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2022 ◽  
pp. 088626052110629
Author(s):  
Susan Wright ◽  
Jessamyn Bowling ◽  
Sean McCabe ◽  
James Kevin Benson ◽  
Russell Stambaugh ◽  
...  

Background As behaviors, alternative sexual (alt-sex) (i.e., kink, bondage, discipline, dominance, submission, sadism, and masochism , consensual non-monogamy, swinging, leather, and fetish practices) practitioners often emphasize that consent and boundaries are key elements of alt-sex activities. Despite these emphases, individuals experience consent violations and sexual assault both prior to engaging and during their involvement in alt-sex activities. Purpose This study examines alt-sex practitioners’ sexual assault and nonconsensual experiences in order to highlight potential means of intervention and prevention, as well as inform clinical and legal professionals. Methods In collaboration with the National Coalition for Sexual Freedom, this study uses an international survey of adults in alt-sex communities ( N = 2996) to examine sexual assault and nonconsensual experiences both within and outside of alt-sex contexts. Results We found a lower rate of consent violations in the alt-sex community (26%) compared to sexual assault as an adult outside of alt-sex contexts (34%) and sexual assault as a minor (40%). We found significant differences by groups in sexual assault as a minor (gender, sexual orientation, age, and live in the US or not), sexual assault outside of alt-sex contexts (gender, sexual orientation, and age), nonconsensual experiences in alt-sex contexts (gender, sexual orientation, age, and race), receiving nonconsensual touch in alt-sex contexts (gender, sexual orientation, and age), giving nonconsensual touch in alt-sex contexts (sexual orientation, age, living in the US or not, and race), and being falsely accused of nonconsensual touching in alt-sex contexts (gender, age, and living in the US or not). Within the most recent consent violation, the most common behaviors were non-kink related, except for lack of aftercare. Nearly 40% of participants reported the reasons for their most recent consent violation in alt-sex contexts were being selfish or caught up in the moment. Implications Focused interventions are needed to address how different populations are experiencing assault and violations in alt-sex contexts.


Daedalus ◽  
2022 ◽  
Vol 151 (1) ◽  
pp. 135-152
Author(s):  
Nicole Gonzalez Van Cleve

Abstract Most theorists assume that the criminal courts are neutral arbiters of justice, protected by the Constitution, the rule of law, and court records. This essay challenges those assumptions and examines the courts as a place of punitive excess and the normalization of racial abuse and punishment. The essay explains the historic origins of these trends and examines how the categories of “hardened” and “marginal” defendants began to assume racialized meanings with the emergence of mass incarceration. This transformed the criminal courts into a type of public theater for racial degradation. These public performances or “racial degradation ceremonies” occur within the discretionary practices and cultural norms of mostly White courtroom professionals as they efficiently manage the disposition of cases in the everyday practice of law. I link these historical findings to a recent study of the largest unified criminal court system in the United States–Cook County, Chicago–and discuss court watching programs as an intervention for accountability and oversight of our courts and its legal professionals.


2021 ◽  
Author(s):  
Tien-Hsuan Wu ◽  
Ben Kao ◽  
Felix Chan ◽  
Anne SY Cheung ◽  
Michael MK Cheung ◽  
...  

Online legal document libraries, such as WorldLII, are indispensable tools for legal professionals to conduct legal research. We study how topic modeling techniques can be applied to such platforms to facilitate searching of court judgments. Specifically, we improve search effectiveness by matching judgments to queries at semantics level rather than at keyword level. Also, we design a system that summarizes a retrieved judgment by highlighting a small number of paragraphs that are semantically most relevant to the user query. This summary serves two purposes: (1) It explains to the user why the machine finds the retrieved judgment relevant to the user’s query, and (2) it helps the user quickly grasp the most salient points of the judgment, which significantly reduces the amount of time needed by the user to go through the returned search results. We further enhance our system by integrating domain knowledge provided by legal experts. The knowledge includes the features and aspects that are most important for a given category of judgments. Users can then view a judgement’s summary focusing on particular aspects only. We illustrate the effectiveness of our techniques with a user evaluation experiment on the HKLII platform. The results show that our methods are highly effective.


2021 ◽  
Author(s):  
Shubham Pandey ◽  
Ayan Chandra ◽  
Sudeshna Sarkar ◽  
Uday Shankar

The Indian court system generates huge amounts of data relating to administration, pleadings, litigant behaviour, and court decisions on a regular basis. But the existing Judiciary is incapable of managing these vast troves of data efficiently that causes delays and pendency of a large volume of cases in the courts. Some of these time-consuming tasks involve case briefing, examining the legal issues, facts, legal principles, observations, and other significant aspects submitted by the contending parties in the court. In other words, computational methods to understand the underlying structure of a case document will directly aid the lawyers to perform these tasks efficiently and improve the overall efficiency of the Justice delivery system. Application of Computational techniques (such as Natural Language Processing) can help to gather and sift through these vast troves of information, identify patterns, extract the document structure, draft documents and make the information available online. Traditionally lawyers are trained to examine cases using the Case Law Analysis approach for case briefing. In this article, the authors aim to establish the importance and relevance of the automated case analysis problem in the legal domain. They introduce a novel case analysis structure for the supreme court judgment documents and define twelve different case law labels that are used by legal professionals to identify the structure. Finally the authors propose a method for automated case analysis, which will directly aid the lawyers to prepare speedy and efficient case briefs and drastically reduce the time taken by them in litigation.


2021 ◽  
Vol 3 (6) ◽  
pp. 131-145
Author(s):  
Agarwal Harshita ◽  
Poulomi Sen

In the twenty-first century which is regarded as the dawn of the social media age, the disputants, as well as the legal professionals such as advocates and judges, embrace the information available at their disposal on several social media platforms. It has altered the conduct of arbitration by changing the way disputants communicate. Being the modern tool for communication, it has elevated the speed and dissemination of information, which allows audiences to follow the dispute and express their support or dissatisfaction towards the disputants. As a consequence, the parties seeking redressal of their grievances through ADR get influenced due to the formation of ‘unconscious bias’. Communication is the epitome of the dispute resolution process, and the intervention of social media in the process generates a ghost syndrome, thus, resulting in the fading of such epitome. Its impact is not restricted to the parties but has the potential to undermine the independence, integrity, and impartiality of the judge or the mediator. Social Media has become significant within the legal domain as technology penetrates all ambits of individual endeavors. Looking towards the positive contributions, it acts as a source of evidence, especially in employment and labor disputes. Transformations in communication technologies have altered the definition of power in international arbitration, the class of individuals participating in the process, and strategies employed to mediate the conflict. The paper intends to discuss the elite usage and manipulation of social media impacting ADR, the cases influenced by it, and the theoretical framework required for its conduct.


2021 ◽  
Vol 1 (1) ◽  
pp. 1-31
Author(s):  
Bruno Muniz ◽  
Luana Xavier Coelho

This work analyzes two class actions contesting the racial violence of Rio de Janeiro’s state police during operations in majority black neighborhoods, assessing both the narratives and social mobilization denouncing black genocide and the role of legal thinking in deviating or denying racism. The analysis of this case reveals that, on the one hand, spatial, racial and juridical structures - established by the racial colonial project and perpetuating in the legacy of racial slavery - create the conditions for genocidal acts to be produced as a long-lasting process. While on the other hand, legal knowledge sustains the “intent to destroy, in whole or in part” a specific group, which is fundamental to the crime of genocide. Considering that black genocide results from institutional racism, the conditions allowing it to happen are not just associated with intent. Black genocide is implemented through the normal functioning of justice institutions, as we discuss in the case study. In this context, black death is central to sustaining power relations, normalized by the use of racial stereotypes for the racialization of space, creating zones of dehumanization as criminality. Denialist discourses use this condition in perpetuity, to normalize genocide and extra-judicial killings. Nonetheless, the concept of institutional racism enables us to understand that genocide can also result from day-to-day decisions taken by politicians, legal professionals, and institutions.


2021 ◽  
Vol 12 (4) ◽  
Author(s):  
O Shkurat ◽  
◽  
L Gartsunova ◽  

Abstract. This article is devoted to the study of legal English and its main characteristics. Legal language is the language used by legal professionals in their professional activity. That fact that historically legal English developed separately from the plain English made it difficult for understanding by laypeople. People find the traditional legal writing in such documents as jury instructions, security disclosures, credit card agreements, apartment leases, cell phone contract, promissory note etc. Even native English speakers often complain that they cannot fully understand the documents written to give them information. The understanding of legal English has been a problem for centuries. It was the cause why the plain English movement arose in the 1970s. The purpose of the movement was to simplify the legal writing, make it simple and clear for average people. This problem arises not only for those people whose native language is English. Nonnative speakers also struggle with the complexity of English legal writing. Ukrainian legal professionals that engaged in the area of international, business or corporate law, have to draft documents in English. Sometimes that could be a real problem because unlike English and American legal schools, the majority of ours don't provide the separate course of English legal writing. The purpose of this article is to give practical advice to Ukrainian lawyers and interpreters, how, taking into account the peculiarities of legal English discourse, to draft documents in clear, simple and understandable way. Results of research. A lot of English and American scientists, lawyers as well as linguists, devoted their studies to the plain English movement. Analysis of their works shows that four major factors had influenced on the development of legal English: historical, sociological, political and jurisprudential. Owing to them legal English is full of words of foreign origin, archaisms, argots and terms of art. These factors also caused the frequent usage of formal words, common usage of common words with uncommon meaning, deliberate ambiguity in legal writing. The studies of legal writing by lawyers have focused basically on vocabulary. Linguists in their researchers have identified some other features: overly complex sentences, passives, nominalizations, multiple negations, archaisms and jargon, inappropriate document design. Described ways of simplifying legal English are quite easy to use. Taking into account tips mentioned in the article, legal professionals will be able to draft documents that will be clear and understandable for general public.


2021 ◽  
pp. 186-218
Author(s):  
Marie Seong-Hak Kim

This chapter discusses the operation of the early modern French monarchy from the perspectives of civil law and constitutional law. Exploration of the sale of offices at the nexus of the law of obligations and constitutional principles sheds important light on the state as enterprise. When venality is viewed as a royal commercial venture, the significance of extending the king’s dominion to private law becomes evident. The reformation of customs was carried out with the support of legal professionals who entered the royal bureaucracy by purchasing offices. The evolving relationship between judges and the crown over venality spurred Jean Bodin’s theory of royal sovereignty. A lawful government ruled by the sovereign with the established law became the crux of the new constitutional consciousness.


Author(s):  
Samuel Maireg Biresaw

Legal research is an indispensable skill for lawyers. Therefore, it is always necessary for lawyers to engage in legal research in due course of trying to alleviate various legal problems. Although the purpose and methodology of the research may vary from lawyer to lawyer, doing research is a common activity. As a result, the quest to assess the impacts of artificial intelligence (hereinafter ‘AI’) on legal research allows one to measure the influence of AI on the legal profession in general. Moreover, with the advent of Legal AI, it is now evident that the legal profession is not immune from disruption. According to the above, this article discusses the impacts of AI on research in the legal profession in general in accomplishing various lawyerly tasks by different legal professionals.


Author(s):  
S M Nazmuz Sakib

This venture targets giving a correspondence framework that can improve the legal framework execution and cooperation and furthermore make it simple to lead execution audits. This examination depicts restricted admittance to the right legitimate data just as admittance to courts and court administrations as the essential factors that limit admittance to equity. The basic target fundamental for accomplishing the point incorporates planning an online easy to understand data framework that would improve correspondence and association between legal professionals like legal advisors and disputants. The undertaking uses a subjective methodology that zeroed in on the substance investigation of essential information. Key members were court laborers like attorneys and agents, just as court clients like disputants. Pre-plan discoveries uncovered that current legitimate data frameworks – basically court sites – neglect to recognize their crowd by treating all court clients similarly comparative with the correspondence of lawful data. Likewise, the issue of admittance to equity includes the significant expense of equity also, restricted legal data that elevates admittance to equity. Post-plan discoveries from the online overview directed after the turn of events and execution of the IT curio uncovered a powerful and productive legitimate data framework. Exploration discoveries supported the advancement of an IT antiquity that records for huge shortcomings in current legal data frameworks, for example, their failure to pass on fitting legitimate data intelligently and productively. In outline, the investigation prescribes the reception of saw control to work fair and square of certainty of court clients and the differentiation between court clients to convey the right data to the right crowd.


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