Law Commons^™

Of Race, Racism And Racially Motivated Offences: A Review Of The Hate Crime And Public Order (Scotland) Act 2021, Olufemi O. Ilesanmi, Danielle Mckandie

Class, Race and Corporate Power

A relationship of social and legal significance seems to exist between the prohibition of expressions or manifestations of racism and the society’s preservation of racial diversity. To discourage racial prejudice and thereby protect each race, the state must manage its diversity well by legislating against racist hate offences. In Scotland, for example, the government boldly accepted that hate crimes, including racially motivated offences, are a serious problem requiring closer attention. Through its Hate Crime and Public Order (Scotland) Act 2021, the state resolves to tackle related criminality.

Focusing on the Act, this review examines whether or how race within the …

Aphorism Cookies, Erik M. Jensen

Mississippi College Law Review

No abstract provided.

China's Use Of Nontraditional Strategic Landpower In Asia, Sheena Chestnut Greitens

The US Army War College Quarterly: Parameters

This article argues that the People’s Republic of China uses its police and internal security forces as a nontraditional means of projecting strategic Landpower in the Indo-Pacific and Central Asia. Instead of limiting analysis of China’s power projection to military forces, this article employs new data on Chinese police engagements abroad to fill a gap in our understanding of the operating environment in Asia. Policymakers will gain an understanding of how these activities enhance China’s presence, partnerships, and influence across the region to inform the development of recommendations for a more effective response.

Parameters Spring 2024, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Rethinking The Relevance Of Self-Deterrence, Jeffrey H. Michaels

The US Army War College Quarterly: Parameters

Self-deterrence is critically understudied in deterrence theory. Similarly, deterrence practitioners prefer to focus on adversaries’ threats rather than seeking to account for the full scope of fears influencing the decision calculus of policymakers. Through historical case studies, this article identifies where self-deterrence has occurred, highlights the benefits of incorporating the concept in future strategic planning and intelligence assessments, and recommends that policymakers, strategists, and analysts acknowledge self-deterrence as an important factor when preparing for future wars.

Strategy As Problem-Solving, Andrew Carr

The US Army War College Quarterly: Parameters

This article proposes a new definition of strategy as problem-solving that challenges the focus on goals and assumptions of order within many post–Cold War approaches to strategy. It argues that the military needs strategy to diagnose the complex problems of the twenty-first century before they can be solved. Inspired by practitioners such as Andrew Marshall and George F. Kennan, this new definition clarifies what strategists do and offers a logic for distinguishing the use of the term strategy. Practitioners will also find problem-solving tools and pedagogies they can adopt today.

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

Welcome to the Spring 2024 issue of Parameters. Readers will note a few differences in the formatting for this issue: we are now using endnotes instead of footnotes to facilitate switching from pdf to html via Adobe's Liquid App; also, readers will be able to click on each endnote number to view the full endnote and then switch back to the text to resume reading. Please drop us a note to let us know how you like the changes. More are coming!

International Law, Self-Defense, And The Israel-Hamas Conflict, Eric A. Heinze

The US Army War College Quarterly: Parameters

This article examines the international law of self-defense as it applies to the ongoing Israel-Hamas conflict to determine whether the October 2023 attacks by Hamas against Israel can be interpreted under Article 51 of the UN Charter as an “armed attack” that gives Israel the right to use military force in self-defense against non-state actors. It situates the conflict within ongoing legal and political debates, shows how this conflict fits into a changing global reality where the most dangerous security threats do not exclusively emanate from other states and concludes that Israel’s resort to force in the current conflict appears …

Us-Taiwan Relations And The Future Of The Liberal International Order, Christina Lai

The US Army War College Quarterly: Parameters

Strengthening ties with Taiwan is the best chance the United States has to preserve the liberal international order in Asia and improve its security relative to China. This study offers a normative perspective on how Taiwan can contribute to US-led international institutions and the Asian regional order and reduce conflict risk. It concludes with recommendations for the United States and its partners to integrate Taiwan into multilateral institutions in Asia.

Future Foresight And Its Impact On The Application Of Iso 22301 Business Continuity Management System In The Commercial Banking Sector In Jordan, ثروت الحوامدة, حنان بو طه

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The study aimed to identifying the effect of future foresight in the application of the ISO 22301 standard for business continuity management system in the commercial banking sector in Jordan. Whose number is (400) employees, the study sample consisted of (196) employees, were randomly selected. The study followed the descriptive and analytical approach. The questionnaire was used as a tool for data collection. The results of the study showed that the relative importance of the future foresight was high, and the relative importance of applying the ISO 22301 standard for business continuity management system was high, as it came after …

Protecting The Rights Of The Researcher In E- Scientific Research, سهيل الفتلاوي

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Paperbacks industry has experienced great development industry through modern electronic means. When their reach this stage of development and the arrival of Paperbacks to the reader via computers, fired by the E-Research or electronic or digital library, which can be read via computer or tablet computer or mobile phone. Which became possible we can carry thousands of researchs in a small device and read researchs in a simple and easy access to information very quickly. And facilitate access to E-Researchs in an hour issued to the reader without the trouble, which spread the circle of human knowledge and scientific …

The Role Of Scientific Research In Predicting Crimes And Anticipating Their Future Sharjah Academy Of Police Sciences As A Model, محمد العثمني, عماد ربيع, عدنان الضمور, عبدالله اليحيائي, جمال الشحي

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The study aimed to know the role of scientific research in predicting crimes and foreseeing their future - by reviewing the experience of the Academy of Police Sciences in Sharjah. And planning for it, and among the most prominent findings of the study: Forecasting crimes aims to study the events and issues that occurred in the past and occur in the present, with the aim of knowing the potential or expected indicators that are verifiable, if certain conditions are met. The success of the forecasting process depends on the accuracy of the available information. Analysing and choosing the appropriate model …

The Role Of Scientific Research In The Development Of Legislation, منصور الصرايرة

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This research dealt with issues related to the role of scientific research in the development of legislation, and the research aimed to clarify the concept of scientific research, its importance in preparing and drafting legislation, and clarifying its role in linking jurisprudence and legislation and the extent to which its theories are implemented in the field of legislation.

The problem of the research was the extent to which the national legislator adopted or ignored the opinions of legal scholars and commentators and their points of view in the legislation that the legislator is enacting or amending, hence the importance of …

The Absence Of A Parallel Path Of Appeal As A Condition For Accepting The Annulment Claim In Light Of The Judicial Diligence In The Jordanian Administrative Judiciary, احمد حسن ابو صباح, ميس خلدون صالح

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The absence of a parallel appeal process is one of the formal conditions for accepting the annulment lawsuit, as this condition is considered a judicial one of origin. The legislation differed in adopting this condition, hence the problem of this research, as the Jordanian legislator did not stipulate the absence of a parallel appeal path as a condition for accepting the annulment case in The Administrative Judiciary Law, and accordingly, what is the position of the Jordanian administrative judiciary on the theory of the lack of a parallel path of appeal, and the extent to which the approach of the …

Criminal Protection Of The Electronic Payment Methods: A Comparative Study, شاكر شبول, ممدوح العدوان

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

As a result of the technological development in the field of commercial operations, Selling and buying goods and its services are carried out through technological and technical means, in addition to that the payment of the price for these operations has shifted to be through electronic means, so what is known as electronic payment systems.

On the other hand, technology affected the development of crime and the emergence of new acts, including acts of assault on electronic payment methods.

These developments revealed the need for a new legal provision that provides the necessary protection for these means, especially since the …

The Extent Of The Application Of Governance And The Degree Of Its Association With Financial Indicators And Obstacles To Their Application In Companies Listed On Palestine Stock Exchange, خالد زبدة, عمر أبو عيده

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The main objective of this research is to recognize the reality of the application of governance in the Palestinian companies, and also to analyze the relationship between some financial indicators of those companies with the governance implementation level. For instance, ROA, ROE, Paid-up Capital, R/P, Stock market value, stock book value, and Net income, trying also to identify the obstacles facing its implantation, and to suggest measures that will help to improve the level of application of corporate governance in these companies This study was applied to all (48) companies listed on the Palestine Stock Exchange, divided into five sectors …

Obedience Restrictions On Public Employee, فيصل الحوامدة

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This research deals with the subject of obedience restrictions that can be applied on public employee and shows the concept of public employee, obedience and its verdict and importance. The concept of restrictions which control the employee's compliance for his employers in public administration is considered to be a legal responsibility within certain limits shown in this research in details:

In public jobs, employees have to comply their employers' orders in which employees should implement these orders without raising opposition. This research shows that compliance has certain limits in which employees should work within them .Compliance won't be obligatory if …

The Damage Caused By The Procedural Defect Of Upholding Invalidity In The Jordanian Shariah Courts, منال الرشيدي

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The damage was verified by the procedural defect in order to uphold invalidity in the Jordanian Sharia courts

Damage is the effect resulting from the existence of a defect or violation in the procedural work, and the affected party has the right to uphold it, and it is one of the most important legal problems that legal legislators must address when drafting laws. As a result of a defect in one of the procedures, and who is the owner of the right to uphold it, it also aims to identify the articles that dealt with realizing damage as the purpose …

Precautionary Measures At The Execution Judge In The Jordanian Sharia Courts: A Legal Jurisprudence Study, ميسر العفان, محمد السكر

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This research dealt with the precautionary measures that the execution judge resorts to in the Jordanian Sharia courts, with what is entrusted to him from the discretionary authority in the cases that fall within his competence, where the researcher proceeded to define the term precautionary measures in jurisprudence and law, and between its rooting and its validity in Islamic Sharia and positive law, then between the concept of discretionary authority, idiomatically and legally, then between the discretionary authority entrusted to the execution judge in jurisprudence and law, and then between the applied aspect in the precautionary measures entrusted to the …

How Can Generative Ai (Genai) Enhance Or Hinder Qualitative Studies? A Critical Appraisal From South Asia, Nepal, Niroj Dahal

The Qualitative Report

Qualitative researchers can benefit from using generative artificial intelligence (GenAI), such as different versions of ChatGPT—GPT-3.5 or GPT-4, Google Bard—now renamed as a Gemini, and Bing Chat—now renamed as a Copilot, in their studies. The scientific community has used artificial intelligence (AI) tools in various ways. However, using GenAI has generated concerns regarding potential research unreliability, bias, and unethical outcomes in GenAI-generated research results. Considering these concerns, the purpose of this commentary is to review the current use of GenAI in qualitative research, including its strengths, limitations, and ethical dilemmas from the perspective of critical appraisal from South Asia, Nepal. …

In Citizenship We Trust? The Citizenship Question Need Not Impede Puerto Rican Decolonization, Jimmy Mcdonough

Michigan Law Review

Puerto Rico is an uncomfortable reminder of the democratic deficits within the world’s oldest constitutional democracy. Puerto Ricans are U.S. citizens who live in a U.S. territory that is subject to the plenary authority of Congress, to which they cannot elect voting members. In 2022, under unified Democratic control for the first time in a decade, Congress considered the Puerto Rico Status Act, legislation that would finally decolonize Puerto Rico. The Status Act offered Puerto Rican voters three alternatives to the colonial status quo—statehood, independence, or sovereignty in free association—and committed Congress to implementing whichever alternative won majority support from …

From Canonical Law To Offshore Finance: Confessing To Priests And Bankers In Luxembourg, Samuel Weeks

Journal of Global Catholicism

In this article, I address two recurring tendencies that I heard during a recent period of research on banking secrecy in Luxembourg. First, my banker interviewees frequently mentioned personal transgressions for why many of their clients hide assets “offshore.” The wrongdoings my interlocutors cited included not only clients’ tax evasion, bankruptcy, and avoidance of liability – but also divorce, adultery, and the existence of out-of-wedlock children. Second, with a similar frequency, my interviewees drew parallels between the secrecy laws covering bankers and those afforded to other professionals in the country. Article 458 of Luxembourg’s Penal Code, dating from the nineteenth …

“Genocide Of The Soviet People”: Putin’S Russia Waging Lawfare By Means Of History, 2018–2023, Anton Weiss-Wendt

Genocide Studies and Prevention: An International Journal

This article exposes the political underpinnings of the term “genocide of the Soviet people,” introduced and actively promoted in Russia since 2019. By reclassifying mass crimes committed by the Nazis and their accomplices against the civilian population—specifically Slavic—as genocide, Russian courts effectively engage in adjudication of the history of the Second World War. In the process, genocide trials, ongoing in twenty-five Russian provinces and five occupied Ukrainian territories, present no new evidence or issue new indictments, thus fulfilling none of the objectives of a standard criminal investigation. The wording of the verdicts, and a comprehensive political project put in place …

Conflict And Race In Literature & Law. The Case Of Americanah, Emanuela Ignatoiu Sora

Comparative Woman

In Americanah, the 2013 novel by Chimamanda Ngozi Adichie, there is a scene when one of the characters, Laura, speaks of her Ugandan classmate who did not get along with an African-American colleague. Laura is surprised as, for her, all persons of color are similar, with no understanding for their differences in background, personal stories and experiences. The novel depicts and critiques this very categorization of race, which flattens differences, conflating groups and individuals who might share very little, if anything. For a long time, law (with its stipulations, precedents and rulings) has operated in a similar manner, disengaging …

Role Of Fat Talk On The Relationships In The Bruneian Chinese Society, Shee Ping Khoo, Brice Tseen Fu Lee

International Review of Humanities Studies

This research paper examines the role of “fat talk” in relationships in Bruneian Chinese society. “Fat talk” refers to negative comments about one's weight or body shape towards oneself or others. Using qualitative research methods, the study explores the perceptions and experiences of Bruneian Chinese individuals regarding “fat talk”, factors leading to the discussion of the topic, and its impact on their relationships with their peers. The findings suggest that while “fat talk” is prevalent in Bruneian Chinese society, it can have both positive and negative effects on relationships. The study aims to highlight the importance of addressing the “fat …

Prosumer Behavior Of The Army Fandom Of Bts In Indonesia As A Form Of New Consumerist Society, Larassatti Dharma Nanda, Joesana Tjahjani

International Review of Humanities Studies

One of the most influential K-pop groups in the world is Bangtan Sonyeondan, abbreviated as BTS. BTS' success can also be determined by their extensive community of fans who create a fandom culture worldwide, including in Indonesia. This paper investigates the BTS fandom consumerism behavior, which is called ARMY, and its relation to Indonesia's participatory fan culture. This research focuses on how BTS's managing company creates a fandom image and how Indonesian fans react. This article is qualitative research using a literature review as the method. Analysis of this paper uses the consumerist society theory by Jean Baudrillard (1986) to …

Comparison Of The Religious Meaning Of Water Festivals In Thailand And Laos, Tang Lin, Darmoko Darmoko

International Review of Humanities Studies

Both Thailand and Laos are predominantly Buddhist countries, following Theravada Buddhism. Influenced by Indian Buddhism, both countries celebrate several similar festivals, such as Songkran, Makha Bucha, Visakha Bucha, and Vixakha Souvana. Among all these celebrations, Songkran is considered the most lively, and this is the focus of this article. The article compares and analyzes the culture of Songkran in Laos and Thailand, including the festival's themes, cultural significance, and activities, to highlight the similarities and differences between the two. The cultural significance found in the Water Festival primarily stems from Indian cultural influences, while the differences in meaning are attributed …

Gender, Preferred Digital Platforms And Remote Teaching/Learning Activities Among Undergraduates With Hearing Impairment In Alvan Ikoku Federal College Of Education, Owerri, Imo State, Chikodi Joy Anyanwu

International Review of Humanities Studies

A descriptive survey research approach was chosen for the investigation. The method of inquiry was chosen since the researcher employed a questionnaire to collect information from respondents. The population includes 41 undergraduates with hearing impairment at Alvan Ikoku Federal College of Education, Owerri, Imo State and 7 lecturers. The study sample consists of thirty-four (34) out of 41 students with hearing impairment who were registered for regular /evening programmes and, seven (7) lecturers who taught them remotely. The data gathering tool was a structured questionnaire adapted from Okoro (2015) and termed Digital Platforms for Remote Teaching of Deaf Students (DPRTDS). …

A Study On Biography Of Things: Posbloc Public Creative Spaces, Vherendio Novtha Varidy, Irmawati Marwoto

International Review of Humanities Studies

This paper discusses the journey of Pasar Baru Post Office using The Biography of Things study in which observes the building from time to time. Pasar Baru Post Office is used as the main source in this paper. Amidst the changes since The Netherland-Colonial era, the building remains still and that became the reason this study was conducted through The Biography of Things study. The research method used in this article is the research framework of Sharer and Ashmore which consists of data collection, processing, and interpretation. The results of the study show that there are some changes in the …

Counter-Discourse And Power In Ahmed Yerimah’S Hard Ground And Uwemedimo Atakpo’S Watering The Hard Ground, Anietie Francis Udofia

International Review of Humanities Studies

Niger Delta uprising always evokes controversial positions viewed from a single perspective from the pages of print to electronic media with which many dramas and films on their themes clone some intertextual discourses as the absolute voice on the Niger Deltans’ problem. The major concern is usually the violence caused by the people of the Niger Delta to disrupt the peace of the Nigerian society without giving a second thought to the people’s complaint about the political which worsens the situations of the region. Using qualitative research methodology, framed on Mikhail Bakhtins’ theory of Dialogism as a suitable theoretical framework …