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Articles 1 - 30 of 1095
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The Quality Of Peace In Post-Conflict Situation: A Comparative Study Between Armed Conflicts In Aceh And Bangsamoro, Ikhwan Rahmatika Latif, Dyah Mutiarin, Achmad Nurmandi
The Quality Of Peace In Post-Conflict Situation: A Comparative Study Between Armed Conflicts In Aceh And Bangsamoro, Ikhwan Rahmatika Latif, Dyah Mutiarin, Achmad Nurmandi
Global: Jurnal Politik Internasional
This article investigates the quality of peace in armed conflicts that occurred in the Southeast Asia region. The authors compared the cases of Aceh, where the armed conflict between the Free Aceh Movement or GAM and the government of Republic Indonesia ended peacefully with the Helsinki Memorandum of Understanding, with the conflict in the southern Philippines, where a peace agreement, the Comprehensive Agreement on the Bangsamoro, was successfully achieved between the government of Philippines and the Moro Islamic Liberation Front. This research employed document analysis to analyse the peace settlement documents of both parties and the derivative laws of the …
Indonesia's Involvement In The Afghanistan Peacebuilding Process, Fabian Nur Farizan, Dudy Heryadi
Indonesia's Involvement In The Afghanistan Peacebuilding Process, Fabian Nur Farizan, Dudy Heryadi
Global: Jurnal Politik Internasional
This article aims to understand and analyse Indonesia's involvement in ensuring peace, especially in peacebuilding efforts in Afghanistan. Indonesia’s commitment to improve its peace efforts in Afghanistan was expressed by President Joko Widodo during his visit to Kabul in 2018. This research used Lederach’s pyramid model of peacebuilding as the primary analysis tool. Lederach’s pyramid model identifies three approaches to peacebuilding, along with the main actors in the population affected by the conflict—namely top leadership, middle range leadership, and grass-root leadership. The results of the study show that Indonesia's involvement in Afghanistan in peace efforts has been carried out at …
The Moderation Of Frente Farabundo Martí Para La Liberación Nacional’S Economic Orientation In El Salvador, 2009-2019, Petrus Putut Pradhopo Wening
The Moderation Of Frente Farabundo Martí Para La Liberación Nacional’S Economic Orientation In El Salvador, 2009-2019, Petrus Putut Pradhopo Wening
Global: Jurnal Politik Internasional
Frente Farabundo Martí Para la Liberación Nacional (FMLN) was a Marxist guerrilla group, known for its activities in the 1980s and 1990s to seize El Salvador’s government through war. Post-peace accords, FMLN transformed into an electoral political party and successfully won to lead the government of El Salvador in 2009-2019, but then they compromised their economic policies to suit neoliberalism. This article uses Gill and Law’s conceptualisation of the theory of direct and structural power of capital to explain the causes of FMLN’s neoliberalism-compromising economic policy adjustment in 2009-2019. This article finds that El Salvador’s social and political-economy historical dynamics, …
The New Decade Of Construction Contracts: Technological And Climate Considerations For Owners, Designers, And Builders, Geoffrey F. Palachuk
The New Decade Of Construction Contracts: Technological And Climate Considerations For Owners, Designers, And Builders, Geoffrey F. Palachuk
Seattle Journal of Technology, Environmental & Innovation Law
In the next decade, the construction industry faces two intertwined risks: implementation of new technologies and the impacts of climate change. Those overlapping risks will present both practical and legal issues for design professionals, developers, builders, legislators, and the public at large. Although the average participant in the construction industry may not think twice about the emergence or adoption of new technologies, or the effect of climate change on the completed project, those issues present nuanced legal implications. Construction projects and their contracts must adapt. While companies seek to implement new technologies, provide sustainable products, optimize project systems, and maximize …
The “Green Patent Paradox” And Fair Use: The Intellectual Property Solution To Fight Climate Change, Samuel Cayton
The “Green Patent Paradox” And Fair Use: The Intellectual Property Solution To Fight Climate Change, Samuel Cayton
Seattle Journal of Technology, Environmental & Innovation Law
As the climate crisis consistently worsens, the United States’ response to the crisis has proven inconsistent. Even with the United States likely to recommit to the Paris Climate Agreement, political tensions will likely further delay a climate response. The polarized characterization of the Green New Deal, the inaction of scientifically misguided conservatives, and the incessant proposal for middle ground approaches lacking the urgency needed to change course all contribute to this delay. While swift action from the federal government is needed, looking to the private sector to transition to sustainability is equally important. Specifically, patent protection is a strong intellectual …
Environmental Protection, The Military, And Preserving The Balance: “Why It Matters, In War And Peace”, Kurt Smith
Environmental Protection, The Military, And Preserving The Balance: “Why It Matters, In War And Peace”, Kurt Smith
Seattle Journal of Technology, Environmental & Innovation Law
International military operations around the world are major actors on the world stage of global pollution. The United States military remains subject to federal, state, and local environmental laws. However, many exemptions exist to assist the military despite its status as a global polluter. Many environmental policies have incrementally developed over the last one-hundred years largely as a reaction to the most extreme circumstances. Scientific knowledge continues to increase our awareness of the lasting impacts of policy decisions relating to the environment, giving rise to the precautionary principle, that notion that we should do no lasting harm, in our care …
Indonesia’S Trade Diplomacy Through Fta: Analysis On Actors, Processes, And Goals Of Diplomacy, Pantri Muthriana Erza Killian
Indonesia’S Trade Diplomacy Through Fta: Analysis On Actors, Processes, And Goals Of Diplomacy, Pantri Muthriana Erza Killian
Global: Jurnal Politik Internasional
The purpose of this article is to examine the various FTAs that Indonesia has been involved in within the last 15 years by looking at the three core elements of trade diplomacy: actors, processes, and goals of FTAs. Based on these elements, this research finds that Indonesia’s FTA diplomacy tends to be dominated by foreign policy interests compared to economic ones, which can be observed through several elements. First, Indonesia’s FTA diplomacy is dominated by state actors and foreign policy players with little involvement from economic players and non-state actors. The numerous FTAs signed through ASEAN also reinforced this domination …
The Environmental Protection Agency’S Role In U.S. Climate Policy- A Fifty Year Appraisal, Jody Freeman
The Environmental Protection Agency’S Role In U.S. Climate Policy- A Fifty Year Appraisal, Jody Freeman
Duke Environmental Law & Policy Forum
No abstract provided.
Authoritarianism In The Halal Product Guarantee Act Of Indonesia: A Contribution To An Ongoing Debate, Siti Rohmah
Authoritarianism In The Halal Product Guarantee Act Of Indonesia: A Contribution To An Ongoing Debate, Siti Rohmah
Indonesia Law Review
This study aims to examine the discourse on authoritarianism in the Halal Product Guarantee Act of Indonesia. The issue raised concerns opinions on or accusations of the Halal Product Guarantee Act of Indonesia reflecting authoritarianism and threatening human rights, specifically, religious beliefs. Furthermore, the discourse on authoritarianism in the Halal Product Guarantee Act of Indonesia states efforts to impose a single interpretation of the provisions in Islamic law. In this study, we investigate the validity of these allegations using a statute and conceptual approach. In this research, we determine that the claim of authoritarianism in the Halal Product Guarantee Law …
Of Sex Crimes And Fencelines: How Recognition Of Environmental Justice Communities As Crime Victims Under State And Federal Law Can Help Secure Environmental Justice, Joshua Ozymy, Melissa L. Jarrell
Of Sex Crimes And Fencelines: How Recognition Of Environmental Justice Communities As Crime Victims Under State And Federal Law Can Help Secure Environmental Justice, Joshua Ozymy, Melissa L. Jarrell
Pace Environmental Law Review
Environmental justice communities throughout the United States continue to face disproportionate health burdens from living near industrial sources of pollution. Such burdens were caused by historically racist public policies and continue to be perpetuated by inadequate regulatory responses at the federal and state level. State and federal law has increasingly recognized an emerging set of rights afforded to victims of crime in court proceedings. We argue that members of environmental justice communities should be viewed as crime victims and have the same rights applied as other victims of violent crime. Using case examples under the federal Crime Victims’ Rights Act …
Unlocking The Ballot: The Past, Present, And Future Of Alaska Native Voting Rights, Zachary R. Kaplan
Unlocking The Ballot: The Past, Present, And Future Of Alaska Native Voting Rights, Zachary R. Kaplan
Alaska Law Review
Racial oppression in American democracy is older than America itself. While most existing scholarship focuses on the historical disenfranchisement of Black and Latinx voters, this Note tells the story of the voting rights of a smaller, but still noteworthy marginalized American community: Alaska Natives. By contextualizing the history of Alaska Native disenfranchisement within the broader national landscape, this Note seeks to illuminate the ways in which the Alaska Native experience is similar to, and unique from, the experiences of other marginalized American communities. Although this history and present are rife with troubling discrimination, inequity, and non-compliance, this Note is ultimately …
Goodbye Yellow Brick Road: Enfranchisement Among Native American Voters And Nick V. Bethel, Kristen M. Renberg
Goodbye Yellow Brick Road: Enfranchisement Among Native American Voters And Nick V. Bethel, Kristen M. Renberg
Alaska Law Review
This Comment documents the limited impact of Nick v. Bethel and proposes legislative and electoral reforms to increase enfranchisement among Alaska Natives. The Voting Rights Act (VRA) of 1965 made significant progress in protecting minority voting rights. In 2007, a federal district court interpreted the “historically unwritten” exemption in Section 203 of the VRA for the first time in Nick. While the court found Yup’ik to be historically unwritten, the court also reasoned that written translations of election materials should be prepared in order to ensure that oral translations were effective in accommodating voters. The state responded through various actions …
Toward A More Democratic America, Thomas Kleven
Toward A More Democratic America, Thomas Kleven
Seattle Journal for Social Justice
No abstract provided.
Utilizing Tort Law To Deter Misconduct In The Public Sector, Boaz Segal
Utilizing Tort Law To Deter Misconduct In The Public Sector, Boaz Segal
Seattle Journal for Social Justice
No abstract provided.
Harry Dondorp, David Ibbetson, And Eltjo J. H. Schrage (Eds.), Limitation And Prescription: A Comparative Legal History, Benjamin West Janke
Harry Dondorp, David Ibbetson, And Eltjo J. H. Schrage (Eds.), Limitation And Prescription: A Comparative Legal History, Benjamin West Janke
Journal of Civil Law Studies
No abstract provided.
Two Politicizations Of U.S. Antitrust Law, Frank Pasquale, Jacqueline Green
Two Politicizations Of U.S. Antitrust Law, Frank Pasquale, Jacqueline Green
Brooklyn Journal of Corporate, Financial & Commercial Law
Critics have accused the Trump Department of Justice (DOJ) and Trump-appointee-chaired Federal Trade Commission (FTC) of populism, deviating from the more technocratic standards that governed agency interventions during the Bush and Obama eras. The broad brush of politicization has been applied to the administration's handling of a wide variety of topics, ranging from marijuana and media mergers, to landmark lawsuits against Google and Facebook. But a more discerning eye is necessary here. The concept of the political has both authoritarian and democratic registers. The federal Google and Facebook antitrust cases reflected the democratization of high technology antitrust. Meanwhile, troublingly authoritarian …
The Revolution Of The Commercial Space Industry: Why Current Laws Must Be Replaced Before American Business Expands To The Moon And Beyond, Drew M. Fryhoff
The Revolution Of The Commercial Space Industry: Why Current Laws Must Be Replaced Before American Business Expands To The Moon And Beyond, Drew M. Fryhoff
Brooklyn Journal of Corporate, Financial & Commercial Law
Space, the final frontier. Resting at the rim of the Earth, an endless void full of opportunity awaits those who are willing to take a leap of faith. Historically, only national space programs have been capable of orchestrating expeditions to outer space. However, American aerospace companies now rival governmental entities in their abilities to operate beyond the Earth’s atmosphere. State-of-the-art developments in aerospace technology have positioned the American commercial space sector to become more productive than national space programs in the years to come. Unfortunately, the potential of the American commercial space sector is severely hindered under the Treaty on …
Refocusing The United States’ Perspective Of China And The South China Sea, Gaaret Marinelli
Refocusing The United States’ Perspective Of China And The South China Sea, Gaaret Marinelli
San Diego International Law Journal
There is a shift in world power that can be felt by world leaders and ordinary citizens alike, and its movement will realign the rest of the world. Since its rise to a great world power after World War II, the United States has maintained its position as the world’s predominant leader, both militarily and economically. However, this dominance is threatened by a formidable challenger. A rapidly ascending China is challenging the United States’ military and economic power, but the United States is not adequately positioned to meet this challenge. Some scholars theorize that China and the United States are …
Guns-For-Hire: Chinese Mercenaries On The 21st Century Silk Road, Carl H. Peterson Iv
Guns-For-Hire: Chinese Mercenaries On The 21st Century Silk Road, Carl H. Peterson Iv
Washington International Law Journal
There has been an increased global use of private military contractors (PMCs) since the large-scale American use of them in the wars in Afghanistan and Iraq. This has included an increase in Russian and now Chinese PMCs. As China continues to develop its Belt and Road Initiative (BRI), it is likely that the world will see an increase in the number of Chinese PMCs used to protect these projects. In this event it is important to bring Chinese PMCs into the PMC industry’s most effective private regulatory bodies, as these bodies are often more effective at ensuring ethical PMC conduct …
The "People's Total War On Covid-19": Urban Pandemic Management Through (Non-)Law In Wuhan, China, Philipp Renninger
The "People's Total War On Covid-19": Urban Pandemic Management Through (Non-)Law In Wuhan, China, Philipp Renninger
Washington International Law Journal
Although COVID-19 was first detected in the People’s Republic of China, the pandemic now appears contained there. Western and Chinese media attribute this apparent success to the central level of the Chinese state and the Communist Party. However, this article reveals that local entities provided critical contributions to China’s COVID-19 management, particularly in the pandemic’s first epicenter: Wuhan city in Hubei province. Chinese cities like Wuhan can fight public health emergencies through legal and nonlegal instruments. Although Wuhan had prepared for possible pandemics, its existing plans, institutions, and warning systems initially failed against COVID-19. The city did not contain the …
An Australian Conundrum: Genomic Technology, Data, And The Covidsafe App, David Morrison, Patrick T. Quirk
An Australian Conundrum: Genomic Technology, Data, And The Covidsafe App, David Morrison, Patrick T. Quirk
Pace International Law Review
This paper examines the difficulties that have arisen in Australia in the use of its contact-tracing app. We examine the privacy implications around the use of the app, the wider economic imperative, and the balancing of those concerns against the health threat of the COVID-19 pandemic. We posit that default options are superior in times of emergency and rather than begging for the adoption of lifesaving technology, we suggest that the evidence gathered by behavioral economists provides an apposite and powerful alternative worthy of consideration.
Human-Machine Teaming And Its Legal And Ethical Implications, Jim Q. Chen, Thomas Wingfield
Human-Machine Teaming And Its Legal And Ethical Implications, Jim Q. Chen, Thomas Wingfield
Military Cyber Affairs
Humans rely on machines in accomplishing missions while machines need humans to make them more intelligent and more powerful. Neither side can go without the other, especially in complex environments when autonomous mode is initiated. Things are becoming more complicated when law and ethical principles should be applied in these complex environments. One of the solutions is human-machine teaming, as it takes advantage of both the best humans can offer and the best that machines can provide. This article intends to explore ways of implementing law and ethical principles in artificial intelligence (AI) systems using human-machine teaming. It examines the …
Parental Responsibility Of Children Crime In Indonesian Criminal Adat Law, Ahmad Irzal Fardiansyah, Sigid Suseno, Mien Rukmini, Lies Sulistiani
Parental Responsibility Of Children Crime In Indonesian Criminal Adat Law, Ahmad Irzal Fardiansyah, Sigid Suseno, Mien Rukmini, Lies Sulistiani
Jurnal Hukum & Pembangunan
Children who are in conflict with the law cannot be separated from the responsibilities of parents as the first party in the childs environment. The relationship between parents and children is a harmonized relationship from a strong emotional connection on the basis of blood relations. This situation makes parents unable to release and be released responsibility for their childrens behavior. When children are faced with the law, policies to take over the responsibility of supervising children from parents, by denying that parents actually have the opportunity to deal with the problems of children who are dealing with the law are …
Speaking Truth To Power And Power Speaking Truth: Accurate And Reliable Information In A Pandemic, Leslie E. Gerwin
Speaking Truth To Power And Power Speaking Truth: Accurate And Reliable Information In A Pandemic, Leslie E. Gerwin
San Diego Law Review
In this Article, I offer some preliminary ideas for how we might engage in a collective project to enable our government to improve its capacity to help us understand and respond to a future existential health threat. I first deconstruct the government informing process to analyze the points of information contestation based upon the realities we are experiencing. I then outline a project to create a space in which respected experts mediate knowledge claims and moderate contested opinions regarding the human risk of, and government response to, a public health threat. This idea embraces the ambitious goal of educating and …
Sistem Manajemen Mutu Pltn Dari Perspektif Regulasi Di Indonesia Dan Standar Yang Berlaku, Fery Putrawan Cusmanri
Sistem Manajemen Mutu Pltn Dari Perspektif Regulasi Di Indonesia Dan Standar Yang Berlaku, Fery Putrawan Cusmanri
Jurnal Hukum & Pembangunan
Investment in the construction of nuclear power plants is an interesting investment. This is indicated by the emergence of investment plans for the construction of nuclear power plants in Indonesia. Communities and industries that make electricity a primary need will certainly welcome the potential energy offered by nuclear power plants. However, on the other hand the quality of NPP energy services must of course be maximized. This paper was made to provide a brief description of the management system requirements that need to be met by the NPP permit applicant along with additional best practices from the ISO 9001: 2015 …
Bullock V. United States Bureau Of Land Mgmt., Henry O'Brien
Bullock V. United States Bureau Of Land Mgmt., Henry O'Brien
Public Land & Resources Law Review
A Montana District Court ruled that William Perry Pendley unlawfully served as the Director of BLM for 424 days and cast doubt on the legality of many BLM decisions made during that period. The ruling took a stronger stand against the Trump administration’s liberal and brash use of acting appointees than other, similar cases have.
Mission-Centered Collaborative Bridges To Increase Stem Motivations, Colleen Duffy
Mission-Centered Collaborative Bridges To Increase Stem Motivations, Colleen Duffy
Journal of Vincentian Social Action
Many school administrators are enthusiastic about implementing new educational initiatives but have their plans thwarted because they are faced with the reality of insufficient resources. This can greatly limit the expansion of K-12 educational programs and deprive students of valuable learning opportunities. Additionally, teacher preparation programs are required to meet state mandates such as providing field experiences for preservice teachers that promote the authentic application of knowledge in PK-12 classrooms, but regional competition for placement opportunities create tremendous obstacles for higher education faculty. This essay describes the creation and implementation of a mission-centered mutually beneficial K-12 and intercollegiate partnership that …
Building Teacher Empathy And Culturally Responsive Practice Through Professional Development And Self-Reflection, Barbara S. Rieckhoff, Melissa Ockerman, Amira Proweller, James Wolfinger
Building Teacher Empathy And Culturally Responsive Practice Through Professional Development And Self-Reflection, Barbara S. Rieckhoff, Melissa Ockerman, Amira Proweller, James Wolfinger
Journal of Vincentian Social Action
Today’s teachers face growing demands and mandates to support every aspect of a student’s academic success, with additional expectations to support students’ social and emotional needs both inside and outside of the classroom. In the face of increasing student cultural, racial and linguistic diversity, the teaching pool remains relatively homogeneous, consisting largely of white, European-American educators. This disconnect between the lived experiences of teachers and their students makes it difficult for teachers to value and connect to a diverse student body. This qualitative study explores how a collaborative multi-tiered critical professional development model between a non-for-profit organization and a University, …
Improving Co-Teachers Relationships, Asher Samuel
Improving Co-Teachers Relationships, Asher Samuel
Journal of Vincentian Social Action
Co-teaching is an instructional strategy wherein two teachers, a general education teacher and a special education teacher, share instructional responsibilities in a general education class that includes students with disabilities (SWDs) (Friend, 2010). An important component of co-teaching is the relationship between the teachers (Kohler-Evans, 2006), which has been described as a professional marriage (Friend, 2010). However, there is limited information on factors influencing the relationship. This study investigated if teaching experience affects co-teachers’ perception of teamwork. Participants included special and general education co-teachers from eight public school districts in New York City. Co-teachers from grades K-12 completed the Tuckman …
The Impact Of Universally Accelerating Eighth Grade Mathematics Students On Participation And Achievement, Patrick Walsh
The Impact Of Universally Accelerating Eighth Grade Mathematics Students On Participation And Achievement, Patrick Walsh
Journal of Vincentian Social Action
In New York State students are traditionally scheduled to take Algebra I in their first year of high school mathematics. However, in many schools, the “top” students in a cohort have access to this course in eighth grade, tracking these high-achieving students ahead of their lower-achieving peers. In response, some schools have adopted the policy of “Algebra for all” in eighth grade – called universal acceleration. While this policy ensures equal access to a challenging curriculum for all students, regardless of race, socioeconomic status, and prior achievement, there is a concern that not all students are developmentally ready to take …