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If law's foundational promise lies in the belief that it promotes the social good, then we need to reassess the limits of that promise. Exploring the often problematic translation of legal goods into social ones, the central claim is that the legal discipline has been limited by a “legal imperative” that manifests itself in an excessive focus upon law as a social tool and attitude of complacency in the face of law's limits. Seeking to displace this approach, the author argues for an attitudinal shift that expresses honesty about limits, greater social inquisitiveness and care about law's promise.

In April 1988, the National Reference Center for Bioethics Literature (NRC) (see sidebar) published “AIDS: Law, Ethics and Public Policy.” As part of the NRC's Scope Note Series, the paper offered a current overview of issues and viewpoints related to AIDS and ethics. Not meant to be a comprehensive review of all AIDS literature, it contained selected citations referring to facts, opinion, and legal precedents, as well as a discussion of different ethical aspects surrounding AIDS. Updating the earlier work, this bibliography provides ethical citations from literature published from 1988 to the present.

There has been a mounting interest in building information modelling (BIM) in the construction industry sector worldwide due to its perceived benefits. However, reliance on information technology is associated with risks. The purpose of this paper is to offer a better understanding of the emerging contractual and legal risks, which might influence the successful adoption of BIM, in order to facilitate the successful implementation of BIM in the construction industry.

The risks used in the study were documented from the literature, and primary data were collected by a questionnaire survey. The analysis of the results was driven by univariate and inferential statistics (Analysis of Variance) to identify the emerging contractual and legal risks.

The findings showed that there were little significant differences in the mean rating of the occurrence of contractual and legal risks between the respondents. The study confirmed that emerging risks are likely to be related to BIM documentations, intellectual rights and liability, missing data and misplaced assumptions among project stakeholders. The results showed that BIM success depends on close collaboration, at the outset of the project, with the client, designers, contractors and consultants.

The findings suggest that contract documents and contract agreements may need to be created in accordance with the identified risks, so that the questions of contractual and legal responsibilities are appropriately defined and allocated among the participants.

Important legal and contractual risks have been identified in the application of BIM. It renders a new understanding of the risks that might influence the successful adoption of BIM.

The purpose of this paper is to review the literature on Islamic finance vis-à-vis legal and Sharīʿah non-compliance risks in its transactions and judicial dispute resolution in Nigeria. This is with a view to putting forward direction for future studies on the duo of legal and Sharīʿah non-compliance risks and their impact in Islamic finance.

This review is designed as an exploratory study and qualitative methodology is used in examining relevant literature comprising of primary and secondary data while identifying legal risk and Sharīʿah non-compliance risks of Nigeria’s Islamic finance industry. Using the doctrinal approach together with content analysis, relevant Nigerian laws and judicial precedents applicable to Islamic finance practice and related publications were examined in determining the identified risks.

Undeveloped laws, the uncertainty of Sharīʿah governance and enforceability issues are identified as legal gaps for Islamic finance under the Nigerian legal system. The gaps are inimical to and undermine investor confidence in Nigeria’s Islamic finance industry. The review reveals the necessity of tailor-made Sharīʿah-based regulations in addition to corresponding governance and oversight for a legally safe and Sharīʿah-compliant Islamic finance practice. It brings to light the imperative for mitigating the legal and Sharīʿah non-compliance risks associated with Islamic finance operations as crucial for Islamic finance businesses, Islamic finance institutions and their sustainable development.

Based on content analysis, the review is wholly doctrinal and does not involve empirical data. Legal safety and Sharīʿah compliance are not to be compromised in Islamic finance operations. The review would assist relevant regulators and investors in Islamic financial enterprises to understand and determine the impact and potential ramifications of legal safety and Sharīʿah non-compliance on Islamic Finance Institutions.

This study provides an insight into the dimensions and ramifications of legal and Sharīʿah non-compliance risks of Nigeria’s Islamic finance industry. This study is premised on the imperative for research studies whose outcome would inform regulations that strike a balance between establishing Islamic financial institution/business and ensuring legal certainty and Sharīʿah compliance of their operations. This study paves way for this kind of research studies.

The findings and discussions provide a guide for regulators and researchers on the identification and mitigation of legal and Sharīʿah non-compliance risks in Islamic finance via a literature review. This study, the first of its kind in Nigeria, advances the idea that research into legal and Sharīʿah non-compliance risks of Islamic financial entities is key to mitigating the risks and fostering the entities and their businesses.

The links between moral communication and legal communication have long been studied in sociology of law. Little has yet been said about moral communication invoking when communication in the legal system is impossible, ineffective or uncertain. The paper fills this gap to demonstrate that systems theory-based sociology of law can effectively recognise the role of moral communication in such situations.

The paper presents an empirical study of moral communication in small and medium-sized enterprises (SMEs). It focused on situations when SMEs' interactions with function systems, particularly the legal system, result in irremovable legal uncertainty. The data depict strategies of managing such uncertainty and were obtained in a paths-to-justice survey of 7,292 owners and managers of SMEs and 101 in-depth interviews. The findings are interpreted using the author's concept of “uncertainty translation”, rooted in Luhmann's systems theory. It suggests that business organisations such as SMEs deal with the ubiquitous uncertainty in their operations by translating it into a convenient type.

The study distinguishes between formative and absorbing moral communication and finds that both types play a role in steering the uncertainty translation mechanism in SMEs. Six scenarios of invoking moral communication are identified in SMEs dealing with legal uncertainty. In such scenarios, moral communication facilitates the translation of business uncertainty “away from law”. Under some circumstances, this, in turn, leads to latent systematic results, reflexively affecting the legal system, the economic system and the SMEs.

In its core argument, the study is based on qualitative material. While it identifies empirical scenarios of invoking moral communication, it does not report the prevalence of these scenarios due to methodological limitations.

The study results pose questions related to the staple theoretical issue in post-Luhmannian social systems theory: functional differentiation. If moral communication–a type of communication not linked to any social system–can produce far-reaching, systematic results that affect function systems, then the functional differentiation thesis should be less pronounced than Luhmann typically stressed. This said, the paper argues that the contradiction between the findings and Luhmannian theory of morality is only apparent and may be reconciled.

The traditional and most common conception of cause lawyers has viewed them as necessarily oppositional to the state, leftist, and, at best, transgressive. This conception is significant to our analysis because of its tendency to treat “the state” as a rather singular arena of power – an “it” – rather than a multi-dimensional entity made up of competing institutions and personnel. Following work on the disaggregated and embedded state, we suggest that conflict and competition among state institutions and state personnel allow cause lawyers and state actors to engage in mutually-beneficial action in service of their agendas. Litigation has important benefits for both cause lawyers and state actors: within the arena of law, processes that usually require the backing of large constituencies in the context of majoritarian institutions require, instead, convincing legal arguments. We briefly present evidence from two highly disparate cases of similar processes of interaction among cause lawyers and state actors in Vermont and Israel, which we believe indicates that this type of interaction is far from idiosyncratic.

Introducing the concept of intra-social movement backlash this chapter explores the “legacy phase” of legal action focusing on conflicts and debates within a social movement that has mobilized. Using a legal mobilization framework attuned to the recursive relationship between rights, rights-claiming activities, and collective identity, the chapter analyzes the mixed legacies of movement strategic litigation. Empirically, the chapter offers two illustrative case studies of intra-movement backlash in the women's and the disability rights movements in Canada. The findings suggest that while this form of backlash can have negative, disempowering effects, it also offers opportunities to challenge hegemonic structures within a social movement and re-imagine collective identities.

The purpose of this paper is to investigate the legal issues of simultaneous Internet transmission of broadcasting programs of the Open University of Japan (OUJ) and to take legal measures to promote the mutual utilization of open university courses in Japan, the UK, China and Korea.

The author examines the legal relationship regarding Internet simultaneous distribution of broadcast courses at the OUJ. The author then considers the legal relationship between the UK, China and South Korea regarding the simultaneous transmission of broadcast courses over the internet. Based on that consideration, this paper clarifies legal measures to promote its utilization.

Internet transmission of broadcasting courses will be webcasting. Arguably, it can be assumed to be streaming and on-demand, albeit controversial. Webcasting will be publicly transmitted, but there is only an on-demand provision for Internet transmission. As webcasting is streaming and on-demand, it involves reproduction of broadcasting courses. Therefore, webcasting needs to provide streaming provision for public transmission rights and associate them with reproduction right.

The originality of this paper lies in clarifying the legal response of the object, subject and rights of webcasting from the perspective of the OUJ, in order to dispel legal problems that may arise in the future against this unexplored phenomenon. Additionally, this paper is valuable in that it presents legal consistency from the point of view of the comparative laws of Japan, the UK, China and South Korea, based on an examination of the legal response in Japan.

This is the second part of a two‐part paper on the future of electronic payments. Part 1, which was published in the last issue of this journal, examined the various electronic forms of payment that are likely to emerge in the future, and considered some of the main technological and economic factors that will shape this evolution. This second part focuses on major regulatory and institutional issues that will influence the wider acceptance of electronic payment.

Macedonian municipalities should pass anti‐corruption ordinances in order to reduce corruption. The purpose of this paper is to review the legal issues involved in drafting such ordinances and provide legal advisors to local councils with the legal and economic analysis needed to tackle some of the more difficult and detailed questions.

The most important issue revolves around the creation of a model ordinance which Macedonian municipalities (or the Association of Units of Local Self‐Government of the Republic of Macedonia) could adopt in order to set‐up and run municipal‐level anti‐corruption agencies. The location of such agencies as well as their competencies (to monitor conflicts of interests, oversee asset declarations, and conduct corruption risk‐audits among others) are analysed. The paper also provides legal interpretations of Macedonian legislation and their likely impact on municipal council ordinance design in the area of anti‐corruption – providing the legal basis for positive administrative silence, the splitting of municipal procurement contracts, and (most controversially) qui tam rewards at the municipal level.

A brief regulatory impact analysis of the ordinance shows a gain of €162,900 in social welfare if such a programme were rolled‐out in Macedonia.

The present paper provides some of the legal analysis which previous papers lack.