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Journal articles on the topic 'Wrongful adoption'

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Published: 4 June 2021
Last updated: 30 July 2024

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1

Kopels, Sandra. "Wrongful Adoption: Litigation and Liability." Families in Society: The Journal of Contemporary Social Services 76, no. 1 (January 1995): 20–29. http://dx.doi.org/10.1177/104438949507600103.

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2

Carmichael, Jason T., and Stephanie L. Kent. "The Racial Politics of Due Process Protection." Criminal Justice Review 42, no. 1 (January 11, 2017): 58–76. http://dx.doi.org/10.1177/0734016816684925.

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Discoveries of wrongful convictions have increased substantially over the last several decades. During this period, practitioners and scholars have been advocating for the adoption of policies aimed at reducing the likelihood of convicting a person for a crime they did not commit. Implementing such policies are vitally important not only because they help ensure that the innocent do not receive unwarranted sanctions or that the guilty go unpunished but also because cases of wrongful conviction can erode public confidence in the criminal justice system and trust in the rule of law. To avoid such outcomes, many states have adopted policies through legislation that aim to reduce system errors. It remains unclear, however, why some states appear more willing to provide due process protections against wrongful convictions than others. Findings suggest that dimensions of racial politics may help explain the reluctance of some states to adopt protections against wrongful convictions. Specifically, interaction terms show that states with a Republican governor and a large African American population are the least likely to adopt policies aimed at protecting against wrongful convictions. We thus identify important differences in the political and social context between U.S. states that influence the adoption of criminal justice policies.
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3

Hicks, William D., Kevin J. Mullinix, and Robert J. Norris. "The Politics of Wrongful Conviction Legislation." State Politics & Policy Quarterly 21, no. 3 (March 22, 2021): 306–25. http://dx.doi.org/10.1017/spq.2020.4.

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AbstractWrongful convictions are an increasing salient feature of criminal justice discourse in the United States. Many states have adopted reforms to mitigate the likelihood of wrongful convictions, discover errors, and provide redress in the wake of exonerations, yet we know little about why some are seemingly more committed to reducing such errors than others. We argue that public opinion is consequential for policy reform, but its effects are contingent on the electoral vulnerability of state lawmakers. We also suggest that advocacy organizations play a critical role in policy adoption. Incorporating data from all 50 states from 1989 to 2018, we investigate the adoption of five types of wrongful conviction reforms: (1) changes to eyewitness identification practices, (2) mandatory recording of interrogations, (3) the preservation of biological evidence, (4) access to postconviction DNA testing, and (5) exoneree compensation. Our results highlight a more nuanced view of how public opinion shapes policy.
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4

Maley, John R. "Wrongful Adoption: Monetary Damages as a Superior Remedy to Annulment for Adoptive Parents Victimized by Adoption Fraud." Indiana Law Review 20, no. 3 (January 3, 1987): 709–34. http://dx.doi.org/10.18060/2696.

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5

Koteich, Milagros. "“Wrongful adoption”: ¿hipótesis emergente de responsabilidad patrimonial en Colombia?" Revista de Derecho Privado, no. 28 (June 18, 2015): 437. http://dx.doi.org/10.18601/01234366.n28.13.

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6

Yin, Desheng, and Xinting Zhen. "Employment Protection and Banking Power: Evidence from Adoption of Wrongful Discharge Laws." Sustainability 13, no. 4 (February 3, 2021): 1635. http://dx.doi.org/10.3390/su13041635.

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Human capital and labor costs are crucial for the sustainable growth of organizations, and take a vital role in affecting bank efficiency and banking power. This research empirically investigates whether labor employment protection affects banking power. The analysis exploits the staggered adoption of Wrongful Discharge Laws (WDLs) as a quasi-exogenous shock to employment protection. A Difference-In-Difference research design is implemented to study the impacts of WDLs on banking power, and the main results show that there exists a decline of banking power for commercial banks headquartered in states that adopt employment protection. This study further tests the main mechanism through which WDLs affect banking power and finds that the impaired banking power is primarily due to cost inefficiency but not profit inefficiency. Moreover, the adoption of wrongful discharge laws increases commercial banks’ labor costs and induces bank risk-taking.
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7

Green, Bruce A. "Should Prosecutors Be Expected to Rectify Wrongful Convictions?" Texas A&M Law Review 10, no. 2 (February 2023): 167–218. http://dx.doi.org/10.37419/lr.v10.i2.1.

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In 2008, the American Bar Association amended the Model Rules of Professional Conduct to address prosecutors’ post-conviction conduct. Model Rules 3.8(g) and (h) establish the remedial steps a prosecutor must take after achieving a criminal conviction when confronted with significant new evidence of an injustice. They require prosecutors to disclose the new exculpatory evidence and to take reasonable steps to initiate an investigation, and if clear and convincing evidence then establishes the convicted defendant’s innocence, the prosecutors’ office must take reasonable steps to rectify the injustice. Since then, 24 state judiciaries have adopted versions of one or both rules. Although prosecutors in those states have not reported problems with the rules, state and federal prosecutors often oppose their adoption in the remaining states, including in Texas where the model provisions have been under consideration for over a year. Prosecutors’ objections generally sound one of three themes. First, some prosecutors contest that they should be responsible for investigating and rectifying wrongful convictions. Second, some assert that because they can be counted on to rectify wrongful convictions, the rules serve no useful purpose but instead simply impugn prosecutors’ ethics. Third, some insist that the rules will unduly burden them—the rules demand too much of prosecutorial time and resources; they are too imprecise; or they will provoke unfounded disciplinary complaints to which prosecutors must respond. After providing background into the rules’ development, this Article examines prosecutors’ objections to adopting Model Rules 3.8(g) and (h) and explains why those objections are unpersuasive.
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8

Bodansky, Daniel, and John R. Crook. "Introduction and Overview." American Journal of International Law 96, no. 4 (October 2002): 773–91. http://dx.doi.org/10.2307/3070677.

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In August 2001, the International Law Commission (ILC) adopted its “Draft Articles on the Responsibility of States for Internationally Wrongful Acts,” bringing to completion one of the Commission’s longest running and most controversial studies. On December 12, 2001, the United Nations General Assembly adopted Resolution 56/83, which “commend [ed the articles] to the attention of Governments without prejudice to the question of their future adoption or other appropriate action.”
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9

Pacht, Laurence T. "The Case for a Convention on State Responsibility." Nordic Journal of International Law 83, no. 4 (November 1, 2014): 439–75. http://dx.doi.org/10.1163/15718107-08304003.

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At the time of adopting the Articles on the Responsibility of States for Internationally Wrongful Acts, in 2001, the International Law Commission recommended, inter alia, that the General Assembly of the United Nations consider the possibility of negotiating a convention on the basis of the Articles. On four occasions, since 2001, the member states in the Sixth Committee of the General Assembly have been divided on whether to do so. Nonetheless, the most recent such debate, held in 2013, revealed a strong undercurrent of support among the states for convening a diplomatic conference to negotiate a treaty. However, this trend is not reflected in much of what has been written and argued in the public space, which has been almost entirely in opposition to a convention. The main argument for such opposition has been that a treaty negotiation would set back the development of the law either through the adoption of a flawed text or through failure to reach agreement. The present article seeks to scrutinise the viability of such a prognosis, by both responding to the arguments made against a treaty negotiation and by offering some reasons for supporting the negotiation of a convention on the responsibility of states for internationally wrongful acts.
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10

Girgis, Jassmine. "Corporate Directors’ Disqualification: The New Canadian Regime." Alberta Law Review 46, no. 3 (June 1, 2009): 677. http://dx.doi.org/10.29173/alr222.

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An insolvent time in a corporation’s life may compel directors to engage in reckless behaviour and wrongful conduct to hide the state of financial distress from creditors as the directors attempt to trade out of insolvency. Currently, Canadian legislation does little to protect from this type of situation. In this article, the author examines the different schemes in the United Kingdom, specifically directors’ personal liability and the director disqualification scheme, and argues that the disqualification scheme has been successful for protecting creditors. The author then considers the Canadian provisions currently in place that allow for the removal of directors and concludes that the adoption of a disqualification scheme, especially under the federal insolvency power, should be seriously considered.
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11

Bernhardt, Barbara, and Julia B. Rauch. "Genetic Family Histories: An Aid to Social Work Assessment." Families in Society: The Journal of Contemporary Social Services 74, no. 4 (April 1993): 195–206. http://dx.doi.org/10.1177/104438949307400401.

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The focus, depth, and use of genetic family histories vary depending on the agency purpose and the client's presenting problem. Failure to obtain genetic family histories can result in inaccurate assessment and incomplete or misdirected services. In the worst-case scenario, failure to obtain such information and to advise clients of available genetic services are potential grounds for malpractice and wrongful-adoption suits. The authors discuss approaches to obtaining and recording genetic family histories and present criteria for referral to genetic services. The authors recommend that agency administrators consider consulting with a genetic professional to determine the appropriate focus of genetic family histories within the agency, design a protocol, and arrange in-service training in use of the protocol.
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12

Wittich, Stephan. "The International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts Adopted on Second Reading." Leiden Journal of International Law 15, no. 4 (December 2002): 891–919. http://dx.doi.org/10.1017/s0922156502000390.

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In 2001 the International Law Commission finally adopted on second reading the Draft Articles on Responsibility of States for Internationally Wrongful Acts and the commentaries thereto, thereby successfully concluding almost half a century of work on the topic by the ILC. Subsequent to the adoption, the General Assembly welcomed the conclusion of the work of the ILC. This article highlights the main changes made during the second reading 1998–2001, among them the issue of international crimes, the concept of injured state and countermeasures. While the 59 articles are the result of compromise, they undoubtedly are a major achievement in one of the most important and most sensitive areas of international law. Ultimately they may be a useful tool to promote the enforcement of community interests in the international legal system.
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13

Zalman, Marvin, Laura L. Rubino, and Brad Smith. "Beyond Police Compliance With Electronic Recording of Interrogation Legislation: Toward Error Reduction." Criminal Justice Policy Review 30, no. 4 (July 13, 2017): 627–55. http://dx.doi.org/10.1177/0887403417718241.

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Video recording police interrogations is a widespread reform designed to reduce false confessions. An exploratory survey of Michigan police departments following the adoption of a video recording law indicates that the policy is uniformly followed. A significant number of agencies go beyond the law’s requirements by video recording in the investigation of all crimes and not only major felonies. Most recording captures both the interrogator and suspect. Prior to passage, half of the agencies supported the law and half were neutral. The law stimulated a quarter of the agencies to video record interrogations. A literature review and policy analysis suggests that video recording is a necessary but not a sufficient reform to reduce false confessions and wrongful convictions. Progress toward less confrontational investigative interviewing, used in several European countries and gaining a foothold in the United States, is recommended.
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14

Tzanakopoulos, Antonios. "Sharing Responsibility for un Targeted Sanctions." International Organizations Law Review 12, no. 2 (April 27, 2015): 427–47. http://dx.doi.org/10.1163/15723747-01202008.

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International organizations often lack operational capacity, but may command significant normative power over States. By contrast, States have organs with significant operational capacity. Adoption of sanctions by the un Security Council under Chapter vii of the un Charter would remain a dead letter without enlisting the capacity of States to implement these measures on the ground. The un and its member States may thus both contribute to a single harmful outcome when sanctions are wrongful. International responsibility for this is shared in practice, as demonstrated by recent developments in domestic and regional international courts: States are held responsible by domestic or regional international courts, and are forced to disobey the Security Council in order to comply with their human rights obligations. In turn, the States put pressure on the Security Council to reform the offending regime, forcing the un to comply with its own international obligations.
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15

Freeman, Marilyn, and Nicola Taylor. "Contemporary Nurturing of the 1980 Hague Convention." Laws 12, no. 4 (July 25, 2023): 65. http://dx.doi.org/10.3390/laws12040065.

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A key impetus for the implementation of the 1980 Hague Convention on the Civil Aspects of International Child Abduction was the protection of children from the harmful effects of their wrongful removal or retention. This article considers how well the Convention is achieving this aim in light of the challenges it faces in a global society that has changed significantly since its introduction. Two key aspects of the Convention’s operation are addressed in this regard: (i) The intersection between domestic violence and the exception to return in Article 13(1)(b); and (ii) the adoption of practices to enable abducted children to receive information about, and be given effective opportunities to express their views and be heard in, Convention cases. The article discusses why, how, and to what extent the Convention needs to be nurtured to best position it to meet current and future challenges and demands, including the current differences in interpretation and implementation globally. Suggestions are made to help future-proof the Convention so that children can be best protected in the way envisioned by the Convention.
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16

Batool, Umber. "The Abortion Debate in Post-Roe America." Global Insight: A Journal of Critical Human Science and Culture 3, no. 1 (September 29, 2022): 34–41. http://dx.doi.org/10.32855/globalinsight.2022.005.

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This paper exhibits the argument surrounding the ethicality of abortion, its restrictive laws, and the makeup of child welfare organizations that may influence one’s decision whether or not to have an abortion. Abortion laws were unregulated in the US until the 1800s. Since then, laws have been changed many times, largely depending on the state the law has been ordained in. Texas’s recent passing of the abortion-restricting Senate Bill 8 in September 2021, as well as the national overturning of the 1973 abortion-permitting Roe v. Wade Supreme Court case in June 2022, have sparked debate on this topic. Defining and providing pro-life, anti-abortion, pro-choice, pro-abortion perspectives, the present article aims to prove why abortion restrictions are wrongful to personal freedom and harmful to populations physically, financially, and emotionally. A forced pregnancy results in unprepared expenses, lack of emotional, parental connection, and a risk to women’s lives with unsafe abortions. Racial and economic minority groups are negatively affected by restrictive abortion laws more than others. Issues with alternatives to abortion, such as adoption and government programs, are explained, and it is concluded that until fraud and corruption are eliminated in these programs, abortion is the best solution for now to solve this debate. Solutions proposed in this paper involve electing officials who are in support of abortion and are able to change restrictive laws, encouraging and incentivizing more adoptions, bettering governmental child-care systems, and changing laws that better quality of life in order to lessen the number of abortions overall.
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17

Тимошков, Станислав, and Stanislav Timoshkov. "FORMATION OF THE INTERNATIONAL CRIMINAL COURT'S JURISDICTION OVER THE CRIME OF AGGRESSION." Journal of Foreign Legislation and Comparative Law 3, no. 3 (July 10, 2017): 133–38. http://dx.doi.org/10.12737/article_593fc343dc4296.42771330.

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This research article examines the activities of the international community for inclusion in the Rome Statute of the International Criminal Court a number of amendments, concerning the fixation of the definition of the crime of aggression and the establishment of the Court’s jurisdiction over the international wrongful act. In a view of disputes between the states in the adoption of the Rome Statute concerning the definition of this international crime, set up a special working group whose objective was the development of a project for amendments in the Statute. After a long work at the international conference in the Ugandan capital – Kampala, the Member States of the Rome Statute were considered the amendments to be made to the Statute of the International Criminal Court for its greater efficiency. In considering these amendments were also taken into account the fact that not all states ratified the Rome Statute, respectively, for their adoption it was necessary to consider the national interests of these states. Despite the fact that the introduction of the amendments regarding the crime of aggression was deferred for a certain period, their adoption will strengthen the system of international justice. However, the article notes that it is important to consider the national interests of the states exercising the jurisdiction of the International Criminal Court over the crime of aggression. This aspect concerns the extradition of persons accused of committing serious international crimes, especially the crime of aggression. In a view of the fact that, in accordance with the constitutions of most States, including the Russian Federation, not allowing the extradition of its citizens to the international judicial authorities, as a result, there is a conflict between the provisions of the Rome Statute and national law of several states. Thus, to prevent the crime of aggression and the development of liability rules for it, it is necessary to maintain joint action between states and international judicial organs.
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18

Bederman, David J. "Counterintuiting Countermeasures." American Journal of International Law 96, no. 4 (October 2002): 817–32. http://dx.doi.org/10.2307/3070680.

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The adoption in August 2001 by the International Law Commission (ILC) of its articles on responsibility of states for internationally wrongful acts well and truly brings to a close the twentieth century’s engagement with international law as (in Martti Koskenniemi’s memorable refashioning of George Kennan’s savage critique) a “gentle civilizer of nations.” Including the entry into force of the Rome Statute of the International Criminal Court, the seven pillars of international legal codification have been completed with some form of assistance by the ILC: diplomatic immunities, the law of the sea, a comprehensive law of treaties, the Nuremberg Principles, andjurisdictional immunities of states. Indeed, the articles on state responsibility may represent an even greater methodological challenge for international law codification because they pose fundamental questions regarding the identity and nature of states. Like the Montevideo Convention on Rights and Duties of States and the ILC’s own somewhat obtuse efforts on the international law of state succession, the articles on state responsibility go to the intellectual core of public international law by delimiting the character of states and the nature of their obligations when they interact with other international actors. Perhaps, then, it is no surprise that the ILC’s journey into that doctrinal realm took over half a century, and consumed the attention of five special rapporteurs and countless Commission members.
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19

Dimitrijević, Duško. "Codification and progressive development of rules on succession of states in respect of state responsibility." Revija Kopaonicke skole prirodnog prava 5, no. 1 (2023): 71–114. http://dx.doi.org/10.5937/rkspp2301071d.

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The topic of state responsibility was the main focus of the codification work of the International Law Commission as an auxiliary body of the United Nations General Assembly for almost half a century, and in the final phase of that work, in 2001, it resulted in the adoption of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts. As this codification act did not contain provisions on the succession of state responsibility, at the session of the Commission held in 2017, it was decided to include the topic: "Succession of States in respect of State responsibility" in the program of its future work. With a methodological approach similar to the models present in the two previously adopted Conventions on State Succession (in respect Treaties from 1978 and in respect of State Property, Archives and Debts from 1983), as well as with a synthesis of conceptual meanings formulated in the Draft Articles on Nationality of Natural Persons in relation to the Succession of States from 1999 and the Draft Articles on the Responsibility of States, on which the previous reports of the Special Rapporteur of the International Law Commi rely heavily, it would be possible to systematize the corpus of de lege ferenda rules which, with certain refinements and additions in the next phase of the codification work, could lead to a new Convention on State Succession.
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20

Hall, Matthew. "Criminal redress in cases of environmental victimization: a defence1." International Review of Victimology 23, no. 2 (November 15, 2016): 203–23. http://dx.doi.org/10.1177/0269758016672027.

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In recent years, growing concern has been voiced in the environmental justice literature regarding the ability of criminal justice mechanisms to adequately address environmental harms, especially when such harms are perpetrated by large corporations. Commentators argue that criminal justice processes are often ill-suited to the particular features of environmental cases, where the chain of causation between wrongful actions/omissions and environmentally harmful consequence can be very complex and extend over the course of many years. As an alternative, many such commentators now favour the adoption of more administrative resolutions when corporate bodies breach their environmental obligations (which may or may not amount to ‘crimes’). Others favour the use of civil sanction regimes, which is now the preferred approach of the UK Environment Agency. In this paper I will argue that the debate on how best to respond to environmental harm has so far neglected to factor in the perspective of the victims of those harms and, in particular, their need for redress. I will argue that by incorporating such a perspective, as opposed to focusing largely on questions of efficiency and cost-effectiveness, the criminal justice route still has much to recommend it, especially in relation to the provision of meaningful redress and/or compensation to the victims of environmental harm. Consequently, this paper will provide a victimological defence of the criminal justice process, and of criminal penalties, in their application to cases of environmental harms.
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21

Al-Saleh, Ebtisam, Kefah Al-Soury, and Hanan Al-Daher. "The concept and scope of restorative justice for juveniles According to the Islamic and Jordanian Legislations." Journal of Social Sciences (COES&RJ-JSS) 9, no. 2 (April 1, 2020): 482. http://dx.doi.org/10.25255/jss.2020.9.2.482.504.

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The adoption of the restorative justice approach is more appropriate for the children in conflict with the law and more sensitive to achieving their best interests and rehabilitating them to facilitate their reintegration into society again ( socializing ), and to play a constructive role in the society, and not to return to violating the law again, unlike the traditional policy in the criminal justice, which did not give the sufficient weight to the personal and objective circumstances of the child , and it focused on the punishment and criminalization for every wrongful act without looking at restorative alternatives to the convicted child . The restorative justice, therefore, is an alternative approach to the ordinary criminal procedure in certain cases. The judicial system is not the only procedure that must address the phenomenon of children in conflict with the law in all cases. In certain cases, it is better to conduct a dialogue and mediation between the perpetrators and the victims, with the aim of reaching to repair the harm and to rehabilitate the perpetrators (children) according to the measures outside the judicial system. This is what Islamic Shari’a called fourteen centuries ago. The Shari’a (Islamic Law) defined the criminal reconciliation and approved it as one of the most serious types of crimes against the self by the adult, as it has indicated. According to the Shari’a, the juvenile, whether he is cognizant or not of, is not criminally responsible for the violations he commits nor a case will be filed against him and no penal action will be taken against him.
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22

Lis, Edyta. "Środki solidarnościowe w świetle artykułów Komisji Prawa Międzynarodowego o odpowiedzialności państwa za akty sprzeczne z prawem międzynarodowym." Studia Prawnicze / The Legal Studies, no. 4 (196) (December 31, 2013): 5–54. http://dx.doi.org/10.37232/sp.2013.7.1.

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W 2001 roku Komisja Prawa Międzynarodowego, po trwających prawie pół wieku pracach, przyjęła projekt dotyczący odpowiedzialności państwa za akty sprzeczne z prawem międzynarodowym. Zarówno koncepcja środków solidarnościowych oraz problematyka podmiotów uprawnionych do stosowania takich środków stanowiły jedną z najbardziej dyskusyjnych kwestii. Ostateczna wersja Artykułów nie pozwala, w sposób nie budzący żadnych wątpliwości, na określenie tych podmiotów. Artykuł 54 ogranicza prawo państwa, uprawnionego na podstawie art. 48, do stosowania środków zgodnych z prawem, a nie środków solidarnościowych. W komentarzu KPM stwierdziła, iż praktyka państw dotycząca stosowania środków solidarnościowych jest ograniczona i nieukształtowana. W artykule dokonano analizy prac KPM odnośnie do koncepcji środków solidarnościowych stosowanych w odpowiedzi na naruszenie interesu społeczności międzynarodowej jako całości. Środki te w zdecentralizowanym systemie prawa międzynarodowego pozbawionym, jak to określił W. Riphagen, „policjanta społeczności międzynarodowej”, mogą stanowić swoistego rodzaju gwarancję egzekwowania prawa międzynarodowego w przypadku poważnych naruszeń tego prawa. Celem artykułu jest przedstawienie procesu kształtowania się uregulowań dotyczących środków solidarnościowych stosowanych w odpowiedzi na naruszenia fundamentalnego interesu społeczności międzynarodowej. In 2001 the International Law Commission (ILC) successfully completed its work on the topic of state responsibility for internationally wrongful acts. This study presents an analysis which focuses on the ILC work on the issue of collective countermeasures taken in response of breach of an obligation owed to the international community as a whole. That conception was one of the most sensitive area in its work on state responsibility. Furthermore, ILC raises fundamental question about subject entitled to take such measures. Unfortunately the adoption of this Articles has been far from the answer to that question. Article 54 limits the right of the state entitled under article 48 to use lawful measures rather than countermeasures. ILC in its commentary stated that state practice on this subject is limited and embryonic. However, ILC mentioned a few examples in which the state, other than the injured, responds to the breach of the obligations for the protection of the general interest. The purpose of this analysis is to show the process of emergence of regulations concerning the question of solidarity measures taken in reaction to serious violation of fundamental international community interest. The concept of collective countermeasures, in a decentralized international legal system which lacks, as W. Riphagen said, “policeman of the international community”, fills a legal gap and is a guarantee of enforcement of international law in case of violation of fundamental international community interest.
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Koverznev, V. O., and S. P. Ponomaryev. "LEGAL GROUNDS, FORMS AND PRINCIPLES OF COMPENSATION FOR DAMAGES DUE TO UKRAINE BY THE MILITARY AGGRESSION OF THE RUSSIAN FEDERATION." Economics and Law, no. 1 (April 27, 2023): 43–52. http://dx.doi.org/10.15407/econlaw.2023.01.043.

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The aggressive war waged by the Russian Federation caused significant material losses to Ukraine. According to preliminary estimates of the World Bank, as of the beginning of December 2022, the cost of the post-war reconstruction of Ukraine amounted to 500-600 billion euros, while the full recovery of Ukraine requires the development of a large plan. In this connection, there is a need to solve the problem of real compensation for damages caused to Ukraine by the aggressive war waged by the Russian Federation, which is new and insufficiently researched by representatives of legal science. Based on the analysis, it was concluded that the Charter of the United Nations; The text of the articles on the responsibility of states for internationally wrongful acts, adopted by the Resolution of the General Assembly of the United Nations Organization dated 12.12.2001 No. 56/83, which is a source of customary international law; the interim decision of the International Court of Justice of the United Nations of 16.03.2022 on the immediate halt of the military invasion of the Russian Federation on the territory of Ukraine; The resolution of the General Assembly of the United Nations “Aggression against Ukraine” dated 02.03.2023, which condemns the military invasion of the Russian Federation into Ukraine, together create the prerequisites for the recognition of all military actions committed on the territory of Ukraine by the armed forces of the aggressor state, such that violate current international law and provide grounds for imposing on the Russian Federation the obligation to compensate all damages caused by its military aggression. It was emphasized that the creation of an international regulatory framework regarding the responsibility of the Russian Federation should end with the adoption of a multilateral agreement with the participation of Ukraine as a state that suffered from the armed aggression of the Russian Federation, and other states that agree to search for and confiscate the assets of the Russian Federation, with the aim of using them for real compensation for damages. It is substantiated that the main types of responsibility of the Russian Federation include compensation for property and moral damage; direct compensation for damages caused by the internationally illegal actions of the Russian Federation will take place in the form of restitution (substitution), compensation and satisfaction both separately and by combining them, as well as by charging interest; the decision on the distribution of monetary compensation for damaged or destroyed objects of immovable and movable property, as well as compensation for moral damage and lost profit to the injured persons should be carried out in compliance with the principles of social justice and proportionality.
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24

Priaulx, Nicolette. "Health, Disability & Parental Interests: Adopting a Contextual Approach in the Reproductive Torts." European Journal of Health Law 12, no. 3 (2005): 213–43. http://dx.doi.org/10.1163/157180905774857934.

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AbstractIllustrating the limitations of the notion that caring for a disabled child is harmful and sufficiently distinctive from the (judicially viewed harmless) experience of caring for non-disabled children, this article takes issue with the differential outcomes of the reproductive torts where success pivots upon the presence or absence of disability. Since caring for any child must be seen as bringing about a significant caring responsibility, if there is a difference in the burden that results, this will be a matter of extent, not kind. Also taking a critical view of the House of Lords recent determination of Rees v Darlington Memorial Hospital, this article notes that nor can a "common approach" to all claims of wrongful conception and birth offer an equitable alternative. Ignoring context and treating all reproductive outcomes equally for the purposes of compensation is certain to result in manifest unfairness. The thrust of the argument is that it is essential that the law embrace a more contemporary and contextual approach, based on the value of reproductive autonomy.
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Seršić, Maja. "Odgovornost međunarodnih organizacija, s posebnim osvrtom na višestruku pripisivost te odgovornost država za čine međunarodnih organizacija." Zbornik Pravnog fakulteta u Zagrebu 72, no. 1-2 (June 1, 2022): 379–400. http://dx.doi.org/10.3935/zpfz.72.12.11.

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The responsibility of international organizations attracted special attention in theory and practice of international law after the International Law Commission began its work on the topic in 2002. The Commission ended its work in 2011 by adopting the Draft Articles on the Responsibility of International Organization. In this contribution we give an overall review of the Draft articles with special a emphasis on the cases of multiple attribution and responsibility of states for internationally wrongful acts of international organizations. Analyzing the critical remarks raised in regard to the Draft, we concluded that they cannot diminish the successful outcome of the work of the Commission, which is, a coherent and consistent system of rules devoted to the responsibility of international organizations.
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Solaiman, S. M., and Abu Noman Mohammad Atahar Ali. "Rampant Food Adulteration In Bangladesh: Gross Violations Of Fundamental Human Rights With Impunity." Asia-Pacific Journal On Human Rights and The Law 14, no. 1-2 (July 1, 2013): 29–65. http://dx.doi.org/10.1163/15718158-14010297.

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Food adulteration in Bangladesh is rampant and an increasingly serious concern for its residents. Several studies including those of the Directorate General of Health Services reveal that hundreds of people are getting killed every year eating adulterated foodstuffs and no one seems to have any real concern about such a life-threatening wrongful act. Food adulteration is criminally prohibited, but the wrongdoers care little about this proscription simply because of the continued apathy of the governmental agencies concerned and implicit acceptance or insensible ignorance of consumers. However, the current fragmented legal and regulatory regime for food safety in Bangladesh falls short of international standards. This article demonstrates that the Government of Bangladesh is obliged to prevent food adulteration and to punish perpetrators under its international as well as constitutional obligations. It is also submitted that effective regulation of such an endemic malfeasance entails weakening the offenders by adopting international standards and educating the consumers at the same time.
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Zinsu, O. І. "Crime of domestic violence (Article 126-1 of the Criminal Code of Ukraine): analysis of judicial practice." Uzhhorod National University Herald. Series: Law 66 (November 29, 2021): 189–96. http://dx.doi.org/10.24144/2307-3322.2021.66.31.

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The scientific article is devoted to the analysis of judicial practice of the crime of domestic violence. The urgency of the topic is due to the need to develop Ukraine as a modern democratic state governed by the rule of law and further expand legal regulation in the field of prevention and combating domestic violence. Methodology. Methodological tools are selected in accordance with the purpose, objectives, object and subject of research. The methodological basis of the study are philosophical, general and special-scientific methods of cognition. The theoretical basis of the study were the prescriptions of regulations of current legislation of Ukraine and scientific works of domestic scientists on domestic violence. Taking into account the specifics and complexity of the chosen subject of research, interdisciplinary and complex approaches were used, which allowed to work out and interpret the results of empirical research. The generally accepted principles of scientific knowledge are applied, in particular, the principle of determinism, the principle of conformity, the principle of subsidiarity. The methods, techniques, principles used made it possible to identify, distinguish, distinguish and prolong the relationship of part and whole, single and total selected sample, emphasizing the dialectical unity and difference between the properties, relationships and aspects of the subject. The empirical basis of the study is the information obtained from the analysis of case law, namely: acts of criminal law (court verdicts), the period of adoption from 01.01.2020 to 01.01.2021, the decisions of which are placed in the Unified State Register of Judgments of Ukraine. In the course of the research the concept, legal consequences and composition of the crime of Article 126-1 were revealed and characterized. Domestic violence of the Criminal Code of Ukraine. The variability of structural units of criminal-legal interaction of the offender-victim with the indication of the family-legal status of the participants in the crime of domestic violence is emphasized. Attention is paid to fragments of legal reality and to certain orientation units of lawful and wrongful behavior. The influence of genetic and environmental factors on the formation of the behavior of participants in deep conflict domestic violence is noted. Attention is paid to the commission of crimes based on personal hostility. Also, the interpretation of the sample data revealed that a significant number of crimes of domestic violence were committed by the perpetrator (suspect / accused) in a state of intoxication or under the influence of psychoactive substances (alcoholic beverages), which in turn indicates the problem of interdependent, addictive behaviors, psychologic emotional imbalance. Thus, the modular interrelationships of the participants in the deep conflict in the field of domestic violence, taking the form of a criminal act, are determined by a set of interconnected, interdependent factors of biological and social nature. This gives grounds to argue about the need to improve measures to prevent and correct deviant behavior in society. Based on the results of the study, conclusions and recommendations were formed regarding the improvement of social and legal influence in the field of prevention and counteraction to domestic violence. Among other things, it is expedient to modernize social policy, form, develop the institution of "family", "general family", as well as the development and implementation of targeted comprehensive programs for the prevention of domestic violence, legal education, structured according to psychological age, hierarchy of activities, neoplasms of consciousness and personality. The general conditions of such an approach are the successful acquisition of knowledge and skills of self-regulation of behavior, as well as the formation of motivational and demanding sphere of personality of the right direction. The obtained results can be used: in research work — for further research of legal, psychological specifics and structure of domestic violence; in law-making — to improve the legal regulation of the system of prevention, counteraction to domestic violence; — law enforcement activities — in the implementation of state policy in the field of prevention, combating domestic violence; in the educational process — in the preparation of lectures, seminars, practical classes; in legal and educational activities — to improve the modular guidelines of socio-legal behavior of the individual, aimed at raising the level of legal awareness, legal culture; as well as for all other professionals who deal with domestic violence.
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Perutka, Lukáš. "Bohumír Menzel: Another Influence on the Beginning of the Czech Mass Immigration to Texas?" Annals of the Náprstek Museum 45, no. 1 (2024): 3–29. http://dx.doi.org/10.37520/anpm.2024.001.

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This article aims to present the relatively unknown personality of Bohumir (Gottfried) Menzel (1798–1879) and connect his writings to the beginning of the Czech mass immigration to Texas. Adopting the thematic and discourse analyses, we can observe that his letters contain positive information on Texas that coincides with the main concerns of Czech society in the 1840s and early 1850s. Therefore, we can assume that his letters were published by the general Czech press and served as an influence for immigration to Texas. Furthermore, the passenger lists also show us that he probably led one of the first groups of migrants to Texas. The main finding of this article is that Menzel was wrongfully omitted by Czech and American historiography and should be put alongside other persons who influenced Czech mass immigration to Texas, Josef Arnošt Bergmann or Josef Lidumil Lešikar.
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Greiwe, Teresa, and Ardavan Khoshnood. "Do We Mistake Fiction for Fact? Investigating Whether the Consumption of Fictional Crime-Related Media May Help to Explain the Criminal Profiling Illusion." SAGE Open 12, no. 2 (April 2022): 215824402210912. http://dx.doi.org/10.1177/21582440221091243.

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The disparity between the ongoing use of criminal profiling and the lack of empirical evidence for its validity is referred to as criminal profiling illusion. Associated risks for society range from misled police investigations, hindered apprehensions of the actual offender(s), and wrongful convictions to mistrust in the police. Research on potential explanations is in its infancy but assumes that people receive and adopt incorrect messages favoring the accuracy and utility of criminal profiling. One suggested mechanism through which individuals may acquire such incorrect messages is the consumption of fictional crime-related media which typically present criminal profiling as highly accurate, operationally useful, and leading to the apprehension of the offender(s). By having some relation to reality but presenting a distorted picture of criminal profiling, fictional crime-related media may blur the line between fiction and reality thereby increasing the risk for the audience to mistake fiction for fact. Adopting a cultivation approach adequate to examine media effects on one’s perception, the present study is the first to investigate whether the perception of criminal profiling may be influenced by the consumption of fictional crime-related media based on a correlation study. Although the results provide support for the assumption that misperceptions of criminal profiling are widely spread in the general population and associated with the consumption of fictional crime-related media, the found cultivation effects are small and must be interpreted cautiously. Considering that even small effects may have the potential to influence real-life decision-making, they may still be relevant and affect society at large.
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Omerović, Enis. "Aggression in International Law: The Crime of a State and Criminal Responsibility of an Individual." Društvene i humanističke studije (Online) 7, no. 2(19) (May 20, 2022): 401–48. http://dx.doi.org/10.51558/2490-3647.2022.7.2.401.

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The paper covers unlawful use of force in international law by states to explore the general concept and definition of aggression in the law of state responsibility and for criminal responsibility of individuals. The genesis of the concept of aggression in the XX century is analyzed. The paper describes problems that arose in defining the aggression that accompanied the efforts to ban any threat of force and the use of force by international law provisions, which was over with adopting the United Nations Charter in 1945. The responsibility of a State for the internationally wrongful act in question was accompanied by the criminal responsibility of individuals for the same international crime. The analysis of cases before the International Court of Justice in The Hague, and the analysis of the work of the United Nations Security Council, reveal their practice in terms of which of the above authorities has priority in finding State responsibility? Equally, we seek to identify the weaknesses concerning the definition of aggression adopted as an expression of political compromise in Annex to the 1974 UN General Assembly Resolution, and whether the 2010 Kampala definition contained in the amendments to the Rome Statute may be considered inadequate in trying of the International Criminal Court to fight impunity and to participate in the prevention of future crimes of aggression through its work and actions. Ultimately, is the aggression any threat or violation of international peace and security by the state? If aggression is a true-crime of a State, does that mean that only the state's highest officials will be criminally responsible for the crime in question?
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31

Adhikary, Britee, and Poushali Chatterjee. "Abuse of Human Rights in The Neoliberal World Order: The Case of Israel Palestine Conflict." Indian Journal of Social Science and Literature 1, no. 4 (June 30, 2022): 22–26. http://dx.doi.org/10.54105/ijssl.d1022.061422.

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The rights which are entitled to human beings, are crucial for their existence and are formulated with the intention of safeguarding their life, personal liberty and dignity are referred to as human rights. The traditional notion of human rights and security perceived them as antithetical and separate concepts whereas the current idea propagates the interlinkage between the two and highlights the need to preserve human rights in order to enforce security. Neoliberalism seeks to reduce the role of the state including to diminish its social and welfare responsibilities which affects the protection and implementation of human rights. Thus, a pertinent question is raised: What aspects of neoliberalism are abusive of human rights in the contemporary international structure? This paper takes up the case study of the Israel-Palestine conflict, which dates back to the nineteenth century and analyses it from the perspective of human rights conservation. Israel refuses to give the status of ‘rightful sovereigns’ to the Palestinians residing in the West Bank and Gaza and therefore, believes that they are not entitled to any protection bestowed by the international humanitarian laws. This research further takes into account the aspect of human rights in the U.S. policies concerning Israel. The U.S. has been projecting itself as the torchbearer of liberalism and individual rights in the contemporary neoliberal world order. Yet, it provides military and economic support to Israel and virtually remains silent in its wrongful claims over Palestinian territories. The contemporary world order has seen different countries adopting rightist policies, excluding regional identities and promoting the concept of a homogenized society. The abuse of human rights which these circumstances bring about become equally pertinent as the newest threat to individual security and consequently affects the international socio-political domain.
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32

Aceves, William. "The Civil Redress and Historical Memory Act of 2029: A Legislative Proposal." University of Michigan Journal of Law Reform, no. 51.1 (2017): 163. http://dx.doi.org/10.36646/mjlr.51.1.civil.

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During the extant “War on Terror,” U.S. and foreign nationals who did not engage in hostilities were detained and mistreated abroad by the United States or by other countries with the acquiescence of the United States. These individuals were accused of being terrorists or were suspected of associating with terror groups, but they were, in fact, innocent. They were eventually released and were never charged by the United States with any crime. Despite their innocence, the United States has failed to provide them with any form of redress for their mistreatment. The Bush, Obama, and Trump administrations refused to apologize or provide any reparations to these individuals. The federal courts have consistently dismissed their efforts to seek redress through legal process. And, to date, Congress has remained silent. To remedy these acts of injustice, this Article offers a legislative proposal based on the Civil Liberties Act of 1988, which Congress adopted to address the discrimination and detention of Japanese Americans during the Second World War. Based on this historical analog, this Article proposes the adoption of the Civil Redress and Historical Memory Act of 2029, which would establish a commission of inquiry to investigate these cases of arbitrary detention and mistreatment perpetrated by the United States during the War on Terror. The Act would offer an apology and provide restitution to individuals who were wrongfully detained and mistreated by the United States or by other countries with U.S. complicity during the War on Terror. The Act would also establish a public education program that would publicize the commission’s findings and promote awareness of human rights in the United States and abroad.
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Ryzhov, Artem Nikolaevich. "Criminal law characteristics of unlawful acts in a bankruptcy of an individual who does not have the status of an entrepreneur." Право и политика, no. 9 (September 2020): 65–80. http://dx.doi.org/10.7256/2454-0706.2020.9.33905.

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  The object of this research is public relations established within the framework of commission of unlawful actions in case of bankruptcy of a citizen (the Article 195 of the Criminal Code of the Russian Federation). The subject of this research is the norms set by the Article 195 of the Criminal Code of the Russian Federation, Chapter X of Bankruptcy Act, case law, resolution of the Plenum of the Supreme Court of the Russian Federation on bankruptcy of the citizens, scientific works on the topic. The goal of this article consists in formulation of the scientifically substantiated recommendations for improving criminal legislation provisions that establish responsibility for committing unlawful actions in case of bankruptcy of a citizen, as well as their practical implementation. The scientific novelty consists in differentiation of the unlawful actions in case of bankruptcy of a legal entity, individual entrepreneur, and a citizen who does not have the status of an individual entrepreneur, based on the fact that these actions impinge on various public relations. Unlawful actions in case of bankruptcy of a citizen are viewed as separate offence. An original definition of the direct object of unlawful actions in case of bankruptcy of a citizen is provided. In accordance with bankruptcy law and acts of its interpretation the author determines substantial differences between the content of constituent elements of the object, actions and circumstances of unlawful actions in case of bankruptcy of a citizen established by the Parts 1 and 3 of the Article 195 of the Criminal Code of the Russian Federation and the wrongful actions in case of bankruptcy of the legal entity. Specific recommendations are formulated on introducing amendments to the Part 2 of the Article 195 of the Criminal Code of the Russian Federation. Leaning on the analysis of statistical data and case law, the author concludes on the need for adopting a resolution of the Plenum of the Supreme Court of the Russian Federation on criminal bankruptcies, the draft of which may take into account the results obtained in this research.  
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Muñoz Fernández, Alberto. "Restitución del menor, declaración de ilicitud del traslado y competencia judicial internacional. Comentario al auto de la audiencia provincial de las islas baleares de 19 de abril de 2018 = Return of the child, declaration of wrongful removal and jurisdiction. Comment on the judgment of the Spanish Court of Appealof the Balearic Islands of 19 April 2018." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 1 (March 11, 2019): 863. http://dx.doi.org/10.20318/cdt.2019.4661.

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Resumen: la solicitud de restitución de un niño ante las autoridades inglesas no impide que los tribunales españoles, país donde el menor tenía su de residencia habitual antes del traslado, declaren la ilicitud del traslado y adopten medidas cautelares para evitar un nuevo traslado internacional.Palabras clave: sustracción internacional de menores, secuestro internacional de menores, restitución del menor, retorno inmediato, declaración de ilicitud del traslado, retirada del pasaporte, competencia judicial internacional, litispendencia, garantías procesales.Abstract: the request for the return of a child before the English authorities does not prevent the Spanish courts, the country where the child had his habitual residence before the transfer, assume jurisdiction to declare the wrongfulness of the removal and adopt precautionary measures to avoid a new international abduction.Keywords: international child abduction, legal kidnapping, return of the child, prompt return, declaration of wrongfulness of the transfer, withdrawal of the Passport, international jurisdiction, lis pendens, procedural guarantees.
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35

Macía Morillo, Andrea. "Wrongful adoption: ¿Quién responde?" Oñati Socio-Legal Series, April 25, 2024. http://dx.doi.org/10.35295/osls.iisl.1952.

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El artículo analiza la posible reclamación de responsabilidad civil que puede plantearse en el contexto de una adopción cuando no se informa a los adoptantes de determinadas condiciones de enfermedad o comportamiento disruptivo presentes en el adoptado con anterioridad a la constitución de la adopción. Partiendo de la experiencia estadounidense en relación con las acciones de wrongful adoption, se estudia si sería posible ejercitar una reclamación de responsabilidad paralela en el ámbito del Derecho español o existen diferencias significativas entre ambos sistemas que justifiquen su rechazo en nuestro ordenamiento. Más allá de examinar si cabe en tales supuestos la alternativa de poner término al vínculo creado legalmente por medio de una anulación de la adopción, el análisis se centra en las cuestiones más problemáticas en torno a la posible reclamación de responsabilidad, fundamentalmente el daño y el parámetro de imputación subjetiva, y en si tal remedio es el más apropiado para solucionar ese tipo de problemas. The article analyzes the possible claim that may arise in the context of an adoption when the adoptive parents are not informed of certain conditions of illness or disruptive behavior present in the adoptee prior to the constitution of the adoption. Based on the US experience in relation to wrongful adoption actions, it is studied whether it would be possible to file a parallel liability claim in the field of Spanish Law or there are significant differences between both systems that justify their rejection in our legal system. Beyond studying whether the alternative of ending the relationship legally created by means of an annulment of the adoption fits in such cases, the analysis focuses on the most problematic issues regarding the possible claim, namely the damage and the subjective imputation parameter, and whether such a remedy is the most appropriate to solve this type of problems.
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Hunter Hernández, Martha C., and Zully Vega Cerón. "Wrongful Birth: ¿un daño resarcible en el ordenamiento jurídico colombiano?" Precedente. Revista Jurídica 14 (January 3, 2019). http://dx.doi.org/10.18046/prec.v14.3359.

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El presente artículo pretende resolver la siguiente pregunta de investigación: ¿en casos de nacimientos con enfermedades congénitas que involucran una discapacidad física o mental, inadvertidas oportunamente debido a un error de diagnóstico prenatal, es posible pregonar que respecto de los padres se configura un daño susceptible de reparación en el ordenamiento jurídico colombiano? Para dar respuesta a la cuestión, se hace una revisión de la acción denominada wrongful birth en el derecho comparado y su autonomía frente a otras wrongful actions relacionadas con el ejercicio de la libertad reproductiva y la paternidad responsable (wrongful life, wrongful conception y wrongful adoption), con base en lo cual se emprende el análisis de cada uno de los elementos de la responsabilidad civil en nuestro país en los supuestos de wrongful birth, para concluir su viabilidad en Colombia y presentar un esquema de cómo podría ser la reparación de perjuicios.
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37

"When Love Is Not Enough: Toward a Unified Wrongful Adoption Tort." Harvard Law Review 105, no. 7 (May 1992): 1761. http://dx.doi.org/10.2307/1341750.

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38

Brown, Lydia X. Z. "Legal Ableism, Interrupted: Developing Tort Law & Policy Alternatives to Wrongful Birth & Wrongful Life Claims." Disability Studies Quarterly 38, no. 2 (May 31, 2018). http://dx.doi.org/10.18061/dsq.v38i2.6207.

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Early in 2016, the widely acclaimed film Me Before You premiered nationally to a spate of disabled-led protests against the ableism in the film's core story – that of a wealthy, physically disabled young man whose romantic and sexual relationship with a young woman hired as his caregiver (and quasi-maternal or mentoring figure) leads to his choice to kill himself to avoid living further while disabled, and to bequeath his assets to her. Protested as a "disability snuff film" by leading groups like Not Dead Yet, disabled activists lambasted the film for its glorification of assisted suicide as a brave and heroic choice because of the protagonist's disability – criticizing the writers for sending a very strong message that it is better to be dead than to live as disabled, however that might be defined or understood. U.S. law has often embodied that very same message despite the existence of civil rights protections for people with disabilities, and most particularly and glaringly in its adoption of wrongful birth and wrongful life claims as cognizable in tort. In this paper, I aim to provide brief context on the nature and history of wrongful birth and wrongful life claims, examine the myriad social harms toward disabled people that stem from their assertion, explore non-ableist purposes for which these claims might be brought, and propose potential legal and policy mechanisms as alternative means for achieving their possible legitimate purposes without reliance on them.
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39

Wang, Wei, and Chris Yung. "Employment Protection and Venture Capital Investment: The Impact of Wrongful Discharge Laws." Management Science, May 22, 2024. http://dx.doi.org/10.1287/mnsc.2023.01936.

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Wrongful discharge laws (WDLs) provide limits to the employment-at-will doctrine, and thus impair operating flexibility, increasing expected financial distress costs by making it costly to fire employees. This impairment is detrimental to start-ups, leading to a decline in venture capital (VC) investment. Using a difference-in-differences framework enabled by the staggered adoption of WDLs across the U.S. states, we show VC investment declines after a state adopts the good faith exception (the strongest form of WDL). This decline is most pronounced in sectors with high labor dependency. This paper was accepted by Victoria Ivashina, finance. Supplemental Material: The data files are available at https://doi.org/10.1287/mnsc.2023.01936 .
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Benke, József. ""„Káros örökbefogadás”: Kártérítés vagy „tovagyűrűző biztatási kár”? A „wrongful adoption” összehasonlító értelmezése a magyar kárkötelmi jogban"." Polgári Jog 2024, no. 5-6 (May 27, 2024). http://dx.doi.org/10.55413/193.a2400301.poj.

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41

-, Vasudev Digambar Sawant. "The Law and Science of Eyewitness Evidence." International Journal For Multidisciplinary Research 6, no. 2 (April 7, 2024). http://dx.doi.org/10.36948/ijfmr.2024.v06i02.16522.

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Eyewitness testimony is heavily reliant on their memory and visual perception, both of which are highly prone to error. Eyewitness memory's propensity for error has long been shown in instances of wrongful conviction. Currently, decades of scientific studies on memory and visual perception have shown important error sources and strategies for enhancing eyewitness accuracy. Similar to a few other legal fields, eyewitness testimony that involves experimentation in the identification process lends itself to scientific study. Consequently, eyewitness testimony has evolved into a test bed for applying science to legal interpretation. This article looks at the responses given to this corpus of research by legal players, including state and federal courts, state legislators, and law enforcement organisations. Although decisions from the Supreme Court have established a constitutional floor, we discover that this largely does not inform first-hand evidence-based law. As we document in a comprehensive fifty-state survey of rulings, state courts have increasingly used eyewitness memory science to reduce misidentifications. In our second examination, we look at what more state legislators have accomplished by examining the twenty-four state statutes that govern the process of eyewitness identification. Third, law enforcement organisations have embraced updated identification procedures, notably through the adoption of a model policy by twenty-nine states.
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Mal’ko, Aleksandr V., and Veronika S. Khizhniak. "Prohibitions in the Social and Legal Regulation: an International Aspect." Journal of Siberian Federal University. Humanities & Social Sciences, December 2019, 2230–40. http://dx.doi.org/10.17516/1997-1370-0532.

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This work is focused on the problems arising in imposing prohibitions in international relations; the authors identify the main legal and social aspects hindering creation of effective mechanism for implementing prohibitions in international relations and enlist possible ways of eliminating the possible problems. The analysis of the international legal norms of institutionalizing prohibitions and practices of their implementation revealed that an effective implementation of prohibitions is often associated with the need to amend national legislation, as well as with the presence of Russia’s own legal norms that make it possible to apply the norms of international law in the state directly, or to apply them jointly with the norms of the national law. The absence of a universal international instrument governing the responsibility of states for breaching legal prohibitions makes it difficult to implement these prohibitions and comply with them, although states may follow the rules of the “Draft Articles on Responsibility of States for Internationally Wrongful Acts” as a document stating moral (political) prescriptions. The main problems cumbering the development of an effective mechanism for implementation of prohibitions are the following: the absence of agreed international and domestic legal mechanisms for implementation of prohibitions; the reluctance of states to bear responsibilities; the attempts to mitigate the prosecution of citizens, especially officials; and failures to take adequate legal measures for resolving the problem. The authors necessitate adoption of documents that could regulate the issues of international legal responsibility, though in a unipolar world it is very problematic and can even aggravate the situation. The mechanism developed under such conditions can reflect the position of only one state and therefore can result in consolidating an undesirable hierarchy of states in international relations. An effective legal mechanism of responsibility for the violation of prohibitions in international relations can arise only in a multipolar world. It is also necessary to abide the basic principles of international law, to strengthen international cooperation and improve the mechanisms of international legal regulation. These efforts also call forth the establishment of a multipolar world
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Serhii, Kidalov, and Snizhna Valeriia. "Administrative responsibility for offense in the field of environmental protection." Law. Human. Environment 12, no. 3 (September 16, 2021). http://dx.doi.org/10.31548/law2021.03.015.

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The scientific work investigates the features of administrative liability for offenses in the field of environmental protection. A classification of administrative offenses in the field of environmental protection has been formed, where the most common method is classification by object of encroachment. A study of the composition of administrative offenses in the field of environmental protection. In particular, it is determined that the composition of environmental offenses consists of: object – public relations in the field of environmental protection; subject – a natural sane person aged 16 years; objective side – illegal behavior, causing harm to the environment or violation of legal rights of subjects of environmental law; the causal link between the wrongful conduct of a person and the harm caused, the subjective side – guilt, motive and purpose of the offense. The issues, essence, features and types of measures of administrative coercion in the field of nature protection, the system and types of administrative penalties, the causes and conditions of committing offenses in the field of ecology are studied. In particular, it is determined that the causes and conditions of environmental offenses can be divided into two groups: subjective (is circumstances that arise in a person's desire to commit them) and objective, which include negative consequences for the nature of some achievements of science and technology. In addition, the scientific article attempts to analyze the main mechanisms of prevention of administrative offenses in this area and on the basis of this analysis, the authors provide their own conclusions on improving the administrative and legal mechanism of environmental protection. Also, it is determined that the administrative remedies for the prevention of administrative offenses in the field of environmental protection in addition to the establishment of legal norms, rules, regulations and standards include: state control over environmental protection; persuasion measures; measures of administrative coercion applied for the purpose of prevention, cessation of offenses in the field of environmental protection and bringing the perpetrators to administrative responsibility, as well as remedial measures. It is proved that to improve the administrative and legal mechanism in the field of ecology, our state should introduce: the use of legal, scientifically sound approach, a system of assistance to enterprises in the field of environmental modernization of production, adoption of the «polluter pays» principle, training and retraining of civil servants, environmental sphere. Keywords: administrative offenses, environmental protection, administrative and legal mechanism, composition of administrative offenses, administrative coercion, administrative and legal measures
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Goessler, Emilia. "Talisman Energy and the Second Sudanese Civil War." Pax et Bellum Journal 11 (May 21, 2024). http://dx.doi.org/10.33063/pbj.v11i2024.560.

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Holding corporations accountable for complicity in international crimes is especially difficult, due to lacking international legal guidelines and the fact that corporations do not become complicit for the same reasons that perpetrators commit crimes. The oil company Talisman Energy has been praised for its 2003 divestment from Sudan, but the corporation was never held accountable for its involvement in the second Sudanese civil war and victims were not compensated. This paper analyzes the Talisman Energy case through the lens of the International Commission of Jurists’ framework for corporate complicity, and illustrates the advantages of an adaptable knowledge and foresight threshold complemented by measures of causality and proximity. Adopting a holistic framework like this in legal provisions may prevent wrongful acquittals in the future and contribute to transitional justice for the victims of international crimes. While there is more work to do to design the appropriate legal provisions, this exploratory study recommends three fields of action: a broader awareness of the corporate accountability gap; a consideration of corporate accountability in transitional justice programs; and further research on the overlap between corporate accountability and transitional justice.
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Hafiz Aijaz Ali and Farooq Hassan. "Analytical Study of Influences of Western Civilization upon Muslims." Iḥyāʾalʿulūm - Journal of Department of Quran o Sunnah 20, no. 2 (December 29, 2020). http://dx.doi.org/10.46568/ihya.v20i2.55.

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Western civilization has indeed a great influence over the Muslim world. It is a fact that all Muslims should lead their lives according to an Islamic way but unfortunately Muslims consider adopting Western civilization as a key to success, however, this Western influence over the Muslim societies has been brought upon with the help of Western media which is also bound to target Muslims on the other hand and usually portrays a negative image of Muslims. With the help of different social media applications, programs, etc. obscenity and vulgarity have been shown by the Westerners which are clearly forbidden in Islam. So, in today’s world Muslim families are on the verge of social and cultural destruction and they need to know that how they can protect them and their future generations? To answer this vital question, Mawlᾱnᾱ Abū al-Hassan ‘Alī Nadwī’s philosophy, efforts and writings can act as sources of guidance and instruction for the Muslim world as to how Muslims can protect themselves from the wrongful Western influence and the menace the Western media is portraying against Muslims. He had a great concern regarding the Western influence over the Muslim world. In this article, Mawlᾱnᾱ Nadwī’s efforts regarding countering Western influence on the Muslim world are highlighted in detail.
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Porro, Noemi M., Joaquim Shiraishi, and Roberto Porro. "Traditional Communities as "Subjects of Rights" and the Commoditization of Knowledge in Brazil." International Indigenous Policy Journal 6, no. 2 (May 11, 2015). http://dx.doi.org/10.18584/iipj.2015.6.2.8.

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The International Labor Organization (ILO) Convention 169 and the Convention of Biological Diversity (CBD) led signatory state-members to recognize traditional communities as subjects of rights, and no longer as objects of tutelage. However, their implementation may bring new challenges in states adopting market-based decision-making to rule social life. In pluri-ethnic societies in which power differentials are structurally embedded, traditional communities and companies exploring their resources and knowledge have been, historically, unequal and opposed parties. In processes of benefit sharing, these unequal social actors are wrongfully considered equally free subjects of rights in negotiating contracts in supposedly free markets. Erasing historical and structural differences, and assuming equality in an unequal world will only reproduce the inequality that CBD has aimed to address.
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Patti-Signorelli, Anna, and José Javier Romero-Díaz de la Guardia. "CHAPTER 4: The biopsychosocial model and what it means for understanding inclusion in education - Brahm Norwich Introduction This chapter focuses on two specific pieces of Paul Cooper’s writing from 19 and 15 years ago respectively, namely his ideas about the biopsychosocial model and how he developed and used this perspective in unique ways to expand our thinking about inclusion and inclusive education. I believe this will give me the opportunity to show the detail of his analyses and way he engaged in the key debates going on in the field. It will also enable me to show the continuing relevance /of the arguments he voiced to current issues and concerns. Paul’s intellectual approach has been to oppose what he sees as false oppositions or dichotomies and this is something I have learned from and shared with him. The biopsychosocial model was for him a way to combine and bring together a more complex synthesis not just as an intellectual exercise, but as critical to enhancing educational practice, especially for those with disability and difficulties. A critical discussion of education, ADHD and the biopsychosocial (BPS) perspective Paul Cooper’s paper on the biopsychosocial perspective (Cooper, 2008) focuses on ADHD to propose a BPS model or what is called here a ‘paradigm’ as a way forward to address controversies amongst educationalists. Its argument had and continues to have much wider significance for the field of special educational needs and inclusive education. The main point in the paper was to show how the polarity between biological and social explanations for learning and behaviour problems had become redundant and unhelpful. ADHD it was stated was influenced by both biology and the social environment and indeed was ‘socially constructed’. But, this notion of social construction was not like the one adopted by the social model advocates referenced in the paper and still widely used in the 2020s. Shakespeare (2018, p. 68), for example, refers to the social model of disability as ‘the idea that people are disabled by society, rather than by their bodies’. What motivated Paul was the negativity towards the ADHD concept based on what he saw as: ‘outdated thinking and a lack of understanding of the diagnosis and the biopsychosocial paradigm through which it can be usefully understood’ (p. 457). Before examining the arguments about a social or a BPS model of ADHD, it worth exploring the usage of the terms in these models in written publications generally and in relation to academic research publications in education. Using the google ngram viewer system shows that the phrase ’social model of disability’ is used 114 times more in those texts covered within the google system than the phrase ‘biopsychosocial model of disability’ published in 2019. In addition, references to the phrase ‘social model of disability; increased 2.6 times from 2000 to 2019. By contrast, the use of the phrase ‘biopsychosocial model of disability’ increased more rapidly by 9.3 times, over the same period. Though this analysis is confined to those ngram accessed books in English, it does show that the ‘social model’ was used in this corpus considerably more than the ‘BPS model’. This is so even when the ‘BPS model’ had a greater increase in usage compared to the ‘social model’ over this almost two decade period. This picture is repeated when examining research literature references in education using the Education Research Complete database (ERC). In a search for literature with the terms ‘inclusive education or inclusion or mainstreaming or integration’ and either ‘biopsychosocial model’ or ‘social model’, it was found that there were 13 times as many references for social model than BPS model. It is clear from these analyses that Paul Cooper’s position has not been widely adopted since the 2000s and into the late 2010s, despite the international interest in the WHO International Classification of Functioning (ICF), which adopts a BPS model of disability (Hollenweger, 2012). My argument here is that this does not detract from the value and importance of the arguments in his paper. I am not going into the details of the case for the usefulness and risks in the use of medical classification systems that include ADHD as the most prevalent of childhood behaviour disorders. Cooper’s 2008 paper does this, and no doubt since then the current state of knowledge about ADHD has changed. What I will focus on is the argument made by Paul Cooper about the involvement of biological processes in functioning that comes to be identified as ADHD. Here he considered evidence for there being a problem in the response inhibition system, involving neuropsychological executive functioning mechanisms implicating physiological processes in the frontal lobes of the brain. In addition, he also implicates the genetic studies that have shown a much greater incidence of ADHD among identical than non-identical twins and among children who are biologically related as opposed to adopted. What he resists is the polarising between recognising these biological processes on human behaviour and the social processes; the either – or in favour of the both – and perspective. This is a central point in the commentary I am making of Paul Cooper’s positions and one which will be made too in relation to his ideas about inclusion in education below. The BPS model he is advocating rejects a biological determinism and represents biological factors as being mediated by psychosocial processes; the biological is subjected to social construction at various social and psychological levels. See Figure 4.1 which represents this kind of BPS model. In this respect the BPS model he advocates has strong links to Bronfenbrenner’s bio-ecological model (Bronfenbrenner and Morris, 2006). It is notable that many references to Bronfenbrenner’s ecological model have tended to also split the biological from the psycho-social (Tudge et al., 2009). Figure 4.1 Factors in interaction in the bio-psycho-social model of ADHD Critical reactions to ADHD have involved the dismissal of ADHD by some as a medical construct that individualises educational failure and disruptive behaviour. Part of the aversion to ADHD has been its use to legitimise the practice of using drugs as a form of social control of defiant children. Some argued this approach represented wrong-headed pseudo-science. The argument which Paul Cooper focussed on was the assertion that this individualised these problems, distract from how schools and teachers were involved in these problems, and so absolve them of responsibility to provide relevant opportunities for these groups. He countered this argument by claiming that the BPS model recognises that schools are a major setting through which institutional control and pedagogical practices contribute to the construction of ADHD. In his argument for a more complex BPS model, he countered the arguments of authors like Slee (1995) who were critical of what they portrayed as: ‘The monism of locating the nature of [classroom] disruption in the neurological infrastructure of the child is myopic and convenient’ (Slee, 1995, p. 74). Slee has continued this critical line of argument with his more recent views about the language of special educational needs in referring to: ‘the saturation of our discourse and thinking with the quasi-medical posturing of special educational needs. The conceptual foundations and usage of terms like special educational needs passes without a second thought’ (Slee, 2018; p. 78). Paul Cooper’s thorough response to four challenges from the critical perspective continue to be very relevant to the current circumstances. Firstly, it has been claimed that the ADHD diagnosis is somehow bogus or ‘illicit’ because there is an absence of neuro-scientific evidence. In this article he illustrates how this is ‘patently untrue’ (p. 463). Secondly, ADHD is sometimes claimed to be an example of biological determinism, a claim which expresses a fear of determinism and its associated denial of human agency. Here he has sympathy with this fear but shows how this is not well founded as regards developmental opportunities, given the interaction between biological inheritance and environmental factors in the development of behavioural difficulties. Paul Cooper argued that not only were there several biological pathways implicated in the development of ADHD, but that ADHD is not biologically determined in the simplistic sense suggested by some; see the Slee quote above. He turns the argument by ADHD critics about ADHD diverting attention from school factors against their position. He suggests that portraying ADHD as an example of biological determinism, itself diverts attention from converting a biopsychosocial account of ADHD into pedagogical and other interventions. By knowing more about the biological, psychological and social factors in ADHD enables us, he argued, to avoid aggravating experienced difficulties and promoting educational engagement. The third challenge he addressed was that an ADHD ‘diagnosis’ rests on value-laden, culturally-specific judgements about behavioural or cognitive norms. Here Paul Cooper adopts a perspective, not often found in debates about behaviour difficulties and school education norms. He recognised that children who are biologically predisposed to develop ADHD can be at a disadvantage by culturally based assumptions about appropriate school and classroom behaviour. But, this, he argues, does not reflect on the clinicians who identify ADHD, but reflects on the weaknesses of, what he called, ‘Western mass education’. This issue is about whether to change the educational environment to accommodate the student or to change the student to enable him or her to engage with an unchanging environment. As Paul Cooper recognised the attempt is often made to combine environmental and individual changes. He suggested that using medication can be seen as the failure of the school to make changes that enable the student with ADHD to engage effectively. The implications for those wanting to make schools more inclusive is to learn the lesson that ADHD teaches about shaping the educational environment to improve learning opportunities. In discussing how he approached this challenge, it is also notable that some psychologists have adopted more recently a BPS model of ADHD and supplemented the social aspects with a focus on the cultural aspects that relate to the mental health needs of culturally and linguistically diverse children and young people (Pham, 2015). The fourth challenge Paul Cooper responded to was that accepting an ADHD diagnosis ‘legitimise[s] the practice of drugging defiant children into docility’ (Skidmore, 2004, p. 4). To this he points out that informed opinion does not consider medication for ADHD as an essential treatment, and that whatever is decided is to be in the context of a multi-modal treatment programme that includes psychosocial and educational interventions. In his paper he refers to the UK guidance from 2000 and this is still the current guidelines (NICE, 2018). How parents participate in intervention selection is also illustrated in Pham (2015). The linked and final challenge he dealt with was that ADHD represents the wrongful medicalisation of defiance in school children. Here Paul Cooper questioned the link between defiance and the functional issues associated with ADHD. He suggested that defiance is better considered as a cognitive distortion affecting social engagement rather than a deficit in executive functioning associated with ADHD. So, not complying with parent wishes is seen as non-volitional and not to be confused with defiance. For him what was concerning was the ‘high moral tone’ (p. 470) which concealed limited understanding about ADHD that he believed could be dangerous. A crucial difference between the social and BPS models In defending the BPS model from critical arguments, Paul Cooper did not examine the ideological or value basis for the knowledge claims in these debates. From a critical perspective, it has been suggested by Slee & Weiner (2001) that it is possible to identify two groups of researchers, which they characterise in these terms, namely those who work within, what they call the ‘positivist paradigm’, accept the way things are, attempt to make marginal reforms and who criticise ‘full inclusion’ as ideological; and those who see inclusive education as cultural politics and call for educational reconstruction. This distinction between a positivist / technical versus cultural political position can be aligned with one between an investigatory versus an emancipatory perspective to research about disability (Oliver, 1999). Oliver frames the research-as-investigation as the dominant form of social research which is unacceptable to oppressed groups, such as those with disabilities, who aim to collectively empower themselves. In this perspective the social model of disability expresses the emancipatory stance which is pursued through cultural politics. This contrasts with a technical – interventionist perspective that derives from what Slee and Weiner (2001) call a ‘positivist paradigm’ and is associated with what is called a medical or a bio-medical model. It can be seen that this dichotomy between research stances embraces the splitting which Paul Cooper argued against. Figure 4.2 below represents these distinct research stances as adopting emancipatory or investigatory values, while showing their main focus and linked assumptions. With emancipatory values the main focus is on reducing the oppression of the vulnerable with this being done through collective socio-political action and in doing so entailing a causal assumption that it is the dominant social system that oppresses. With investigatory values, the main focus is on identifying complex causal models of a phenomenon and in doing so assumes that this knowledge can be used for subsequent improvement interventions. Figure 4.2 Value bases underlying different research stances One of the main arguments in this chapter is that there are links and common elements to these two basic value positions, so raising questions about the split and opposition between them. Both connect knowledge with action for social change, on one hand, and both assume some causal processes, on the other. The difference is in the assumptions of their main focus. Identifying complex causal processes (e.g. that includes social processes as part of a BPS perspective) is the primary focus of the investigatory stance, while change depends on applying this knowledge in interventions. This stance represents an outsider-spectator-intervenor perspective. By contrast, reducing the oppression of the vulnerable is the primary focus of the emancipatory stance, with this being through collective political and social action. This stance represents an insider-participator perspective. So, while distinct, there are connections to be recognised between them which can help to understand what the social stands for in these two models. The social in the social model stands for where change is to be focussed; in the socio-political arena. The social, by contrast, in the BPS model stands for the social factors that need to be understood in their interaction with bio-psychological causal factors. Making use of the distinction between insider-outsider role perspectives enables us to see how these different value stances can be connected and not seen as opposites to select between. As Paul Cooper argued in his 2008 paper, informed opinion does not consider medication for ADHD as an essential treatment / intervention; the BPS model implies multi-modal methods including psychosocial and educational interventions (NICE, 2018). Intervention / treatment acceptability is also an important consideration when considering individual children with identified ADHD from a BPS perspective, as illustrated in Pham’s (2015) case study. This implies that parents and young people will participate in action decisions, which gives them an insider role. However, the social model goes beyond insider participation at the individual level, to involve collective participation at institutional and societal levels too. This is where the BPS model could be open to insider participation beyond the individual level, to see the value of institutional and societal participation too. And, as the BPS can be open to the collective action of the social model, so the social model can be open to the outsider perspective’s recognition of multi-level causal processes (including the bio-psychological levels) and their associated interventions. Inclusion as a buzz-word In this 2008 paper Paul Cooper suggested that the use of insights from the BPS model in developing educational provision is likely to lead to a more genuinely inclusive education system. This was written after an earlier editorial he wrote in the journal Emotional and Behavioural Difficulties in 2004 (Cooper, 2004). Here he pointed to the overuse and misuse of the word inclusion, suggesting that it will lose its meaning and that the purposes for which it was coined will become neglected. One way of challenging this misuse, he mentioned, was to be vigilant about how it is used and to call for greater clarity. In this editorial he stated that social inclusion is about active participation and engagement with other people. With inclusive education, he continued, it is not just about social inclusion, but an individual’s active engagement in formal learning processes. Here Paul Cooper goes beyond common ideas about inclusion which are defined in terms of social and academic participation (as in the Inclusion Index; Booth and Ainscow, 2011), by clarifying that it is also about academic and social engagement. From this it was clear that inclusion was more than both location / placement and social interaction with other people; it was also about personal engagement with others and with formal learning. Paul Cooper was not alone in linking engagement with inclusion, he shared this with Mary Warnock, the chair of the Warnock Committee which in 1978 set out new policies about the education of children and young people with disabilities and difficulties (Warnock, 2005). In her 2005 policy paper she rejected the idea of educational inclusion as about ‘all children under the same roof’. She preferred a learning concept of inclusion, which was about: ‘including all children in the common educational enterprise of learning, wherever they learn best’ (Warnock, 2005). Though she does not use the term ‘engagement’ as such, her notion of learning where done best connects with ‘engagement’ and prioritises this over placement, a view which was also adopted later by Paul for the area of education of children and young people with social, emotional and behaviour difficulties (Cooper and Jacobs, 2011). Paul Cooper drew on the psychological ideas of Marjorie Boxall in the Boxall Profile (Bennathan and Boxall, 2003) to connect Inclusion with engagement, as he mentioned in his 2004 editorial. For him engagement was at the heart of educational inclusion from a cognitive perspective. He adopted the five subskills of what the Boxall Profile termed ‘the organization of experience’: whether the child gives purposeful attention, participates constructively, connects up experiences, shows insightful involvement and engages cognitively with peers. Within this framework he recognised that children with social, emotional and behavioural difficulties (SEBD) can have problems with some or all of these skills. So, it can be argued that the child who experiences SEBD is socially, emotionally and cognitively excluded from what is going in class lessons; with SEBD being framed as a barrier to inclusion. This concept of a barrier is very different to that proposed from a social model perspective as in the Inclusion Index (Booth and Ainscow, 2011), in which barriers are only external to the person. But, Paul Cooper does not draw the conclusion that children with SEBD can never be ‘included’. Here he makes the distinction between inclusion-as-location and inclusion-as-engagement, with the implication that in some cases when there is not mainstream class inclusion this does not mean there cannot be some engagement inclusion. He also reminded us that inclusion is such that nobody is ever fully included in any situation all the time. In this sense his ideas resemble Qvortrup and Qvortrup’s (2018) argument that inclusion and exclusion are connected through peoples’ simultaneous involvement in different social arenas. With social interactions involving negotiations in all situations, Paul Cooper argued that any episode can result in tensions and the rejection of the people involved . This is a feature of our lives and in this respect the child experiencing SEBD is no different from others. However, he pointed out that the child or young person with a SEBD is at greater risk of rejection or exclusion, which may be attributed to individual characteristics in interaction with social circumstances (in line with a BPS model). Using this notion of engagement, he also approached the questions of teaching children and young people with SEBD in terms of the BPS model. In avoiding a focus just on problems located in the student, he adopted an interactionist perspective that combined specialist teaching knowledge about individual differences with teachers’ practical thinking about decision-making that led to adapted teaching (Cooper, 2004). He reviewed in this 2004 chapter and in his later 2008 paper discussed above, the various teaching strategies that research had shown to promote further engagement for children with ADHD. It is useful here to compare his engagement perspective to a well-known ‘Inclusive Pedagogy (IP) framework for participation in classrooms’ developed by Florian and Black-Hawkins (2011). This framework in covering access, collaboration, achievement and diversity aimed to extend what was typically available in the classroom community to all. It avoided having learning activities for most being alongside different activities for some who experience difficulties. It also proposed differentiation by pupil choice for everyone while rejecting ability grouping. This is an approach that required flexibility to be driven by need and not curriculum coverage, while seeing difficulties in learning as professional challenges rather than learner deficits. Though Paul Cooper’s perspective agreed with some elements of this inclusive pedagogy framework (e.g. flexibility and responding to learning difficulties as a challenge), his does not accept the either-or polarity at the core of the framework with the adoption of only one option: differentiation by choice v. by grouping and only opting for the former, or seeing learning difficulties as a professional challenge v. learner deficits and opting only for the challenge option). This IP framework reflects the medical v social model polarity that he argued against while favouring a BPS model. Based on his approach of seeing social and academic engagement as being at the heart of educational and social inclusion, he believed that it followed that: ‘students are best placed in educational settings where they have access to and support for maximum social and academic engagement’. (Cooper, 2004, p. 222). In his view, this meant that there was no simple way to decide about the provision setting. For some pupils this meant access to various forms of provision, but always a detailed analysis of individual capabilities and needs as well as what provision affords should determine the decisions. Conclusion This chapter has focussed on two of Paul Cooper’s papers in which he explained and justified his ideas about the biopsychosocial model and how he developed and used this perspective in unique ways to expand our thinking about inclusion and inclusive education. Through relating and contrasting these with other contemporary and current ideas I hope to have shown his distinctive and insightful contribution. I have also tried to extend his adoption of a both-and rather than an either-or approach by discussing the epistemological and value bases of different models, on one hand, and how difference and distinction does not imply irreconcilable opposition between the key models in the field. References: Bennathan, M. & Boxall, M. (2003) The Boxall Profile. East Sutton: SEBDA. Booth, T. and Ainscow, M. (2011) Index for Inclusion: developing learning and participation in schools. 3rd ed. Bristol: CSIE. Bronfenbrenner, U., and Morris, P. (2006) The bioecological model of human development. In W. Damon & R. M. Lerner (Eds.), Handbook of child psychology: Vol. 1. Theoretical models of human development (6th ed., pp. 793–828). Hoboken, NJ: Wiley. Cooper, P. (2004) Is ‘inclusion’ just a buzz-word?, Emotional and Behavioural Difficulties, 9:4, 219-222, DOI: 10.1177/1363275204051391 Cooper, P. (2004) ‘AD/HD’, in A. Lewis & B. Norwich (eds) Special Teaching for Special Children? Pedagogies for Inclusion. Buckingham: Open University Press. Cooper, P. (2008) Like Alligators Bobbing for Poodles? A Critical Discussion of Education, ADHD and the Biopsychosocial Perspective. Journal of Philosophy of Education, 42, 3-4, 457-474. Cooper, P. and Jacobs, B. (2011) From Inclusion to Engagement: Helping Students Engage with Schooling Through Policy and Practice. London: Wiley. Florian, L. and Black-Hawkins, K. (2011) Exploring inclusive pedagogy, British Educational Research Journal, 37, 5, pp. 813-828. Hollenweger, J. (2012) Using the International Classification of Functioning, Disability and health Children and Youth version in education systems. American Journal of Physical Medicine and Rehabilitation, 91, 13, pp. 97-102. NICE (2018) Attention deficit hyperactivity disorder: diagnosis and management NICE guidelines. Published: 14 March 2018. Access on 23.5.23 www.nice.org.uk/guidance/ng87 Oliver, M. (1999) Final accounts and the parasite people. in Corker, M. and French, S. (eds.) Disability discourse. (eds.) Maidenhead: Open University Press. Pham, A.V. (2015) Understanding ADHD from a Biopsychosocial-Cultural Framework: A Case Study. Contemporary School Psychology, 19:54–62. Qvortrup, A. and Qvortrup, L. (2018). Inclusion: Dimensions of inclusion in education. International Journal of Inclusive Education, 22(7), 803-817. Shakespeare, T. (2018) Disability: the basics. London: Routledge. Skidmore, D. (2004) Inclusion. Buckingham,: Open University Press. Slee, R. (1995) Changing Theories and Practices of Discipline. London, Falmer. Slee, R. and Weiner, G. (2001). Education Reform and Reconstruction as a Challenge to Research Genres: Reconsidering School Effectiveness Research and Inclusive Schooling. School Effectiveness and School Improvement, 12:1, 83-98, DOI: 10.1076/sesi.12.1.83.3463 Slee, R. (2018) Inclusive Education isn’t Dead, it Just Smells Funny. London: Routledge. Tudge, J.R.H., Mokrova, I., Hatfield, B.E. and Karnik, R.B. (2009) Uses and Misuses of Bronfenbrenner’s Bioecological Theory of Human Development. Journal of Family Theory & Review, 1, 198–210. Warnock, M. (2005) Special Educational Needs: A New Look. London: Philosophy of Education Society of Great Britain, Impact Series No. 11." International Journal of Emotional Education 15, no. 2 (November 2023). http://dx.doi.org/10.56300/esja4186.

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The present study aimed to determine the emotional characteristics of the Trait-Meta-Mood-Scale (TMMS-24) in music-oriented secondary school students in Italy. A 24-item self-assessment protocol was applied to measure the level of perceived emotional intelligence according to 3 dimensions: attention, clarity and repair. This tool represents one of the most widely used self-assessment measures of perceived emotional intelligence. The objective of the study was to conduct construct validation to examine reliability of the Italian version of the TMMS-24 in order to identify its feasibility for the assessment of emotional intelligence. Exploratory and confirmatory factorial analyses were conducted on a sample of music-oriented secondary school students in Italy (n=402). Exploratory factor analysis outcomes revealed that the three dimensions of the original scale (attention, clarity and emotional repair) are supported in the examined context, showing adequate internal consistency and describing 52.6% of overall variance. Outcomes were confirmed via confirmatory analysis, obtaining good fit indices (CFI=0.986; TLI=0.985; RMSEA=0.038). The TMMS-24 scale is a valid and reliable instrument for measuring the emotional intelligence of secondary school students in Italy. Keywords: TMMS-24, emotional intelligence, secondary school education, exploratory factor analysis, confirmatory factor analysis.
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