Law and Policy on Mandatory Key Disclosure - A case Study of UK Regulation of Investigatory Powers Act 2000

2021 ◽  
Vol 13 (2) ◽  
pp. 147-176
Author(s):  
Han-Kyun Kim
Keyword(s):  
Law And Policy

scholarly journals Losing sight of women's rights: the unregulated introduction of gender self-identification as a case study of policy capture in Scotland

2019 ◽  
Vol 28 (3) ◽  
pp. 262-289 ◽  
Author(s):  
Kath Murray ◽  
Lucy Hunter Blackburn
Keyword(s):  
Gender Identity ◽  
Policy Development ◽  
Due Process ◽  
Public Consultation ◽  
Sex And Gender ◽  
Law And Policy ◽  
And Gender ◽  
Intense Debate ◽  
Roll Out

Within the last two years, respective proposals by the Scottish and UK Governments to reform the Gender Recognition Act 2004 (GRA) to allow people to change their legal sex based only on making a legally-registered self-declaration have sparked an intense debate on how sex and gender identity should be defined in law and policy. This paper examines how gender self-identification had in fact become a feature of Scottish policy-making and practice, long before public consultation on GRA reform began. The analysis is structured as two case-studies that examine firstly, policy development on the census in relation to the ‘sex’ question, and second, Scottish Prison Service policy on transgender prisoners. The analysis shows that the unregulated roll-out of gender self-identification in Scotland has taken place with weak or non-existent scrutiny and a lack of due process, and that this relates to a process of policy capture, whereby decision-making on sex and gender identity issues has been directed towards the interests of a specific interest group, without due regard for other affected groups or the wider population. The paper raises questions about the adequacy of institutional safeguards against well-organised and highly purposeful lobbying, particularly where any groups detrimentally affected do not have effective representation.

scholarly journals Municipal surveillance regulation and algorithmic accountability

2019 ◽  
Vol 6 (2) ◽  
pp. 205395171986849 ◽  
Author(s):  
Meg Young ◽  
Michael Katell ◽  
P. M. Krafft
Keyword(s):  
Assessment Tools ◽  
Government Employees ◽  
Primary Case ◽  
Law And Policy ◽  
Recent Scholarship ◽  
Community Stakeholders ◽  
Risk Assessment Tools ◽  
Algorithmic Accountability ◽  
Types Of Information

A wave of recent scholarship has warned about the potential for discriminatory harms of algorithmic systems, spurring an interest in algorithmic accountability and regulation. Meanwhile, parallel concerns about surveillance practices have already led to multiple successful regulatory efforts of surveillance technologies—many of which have algorithmic components. Here, we examine municipal surveillance regulation as offering lessons for algorithmic oversight. Taking the 2017 Seattle Surveillance Ordinance as our primary case study and surveying efforts across five other cities, we describe the features of existing surveillance regulation; including procedures for describing surveillance technologies in detail, requirements for public engagement, and processes for establishing acceptable uses. Although the Seattle Surveillance Ordinance was not intended to address algorithmic accountability, we find these considerations to be relevant to the law’s aim of surfacing disparate impacts of systems in use. We also find that in notable cases government employees did not identify regulated algorithmic surveillance technologies as reliant on algorithmic or machine learning systems, highlighting definitional gaps that could hinder future efforts toward algorithmic regulation. We argue that (i) finer-grained distinctions between types of information systems in the language of law and policy, and (ii) risk assessment tools integrated into their implementation would strengthen future regulatory efforts by rendering underlying algorithmic components more legible and accountable to political and community stakeholders.

scholarly journals The Evolution of Sustainable Development in Scotland—A Case Study of Community Right-to-Buy Law and Policy 2003–2018

2018 ◽  
Vol 11 (1) ◽  
pp. 130
Author(s):  
Andrea Ross
Keyword(s):  
Sustainable Development ◽  
Development Policy ◽  
Land Reform ◽  
Primary Objective ◽  
Reform Policy ◽  
The Public ◽  
Law And Policy ◽  
Laws And Policies ◽  
Right To Buy

Effective ownership, management and access to land are central for sustainable development and can impact significantly on the opportunities for local enterprise. In 1998, Scotland’s Land Reform Policy Group concluded that ‘Land reform is needed on the grounds of fairness and to secure the public good’ Consequently, Scotland has introduced various schemes that facilitate or compel the transfer of land from an existing landowner to a community body. Sustainable development is a primary objective of all these regimes making them exceptional both in UK and global terms and worthy of in depth examination. This article critically explores how the laws and policies relating to sustainable development within these community right-to-buy regimes have matured and evolved from their introduction in 2003 to the present. It reveals the beginning of a fourth era in sustainable development policy in Scotland which moves away from a single ‘one size fits all’ approach to one where both sustainable development itself and wider sustainable development equations are tailored to land-use in Scotland and to the needs of each of the different community right-to-buy regimes. These developments evidence a significant maturity in the implementation and delivery of sustainable development in Scotland.

The Law and Policy of Toxic Substances Control: A Case Study of Vinyl Chloride

1980 ◽  
Vol 46 (4) ◽  
pp. 1284
Author(s):  
Duane Windsor ◽  
David D. Doniger
Keyword(s):  
Vinyl Chloride ◽  
Toxic Substances ◽  
Law And Policy ◽  
The Law

Bingo Capitalism

2019 ◽  
Author(s):  
Kate Bedford
Keyword(s):  
Mutual Aid ◽  
Diverse Economies ◽  
Law And Policy ◽  
Role Of The State ◽  
Gambling Law ◽  
History Of ◽  
Historical Role ◽  
Political Economic

Bingo Capitalism uses bingo—a female-dominated and notoriously self-effacing game—to think differently about regulation and political economy. A key objective is to make bingo, as lens, more central to our debates about the regulation of economy and society. Part I sets the scene, responding to the query: why bingo? Part II explores the legal and political history of bingo. Part III analyses the regulation of people, while Part IV examines the regulation of products, places, and technologies. In so doing, the book uses bingo to better understand the role of the state in shaping the classed and gendered interrelation between diverse economies, especially in relation to non-commercial and commercial gambling. Bingo Capitalism offers the first sociolegal account of bingo as a globally significant and immensely popular pastime, centring implementation experiences alongside the broader political, economic, and social context to legislative reform. While considering the perspectives of lawmakers, who have debated what the game reflects about the nation and its economy, the book also centres the experiences of those who work in, and play, bingo, to trace how gambling law and regulation impact people in everyday life. The book identifies the central historical role of non-commercial, mutual aid play to UK gambling law and policy, and traces the ongoing relevance of this realm for current debates about the interrelation between capitalist and more-than-capitalist everyday economies. Bingo Capitalism also uses bingo as a case study of research into the gendered nature of regulation, showing how gender shapes, and is shaped by, diverse state rules on gambling.

scholarly journals Innovation Law and Policy and Business Model

2021 ◽  
Vol 9 (6) ◽  
pp. 242-255
Author(s):  
Sônia Marise Salles Carvalho ◽  
Elzo Alves Aranha
Keyword(s):  
Business Model ◽  
Supply And Demand ◽  
Education Institution ◽  
Public University ◽  
Academic Literature ◽  
Law And Policy ◽  
Strategic Leaders ◽  
Key Aspects ◽  
Practical Implications

The objective of the research is twofold: a) to explore the law innovation and policy (ILP) in connection with the business model (BM) seeking to identify the main elements; b) to structure a set of key aspects based on the elements identified in the connections between ILP and BM. Next, we intend to apply the key aspects proposed in a Brazilian federal public university. The research is exploratory, qualitative, based on a case study. The findingss obtained point to six key aspects: value as a unit of analysis, value segment, systemic perspective, alignment among dimensions, balance between supply and demand and new configuration pattern. The findings obtained are innovative and contribute to fill the gap in the academic literature of ILP and BM. The findings have three practical implications, for strategic leaders of higher education institution (HEI), coordinators and professors of HEI and the federal government.

scholarly journals Sex and Gender Equality Law and Policy: A Response to Murray, Hunter Blackburn and Mackenzie

2020 ◽  
pp. 1-20
Author(s):  
Sharon Cowan ◽  
Harry Josephine Giles ◽  
Rebecca Hewer ◽  
Becky Kaufmann ◽  
Meryl Kenny ◽  
...  
Keyword(s):  
Legal Status ◽  
Social Issues ◽  
Sex And Gender ◽  
Law And Policy ◽  
Trans Women ◽  
And Gender ◽  
The Uk ◽  
Policy Shifts ◽  
Status Of Women

This article is a response to ‘Losing Sight of Women's Rights: The Unregulated Introduction of Gender Self-Identification as a Case Study of Policy Capture in Scotland’ by Kath Murray, Lucy Hunter Blackburn and Lisa MacKenzie, published in Scottish Affairs 28(3). Murray et al. sought to explore the legal status of women, particularly with regard to discrimination legislation, and concluded that the interests of trans women had begun to systematically erode the interests of non-trans women in Scotland. In this response, we aim to correct some of the erroneous statements made by Murray et al. about legal definitions of sex and gender, and about discrimination law. In critically engaging with Murray et al..’s argument we aim to build a much-needed clearer understanding of law and policy on sex and gender in Scotland, particularly as it relates to the application of the Equality Act 2010. We argue that, in that claiming that there has been policy capture in Scotland, Murray et al.. have neglected to contextualise ongoing debates about sex and gender in law against the backdrop of over two decades of clear legal and policy shifts across the UK. We call for researchers and others – in Scotland and elsewhere – to take care, particularly in interpreting and applying the law, especially as it applies to marginalised minority populations, so that we do not further obfuscate or mislead on important legal and social issues.

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