances that prohibit employment discrimination against LGBT people, but they do not provide as much protection for LGBT people as the state’s law that prohibits other types of discrimination. Approximately 95 percent of West Virginia’s workforce is not covered [...]

AI Artists on the Stand: Bias Against Artificial Intelligence-Generated Works in Copyright Law

2026-07-10T08:22:19+00:00

Generative artificial intelligence (AI) is revolutionizing the creation of art, literature, and music—challenging the boundaries of intellectual property law. To date, scholars have primarily focused on AI’s authorship/entity status and the regulation of its use, overshadowing a critical issue: how AI’s involvement in creative processes influences legal judgments in copyright disputes. Our empirical research reveals systemic bias against AI-generated works in such legal matters. In our studies, [...]

Going Barefoot in the Middle Kingdom: A Preliminary Study of the Strategic Choices of Non-Licensed Weiquan Lawyers in Modern China

2026-07-10T08:22:19+00:00

This article explores the phenomenon of unlicensed, “barefoot” weiquan lawyers in China. Although these unorthodox lawyers play an integral role in the protection of rights in China’s legal system today, surprisingly little academic literature has been devoted to their study, and knowledge of what they are like and how they operate is limited. In light of this, eleven unlicensed weiquan lawyers from various parts of mainland China were selected for in-depth interviews. I discovered that despite [...]

Recent Amendment to the Unfair Competition Prevention Law for the Protection of Trade Secrets

2026-07-10T08:22:19+00:00

[No abstract]

Domestic Violence Lawmaking in Asia: Some Innovative Trends in Feminist Lawmaking

2026-07-10T08:22:19+00:00

Domestic violence lawmaking intersects global human rights norms and domestic women's movements. Domestic violence is both a global and local phenomenon. The World Bank argues that domestic violence accounts for one in five lost years in women aged 15-44. The costs range from direct expenses such as medical care and social services to productivity and labor market costs to the psychological toll imposed by the intergenerational transmission of violence. The international women's movement and the[...]

Torture, Forced Confessions, and Inhuman Punishments: Human Rights Abuses in the Japanese Penal System

2026-07-10T08:22:19+00:00

Freedom of the Press and Right of Reply under the Contemporary Korean Libel Laws: A Comparative Analysis

2026-07-10T08:22:19+00:00

A Critical Analysis of the Law of the People's Republic of China on Industrial Enterprises Owned by the Whole People

2026-07-10T08:22:19+00:00

[No abstract]

The American Legal System and Micronesian Customary Law: The Legal Legacy of the United States to the New Nations of the Trust Territory of the Pacific Islands

2026-07-10T08:22:19+00:00

[No abstract]

A Comparison of Responses to the Record Rental Industry under Japanese and U.S. Copyright Law

2026-07-10T08:22:19+00:00

[No abstract]

The Use of Economic Analysis in Court Judgments: A Comparison between the United States, Australia and New Zealand

2026-07-10T08:22:19+00:00

As a theoretical paradigm, the use of economics has dominated legal analysis both in academia and the courts in the United States for the last three decades. This popularity, though, does not extend to most other jurisdictions. Judge Richard Posner, one of the pioneers of the law and economics movement, developed a model comparing the structures of the legal profession in the United States, the United Kingdom, and continental Europe to explain the lack of the use of law and economics in the latt[...]

The Political Economy of Rule of Law in Middle-Income Countries: A Comparison of Eastern Europe and China

2026-07-10T08:22:19+00:00

There has been an explosion of interest in rule of law in recent decades and growing interest in middle-income countries (MICs) among economists and development specialists, including the World Bank. However, there has been relatively less work done on rule of law in MICs and the special issues MICs face in developing a functional legal system. This is preliminary attempt to understand some of issues facing MICs as they seek to establish rule of law. To keep the scope manageable given the wide d[...]

What Makes Originalism Original? A Comparative Analysis of Originalism and Its Role in Commerce Clause Jurisprudence in the United States and Australia

2026-07-10T08:22:19+00:00

Interpreting Hong Kong's Basic Law: A Case for Cases

2026-07-10T08:22:19+00:00

On April 4, 2004, China issued a formal interpretation of the Hong Kong Basic Law. While the interpretation was controversial because it effectively asserted the central government's authority to control the pace of Hong Kong's democratic development, it was also significant for its implication that the Chinese national government had claimed for itself absolute authority to determine the meaning of contested provisions in the Basic Law. This article argues that the interpretation upset the bala[...]

Religious Rights in China: A Comparison of International Human Rights Law and Chinese Domestic Legislation

2026-07-10T08:22:19+00:00

Taking Lawyering Skills Training Seriously

2026-07-10T08:22:19+00:00

The lawyering skills so thoroughly explored in Gary Bellow and Bea Moulton's The Lawyering Process continue to be a major focus of clinical legal education. Distinguishing between case-centered and skill-centered clinical programs, this essay explores whether clinical courses provide a sufficient foundation for students to "transfer" the lawyering skills they are exposed to in law school to the practice of law. Drawing on the recent work of educational researchers and medical school educators, t[...]

Exclusion and Control in the Carceral State

2026-07-10T08:22:19+00:00

Theorists of punishment typically construe the criminal justice system as the means to achieve retribution or to deter or otherwise prevent crime. But a close look at the way the American penal system actually operates makes clear the poor fit between these more conventional explanations and the realities of American penal practice.Taking actual practice as its starting point, this essay argues instead that the animating mission of the American carceral project is the exclusion and control of th[...]

Cruelty, Prison Conditions, and the Eighth Amendment

2026-07-10T08:22:19+00:00

The Eighth Amendment prohibits cruel and unusual punishment, but its normative force derives chiefly from its use of the word cruel. For this prohibition to be meaningful in a society where incarceration is the primary mode of criminal punishment, it is necessary to determine when prison conditions are cruel. Yet the Supreme Court has thus far avoided this question, instead holding in Farmer v. Brennan that unless some prison official actually knew of and disregarded a substantial risk of seriou[...]

An Erie Taking: Tyler v. Hennepin County and the General Common Law Revival

2026-07-10T08:22:19+00:00

The Supreme Court’s recent decision in Tyler v. Hennepin County seemed unsurprising. But the Court’s opinion unabashedly adopted an approach to claims under the Takings Clause that looks to a general law of property, even when there was an available resolution resting on state law. This Article aims to elucidate the ways in which the Court’s opinion in Tyler effects a sea change in takings law. It also poses portentous questions about the effect the decision will have on the scope of the Takings[...]

Legal Protection and Cases of Human Rights Violations According to International Humanitarian Law That Occur as a Result of the Palestine and Israel Dispute

2026-07-08T06:57:13+00:00

In this research, we question crimes against humanity that have occurred so far in Palestine. The aim of this research is to find out how legal protection is for civil society in cases of human rights violations according to international law that occur as a result of the dispute between Palestine and Israel. This research uses normative juridical methods and the type of data used in this writing is secondary data. Secondary data is data obtained from the literature. The results of the research [...]

Legal Protection for Victims of Rape of Minors by Stepfathers Reviewed from Law No. 35 of 2014 Concerning Child Protection

2026-07-08T06:57:13+00:00

This study aims to analyze legal protection for victims of rape of minors by stepfathers, reviewed from Law No. 35 of 2014 concerning Child Protection. Rape by stepfathers is a form of sexual violence that often occurs but is often not reported by victims or families due to various factors, such as fear of social stigma and family breakdown. This study uses a normative legal approach to examine the implementation of existing laws and the obstacles faced in handling these cases. The results of th[...]

International Law's View on the State of Palestine and Its Relation to the Situation of Human Rights Violations

2026-07-08T06:57:13+00:00

Human rights are rights that are possessed from birth. Human rights are the freedom to have a decent life in terms of economy, education, social, religion, and health. In this study, Palestine's status as a state and its membership in international organizations such as the United Nations (UN) will be explored, including de jure and de facto recognition by UN member states. In addition, this study highlights various UN resolutions and international treaties relevant to human rights and how they [...]

The Need to Increase Awareness of The Importance of International Law in Maintaining Global Justice

2026-07-08T06:57:13+00:00

This research aims to explain the need to increase awareness of the importance of international law in maintaining justice in the state and society. The method used in this research is a qualitative method. The sample in this research was taken as a case study of the Rohingya crisis in Myanmar which is a clear example of how a lack of awareness and suppression of international law can result in serious human rights violations. In 2017 the Myanmar military carried out brutal operations against th[...]

Human Trafficking in An International Legal Perspective

2026-07-08T06:57:13+00:00

Human trafficking cases are increasingly prevalent and are of great concern. Based on news in print and electronic media as well as several observations made, it shows how this case occurs in women and children. Women and children who are trafficked usually aim for prostitution pornography beggars to household assistants. From this paper the author will discuss from the perspective of international law. This research uses the juridical method. The data collected is analyzed qualitatively and thi[...]

Evaluation of the Role of the State in Law Enforcement through the E-Court System in Indonesia

2026-07-08T06:57:13+00:00

The implementation of the e-court system in Indonesia is one of the legal reform efforts to increase transparency, efficiency, and accessibility in law enforcement. This study aims to evaluate the effectiveness of e-court implementation by analyzing user satisfaction and its impact on the resolution of legal cases. This research method uses a quantitative approach with survey data on 100 respondents and statistical analysis of cases resolved through the e-court and manual systems from 2018 to 20[...]

Protection of Human Rights in The Framework of International Law

2026-07-08T06:57:13+00:00

Human rights (HAM) are fundamental rights inherent to all individuals simply by virtue of being human. These rights are universal, inalienable, indivisible, interconnected, and interdependent. The responsibility to respect, protect, and fulfill human rights typically falls on the state, including measures against violations by private entities. Human rights encompass civil and political rights, as well as economic, social, and cultural rights, and are essential to global political, economic, and[...]

Development of Democracy in Indonesia From A Perspective International Law

2026-07-08T06:57:13+00:00

The coexistence of national and international laws regulates relations both within and between states worldwide. This paper explores the interaction and integration of these legal systems, questioning whether they stand independently or form part of a larger legal framework. International law serves crucial functions for countries, including Indonesia, functioning both as rules binding its subjects and as a tool for achieving national goals. This dual role underscores its significance in politic[...]

Let Us Set Out Anew

2026-07-09T14:00:05+00:00

Former Headquarters Church. In Essence새롭게 출발하자 · Saeropge Chulbalhaja — Let us start anewOn the association’s anniversary the call is to begin anew, since all of us still stand where indemnity must be paid and restoration won.양자가 아닌 친자식 · Yangjaga Anin Chinjasik — A true child, not an adopted sonChristian history raised an adopted son upon a servant’s foundation, but what is truly needed is a direct child of God’s own lineage.제3의 아담 · Jesamui Adam — The third AdamJesus came as the second Adam

When International Law In The South China Sea Is Not Respected What Can Be Done?

2026-07-08T06:57:13+00:00

Peace settlement in the South China Sea has become a complex and sensitive issue. China's unwillingness to accept the results of the International Arbitration Court's ruling has worsened the situation. Therefore, this research discusses steps that can be taken when international law in the South China Sea is not respected. In this research, we will discuss the use of international arbitration mechanisms, consultation and negotiation, as well as the use of international maritime law to peacefully[...]

Legal Protection and Cases of Human Rights Violations According to International Humanitarian Law That Occur as a Result of the Palestine and Israel Dispute

2026-07-08T06:57:13+00:00

Is International Law Worthy of Being Called Law?

2026-07-08T06:57:13+00:00

Countries agreement contained in an international agreement in the form of bilateral agreements, regional and multilateral agreements that are binding on the parties and a law for that entered into an agreement (pacta sunt servanda). International agreements that have been agreed and validated in a ratification by a country, then the agreement is valid and binding upon all be a source of law for the enforcement of law in making decisions. This is true also in Indonesia. Any international agreeme[...]

Impact of Extradition Agreement Policy on the State of Indonesia

2026-07-08T06:57:13+00:00

This research investigates the impact of extradition treaties on Indonesia's national interests in the context of increasingly complex cross-border law enforcement. As a country based on the rule of law, Indonesia faces major challenges in addressing transnational crimes, especially when offenders escape abroad to avoid legal accountability. Criminals involved in corruption, drug trafficking, money laundering, and international fraud often exploit weak legal cooperation and the absence of extrad[...]

The Influence of International Law on States

2026-07-08T06:57:13+00:00

International law in its basic concept is intended to serve as legal framework for society of States. International law prescribes what is right and what is wrong; it also prescribes how State behaves toward one another; and it provides sanctions. However, the above description is international law as understood in class room. In reality, international law is frequently used as a political instrument by States. It can be an instrument to exert pressure, instrument for intervening on other States[...]

Russian – Ukraine Conflict in An International Legal Perspective

2026-07-08T06:57:13+00:00

The conflict between Russia and Ukraine, which erupted in 2014 and further escalated in 2022, has had a significant impact on the international legal order. From an international law perspective, this conflict includes various violations allegedly committed by both parties. Chief among them is the violation of the principles of sovereignty and territorial integrity set out in the UN Charter. Russia's annexation of Crimea in 2014 was considered illegal by much of the international community, and [...]

Development of Democracy in Indonesia From an International Law Perspective

2026-07-08T06:57:13+00:00

Since the 1998 Reformation, Indonesia's democratic development has gained significant attention in global discussions on political change in developing countries. These reforms have reshaped Indonesia's political landscape and highlighted its efforts to implement democratic principles according to international law. As a large and culturally diverse nation, Indonesia faces the challenge of maintaining political stability while meeting international standards for human rights and good governance.[...]

The Role and Duties of The Government in Providing Legal Protection for Indonesian Migrant Workers Experiencing Violence Abroad

2026-07-08T06:57:13+00:00

Legal protection for migrant workers is one of the government's main responsibilities in guaranteeing human rights and social justice. This study aims to determine the role and duties of the government in providing protection for Indonesian migrant workers who experience violence abroad. The research method used is the normative legal research method, with data collection techniques through library studies and analysis of various relevant literature. One of the main legal bases used as a referen[...]

The Influence of International Law on States

2026-07-08T06:57:13+00:00