Studies in Law and Justice

Fair by Design? The Legal and Ethical Challenges of Algorithmic Hiring

2025-08-15T10:09:08+00:00

This paper critically examines the promise and pitfalls of algorithmic hiring systems through a legal and ethical lens. Focusing on cases such as Pymetrics, HireVue, and Amazon’s résumé screening tool, we explore how automated decision-making in recruitment, despite claims of neutrality and fairness, often reproduces or amplifies existing social inequalities. Drawing from recent legal scholarship and normative theories of algorithmic fairness, we show how systems designed to minimize human bias can inadvertently encode discriminatory assumptions into technical infrastructures. The paper analyzes competing fairness frameworks and emphasizes that fairness is not a purely technical feature, but a normative commitment that must guide every stage of system development and deployment. We argue for a shift from reactive audits to proactive, participatory governance models grounded in transparency, inclusiveness, and accountability. Through the “Developer’s Model for Responsible AI”, we propose a structured, lifecycle-based approach to operationalize fairness in algorithmic systems, especially in sensitive domains like employment. Ultimately, the paper contends that ensuring justice in AI is not only a technical challenge but a democratic imperative.

Toward a Legally Interoperable NFT Ecosystem: A Hybrid Framework for Intellectual Property Governance in Digital Assets

2025-08-15T10:12:08+00:00

This paper investigates the unresolved intellectual property challenges posed by non-fungible tokens (NFTs), a rapidly growing class of digital assets that blend decentralized technologies with creative content distribution. Despite widespread adoption across art, entertainment, and gaming sectors, the legal infrastructure surrounding NFTs remains fragmented, creating uncertainty for creators, buyers, and platforms alike. The objective of this study is to critically evaluate existing theoretical models—including property-based, contract-based, and provenance-centered approaches—and assess their adequacy in governing NFT-related rights and obligations.

Methodologically, the paper employs a comparative legal analysis of current NFT licensing practices, supported by interdisciplinary review of blockchain architecture, smart contract functionalities, and relevant international IP frameworks. Based on legal theory, technical standards, and case studies, the paper identifies critical gaps in enforceability, rights attribution, and jurisdictional clarity.

In response, the study proposes a hybrid legal-technical framework comprising seven interconnected components: Smart Licensing Infrastructure (SLI), an On-Chain Provenance and Rights Registry, Embedded Royalty Clauses with Legal Backing, Token-Linked Legal Contracts (TLCs), along with dispute resolution and jurisdictional compatibility. These elements collectively aim to bridge decentralized code execution with enforceable legal standards, facilitating clearer licensing arrangements, more reliable royalty enforcement, and scalable dispute resolution mechanisms.

It presents a novel blueprint for technical capabilities of NFTs with the foundational requirements of intellectual property law. By incorporating legal metadata, verifiable authorship records, and jurisdictional parameters directly into NFT structures, the framework strengthens legal predictability without restricting innovation. This research contributes to academic discourse by advancing a multidimensional governance approach for digital assets, offering actionable pathways toward regulatory coherence and sustainable development within the NFT ecosystem moving forward.

A Legal Appraisal of the Conceptualization of Environmental Protection

2025-08-29T06:48:30+00:00

This paper provides a critical legal appraisal of the conceptualization of environmental protection, examining its evolution, theoretical foundations, and implementation within national and international legal frameworks. Environmental protection has shifted from a reactive approach rooted in common law remedies to a more proactive, rights-based and sustainable development-oriented paradigm. The study explores key legal principles such as the precautionary principle, polluter pays, intergenerational equity, and public participation, and evaluates how these have shaped environmental legislation and policy. It further investigates the role of soft law, multilateral environmental agreements, and judicial activism in defining the legal contours of environmental protection. Challenges such as weak enforcement mechanisms, conflicts between economic development and ecological sustainability, and disparities in global environmental governance are also addressed. The paper argues for a more integrated and enforceable legal framework that balances ecological imperatives with socio-economic needs, advocating for the elevation of environmental rights within the broader context of human rights. Ultimately, the appraisal highlights the need for a robust legal conceptualization that responds effectively to contemporary environmental threats, including climate change and biodiversity loss.