Digital identity – The legal person?

This paper examines the concept of digital identity which the author asserts is now evident in the United Kingdom as a consequence of the Identity Cards Act (UK) 2006 and the National Identity Scheme it establishes. The nature and functions of the concept, particularly the set of information which constitutes an individual's transactional identity, are examined. The paper then considers the central question of who, or what, is the legal person in a transaction i.e. who or what enters into legal relations. The analysis presents some intriguing results which were almost certainly not envisaged by the legislature. The implications extend beyond the United Kingdom to similar schemes in other jurisdictions, and to countries, like Australia, which may implement such a scheme.     

European legal history – a new field of research in Germany

John Austin's essay, ‘A Note on Interpretation’, appears in his Lectures on Jurisprudence or the Philosophy of Positive Law.¹ At the end of the essay is a note by Austin's wife, Sarah. The note states that the conclusion of the essay is missing. In this paper I argue that the conclusion of the essay appears 363 pages earlier as a fragment following Lecture XXXVII.     

Internet of things – Need for a new legal environment?

The Internet of Things as an emerging global, Internet-based information service architecture facilitating the exchange of goods in global supply chain networks is developing on the technical basis of the present Domain Name System; drivers are private actors. Learning from the experiences with the “traditional” Internet governance it is important to tackle the relevant issues of a regulatory framework from the beginning; in particular, the implementation of an independently managed decentralized multiple-root system and the establishment of basic governance principles (such as transparency and accountability, legitimacy of institutional bodies, inclusion of civil society) are to be envisaged.     

The legal concept of personhood in Colombia: are there biological reasons to change it?]

Nowadays, as a consequence of scientific advances in embryology, genetics and assisted reproduction techniques, the scientific community ask for new laws to establish new parameters to use with these recent discoveries. Discoveries that have changed the legal concept of "person". In many countries this concept is absolutely useless when facing new techniques such as cloning, stem cell research and embryo storage. That is why it is necessary to change its definition to guarantee the right to life and give a better protection to human embryos.     

From the Airport to the Surgery to the Courtroom – Private International Law and Medical Tourism

When people wish to take legal action in relation to damage suffered due to medical procedures carried out overseas, they are faced with complex issues. First, in which country can they sue? Second, which country’s laws will govern the dispute? And third, where can a potential favourable judgment be enforced?

This article examines these private international law issues in the context of medical tourism. In doing so, particular emphasis is placed on investigating the private international law issues that would arise if an Australian citizen wanted to take action against a foreign provider of medical services, in relation to services rendered overseas.     

Charging children with child pornography – Using the legal system to handle the problem of “sexting”

No one would disagree that the purposes and aims of child pornography laws are legitimate and necessary. Recently, however, these laws, which have the ostensible aim of protecting children, are instead being used to punish children and dissuade the new phenomenon of “sexting” in the United States. “Sexting” refers to the use of mobile phones with built-in cameras to produce and distribute images of oneself in a sexually provocative or revealing position. The potential danger that this trend poses to minors is huge. Photographs produced by the use of “sexting” can be distributed to unintended third parties, often leading to embarrassment and harassment. Moreover, senders are also in danger of being charged with possession and distribution of child pornography, regardless of the fact that they are minors and the pictures are often of themselves. Not only is charging minors with child pornography a rather new phenomenon, it also appears to be a strategy that several states are adopting. This paper will look at the growing trend of charging minors who engage in “sexting” with child pornography charges by a case study of an actual prosecution, what the consequences of such a conviction entails in the United States, legislative responses, and an analysis of the appropriateness of using the legal system as a way of dealing with this problem.     

From sidaway to pearce and beyond: is the legal regulation of consent any better following a quarter of a century of judicial scrutiny?

In 1987, following a period of increasing judicial activity, Margaret Brazier published her insightful article on the legal regulation of consent: Patient autonomy and consent to treatment: the role of the law? In her article, she exposed the flaws in the law following the House of Lords case of Sidaway. She considered the strengths and weaknesses of the alternative standards of disclosure: the professional or Bolam standard, the reasonable patient standard, and the particular patient standard. After noting that all of these standards have their problems, she suggested that the best way forward was for a national law and ethics commission to explore the issues before revising the law by legislation. Almost a quarter of a century following her article, Professor Brazier's criticisms remain aposite. In this article, I explain her view of the law in 1987 and then I examine the current law through the lens of her article and conclude that her recommendations still have strength.     

From Calculated Cruelty to Casual Violence – The United Nations War Crimes Commission and the Prosecution of Torture and Ill-Treatment

The article looks at the records of both the United Nations War Crimes Commission (UNWCC) and national courts with respect to the post-World War II prosecution of the crimes of torture and ill-treatment. It illustrates how the UNWCC and national courts dealt with the relevant legal questions, applicable laws, crimes at hand, as well as issues of retroactivity and defenses. The article also discusses the UNWCC’s contribution to the development of relevant international law, both in terms of state practice and precedent. Finally, it acknowledges the legacy of the UNWCC and post-World War II prosecutions, which constituted a collaborative effort to bring perpetrators of international crimes to justice.     

Revisiting the legal standards that govern requests to sterilize profoundly incompetent children: in light of the "Ashley Treatment," is a new standard appropriate?

This Note discusses the recent controversy surrounding a six-year-old girl named Ashley, whose parents chose to purposefully stunt her growth and remove her reproductive organs for nonmedical reasons. A federal investigation determined that Ashley's rights had been violated because doctors performed the procedure, now referred to as the "Ashley Treatment," without first obtaining a court order. However, the investigation did not make any conclusions regarding whether the "Ashley Treatment" could present a legally permissible treatment option in the future. After discussing the constitutional rights that the "Ashley Treatment" implicates and the current legal standards in place, this Note examines how courts have applied these legal standards to cases involving extreme requests. Drawing upon legal commentators, this Note concludes that a court could approve a request for the "Ashley Treatment" in appropriate and limited cases where the parents have presented clear and convincing evidence before a court that the benefits that the "Ashley Treatment" would provide to the child and her family outweigh the risks associated with the procedure. This Note argues that those benefits may include extrinsic considerations, but courts should remain cautious when considering such evidence and be sure that the evidence as a whole supports their conclusions.