Digital Commons Network^™

Rights Of Nature: The Indigenous-Led Movement For Sovereignty And A Sustainable Future, Kathryn Schug, Ted Gordon

The Journal of Social Encounters

The rights of nature movement works to grant legal rights to beings other than humans. Led by Indigenous communities across the globe, the movement is grounded in commonly shared Indigenous beliefs that regard non-human beings as are our relatives and as deserving of the same legal rights as humans. Grounded in Indigenous worldviews, the rights of nature movement pursues the twin goals of creating an environmentally sustainable future and enshrining legal protections for Indigenous values and practices. This article explores how the White Earth Nation, a federally recognized Ojibwe tribal government in Minnesota became the first in the United States …

Theory And Practice Of Mediation Representation, John Lande

Faculty Publications

These days, American attorneys regularly represent clients in mediation. This representation is a complex process, and attorneys and law students need guidance about how to serve clients well in this context. This article offers a theoretical framework for analyzing mediation representation based on Real Practice System Theory. It reviews books that outline elements of mediation representation and identify practical techniques that attorneys can use when representing clients in mediation. It supplies several suggestions for faculty who teach mediation, including teaching courses combining the perspectives of both mediators and mediation representatives.

Why Nigeria Needs A Femicide Law, Jessica Ojiugo Chinonye

Dignity: A Journal of Analysis of Exploitation and Violence

The Federal Republic of Nigeria does not have a law against femicide or comprehensive global femicide data. The numbers currently reported at the national level are questionable, especially with the prevalence of economic-motivated harvesting of female reproductive organs in the country. The lack of a legalized femicide law has exacerbated the underreporting of such activities in Nigeria and has made the severity of the crime less visible. This article aims to name the problem by defining and advocating for a femicide law encompassing the social realities of many Nigerian females.

"Boycott" -- A Proposed Legal Definition Put To Test, Sharona Aharoni-Goldenberg, Gerry Leisman

Hofstra Labor & Employment Law Journal

The definition of "boycott" attracts controversy in legislation, case law, and dictionaries. This paper questions what the worthy legal definition of "boycott" is. It examines and analyzes various sources on "boycott." We conclude that the most distinctive characteristic of a "boycott" is omissions, such as refusal to provide services. The antithesis of omission is commission. Omissions signify allowing something to happen, whereas commissions signify causing it to happen. Since boycotts concern omissions, they entail less legislative interference with the boycotter's right of autonomy. Yet, the autonomy of the boycotters should be restrained when they coerce the boycott's targets, coerce others …

‘Constellations’ And ‘Entanglement’ In The Study Of Legal Pluralism: Reflections On The Scholarship Of Keebet Von Benda-Beckmann, Petra K. Mahy Dr

The Indonesian Journal of Socio-Legal Studies

Two key terms permeate the work of Keebet von Benda-Beckmann (and of her co-authors, especially Franz von Benda-Beckmann) in her discussions of legal pluralism: ‘constellations’ and ‘entanglement’. These terms are both concerned with describing the existence of, and interrelationships between, plural legal orders. This article critically analyses these two terms, their usage and implied meanings, and compares them with other alternative concepts employed elsewhere in legal pluralism and cognate literature. With reference to empirical evidence on plural work regulation in Indonesia, I argue that the terms have some descriptive benefits for understanding the realities of plural legal orders, but still …

Evolving Notions Of Public Interest: A New Perspective On Land Acquisition In Indonesia, Bakhrul Amal, Yusriadi Yusriadi, Ana Silviana

Indonesia Law Review

Indonesia relating to land issues. The meaning of public interest in land acquisition which is expected to be able to help realize justice, prosperity and welfare for the community turns out that in its implementation it actually causes conflict because it is not in accordance with the principles of balance and justice. The problems that the research tries to answer are: (1) What is meant by public interest according to the applicable laws and regulations? (2) How is the reconstruction of the meaning of public interest in land acquisition for development in the public interest based on the principles of …

A Call To Action: The Need For Uniform Healthcare Standards For Incarcerated Pregnant Women In U.S. Jails & Prisons, Victoria K. Mastrofilippo

Health Law Outlook

No abstract provided.

What Originalism Can Teach Historians: History As Analogy, Means-Ends Tests, And The Problem Of History In Bruen, Kunal M. Parker

Notre Dame Law Review

There is a long tradition of professional historians’ critiques of lawyers’ truncated understandings and clumsy deployments of the past. The intellectual historian J.G.A. Pocock’s The Ancient Constitution and the Feudal Law, with its depiction of a “common-law mind” obdurately committed to the continuity of law and unable to grasp the significance of situating law in historical context, might be taken as the origin point of a post–World War II tradition. Historians’ critiques have enjoyed a fresh lease of life since constitutional originalism began to assume prominence in the closing decades of the twentieth century. As legal scholars and judges …

Batavia In The19th Century: A Russian Diplomat's Criticism Of The Capital Society And The Colonial System Of The Dutch East Indies, Ahmad Fahrurodji

International Review of Humanities Studies

ABSTRACT This article analyzes the traces of diplomatic relations between the Russian Empire and the Dutch East Indies in the late 19th century. The views and criticisms of the Russian Consul in Batavia became one of the important milestones of cultural relations between the two nations in the future. This research is a cultural history research using historical research method and structural approach. The documents used are diplomatic reports that have been published in the original language (Russian). By using the theory of hermeneutics, this article aims to see how Batavia and the people in it interacted and acted from …

Deutsche Welle’S Coverage Of Palestine And Israel From December 1st To December 8th 2023: A Critical Discourse Analysis, Zahirah Soraya Nurromadini, Sonya Puspasari Suganda

International Review of Humanities Studies

The attacks on October 7th, 2023 sparked a new wave of escalation between Israel and Palestine with global news coverage. Though there is coverage on both sides, many are calling out the Western news media for being biased in their reports. This paper explores the diction used by Deutsche Welle (DW) when reporting Palestine and Israel from December 1st to December 8th, 2023. The paper will use the Critical Discourse Analysis (CDA) theory by Norman Fairclough to process the data using a qualitative approach. The study aims to examine whether the diction used by DW journalists in their reports reflects …

Riungan: Representation Of Muslim Betawi Pinggir Through The Practice Of Eating Together (A Case Study Of Kampung Pondok Pucung, Pondok Aren, South Tangerang), Gregorio Surya Abdi Julianto, Yudi Bachrioktora

International Review of Humanities Studies

Riungan is an eating-together event involving the kampung community as a form of religious worship and gratefulness/gratitude to God. Through an ethnography approach, with in-depth interviews and a literature review as a method, this research explores the relationship between the practice of eating together and cultural identity in riungan as held by the Muslim Betawi of Kampung Pondok Pucung. The result of this research shows that riungan has become a space to representation of the cultural identity of the Betawi Pinggir (peripheral Betawi), particularly emphasizing their cultural and Islam heritage. Through the types of food brought and the communal eating …

Hyperreality In Sharenting: Challenges Of Being An Indonesian Parent Today, Yosepha Arybowo, Maria Regina Widhiasti

International Review of Humanities Studies

The phenomenon of sharenting refers to the practice of parents, particularly mothers, sharing personal information in the form of text, photos, or videos about their child-rearing experiences and journey to parenthood on social media platforms. Social media, as a space of simulation, is considered to present an idealized version of parenting, showcasing perfect moments and achievements. This paper critically explores how the phenomenon of sharenting, especially by millennial mothers in Indonesia, contributes to the construction of family life representations that underlie parents' adaptation to idealized parenting standards on social media platforms. The paper samples sharenting content from several Instagram accounts …

Translation Of Archaisms In English Contractual Documents, Indra Listyo, Myrna Laksman-Huntley, Haru Deliana Dewi

International Review of Humanities Studies

This research investigates the translation of archaisms, particularly here-words and there-words, from English to Indonesian, highlighting the unique challenges they present. Using a descriptive qualitative method, the study is framed by the Skopos theory and ISO 24495-1:2023 - Plain Language principles. The Skopos theory stresses the translation's intended purpose, advocating a functional approach that enhances the target text's communicative efficacy. ISO 24495-1:2023 ensures legal documents are clear, concise, and accessible, maintaining their legal integrity. The research examines a bilingual English-Indonesian contractual document, the Global Master Repurchase Agreement, to analyze the translation of these archaic terms. Findings show that translating archaisms …

Poetry Of The Singing Palm Tree: The Tradition Of Tapping Palm Trees In Sabu Raijua, Ntt, Daniel Hariman Jacob

International Review of Humanities Studies

This article is a research study focusing on the poetry singing performed by palm sap tappers in Sabu Raijua, which has become the identity of the people of Sabu Raijua, NTT. The poems that are sung are part of the process of tapping palm sap. This tradition has become the identity of the Sabu (Do Hawu) people. This research aims to show which poems are sung by the Sabu people while tapping palm sap and examine these poems using a literary and oral tradition approach. Additionally, this article reveals the poems of the Palm Tree Song (Alure Pakolo Due) in …

Approach Of Biography Of Objects: A Passage From Profane To Sacred, Fierda Al Jahra, Irmawati Marwoto

International Review of Humanities Studies

This paper discusses the life journey of buildings through the Biography of Things approach taken through a case study of the Bouwploeg building which is currently the Cut Meutia Mosque. The change from an office building as a profane building to a mosque as a sacred building is the reason for the biography of things approach. This research uses the main data in the form of the Cut Meutia Mosque building, which is still standing in Menteng, Central Jakarta. The research method used in this research is based on the K. R. Dark framework which consists of data sources, data, …

Material Culture As A Lifestyle And Self-Identity: A Case Study Of The Rotating Savings To Buy An Iphone In Indonesia, Ghilman Assilmi

International Review of Humanities Studies

Branding as a cultural production is a phenomenon that involves the creation of narratives, symbols, and identities that affect individuals and social. Through the study of material culture, this article discusses the representation of a person's lifestyle and self-identification in meeting the needs of smartphones with the iPhone brand. Using the literature study method, social media data on the internet shows that there is a business service strategy in the form of savings or social gathering in buying an iPhone to consumers. The research results show that strong branding images built by Apple Inc. make people who economically are not …

The Role Of Salimah Mass Organization In Build The Family Resilience (Case Study In Cimanggis Sub-District, West Java, 2019-2022), Izzah Asy Syahidah, Basuni Imamuddin

International Review of Humanities Studies

Weak family resilience can cause various problems for family or society. Ideally, building family resilience is also needed society support. It will be more efficient if there is a place where people work together, such as a mass organization. One of the organizations that has contributed in building family resilience is Salimah (Muslimah Association). It is a mass organization of Indonesian Muslim women that focuses on providing solutions to improve the quality of women, children, and families. Salimah has many programs aimed at building family resilience. This study aims to examine Salimah’s role in building family resilience in Cimanggis sub-district, …

Tek Seng Bio Temple As A Symbol Of History And Locality Of The Chinese Indonesian Community In Cikarang, Harry Farinuddin, Didik Pradjoko

International Review of Humanities Studies

This article examines Tek Seng Bio (德圣庙) Temple within the context of the temple as the symbol of local history among Chinese Indonesians in Cikarang. Established in 1900 by Tjio Lo Weh (蒋維内) from Fujian, the temple marked the inception of a Chinese settlement in North Cikarang. Unique in its devotion to Lín Tài Shī Gōng/Liem Tay Soe Kong (林太师公) as their main deity, Tek Seng Bio Temple originally functioned as a private familial place of worship. However, its transition to a public worship house faced challenges in 1967, with Presidential Instruction Number 14 imposing restrictions on Chinese religious practices, …

Verbal Text Supports On Pictures In Creating Destination Image, Siti Aisyiyah, Myrna Laksman-Huntley, Filia Filia Dr.

International Review of Humanities Studies

Recently, social media like Instagram, YouTube, and Facebook have been widely used for tourism destination attractiveness. The research investigates how to create a tourism destination image on Instagram from a social semiotic perspective. Data comprises 17 photos of Blue Flame posted by 7 Destination Marketing Organizations (DMOs). Applying the Visual Grammar framework by Kress & Leeuwen (2021), particularly the representational meta function, and Speech Functions by Halliday & Matthiessen (2014), this study finds how verbal texts support visual modes in creating the image of the Blue Flame at Ijen Geopark. Findings show that: (i) Narrative non-transactional action photos are more …

Orality Inheritance Of Makalelon Wakan Song: Oral Tradition Of Tontemboan Minahasa, Arter Jodi Senduk

International Review of Humanities Studies

This research discusses about an oral tradition of Makalelon song of Tontemboan Minahasa ethnicity. This Makalelon Wakan is an originally traditional sub-ethnic song of Tontemboan Minahasa with lyrics in Tontemboan, Manado Malay and Indonesian, entitled 1) Minta Doa, 2 Tumembo Meko, 3) Di bawah Sinar, 4) Si Pisok Matelew-telew, 5) Sungguh Ibu, 6) Saaku Tumanei, 7) Bila Malam Tiba, 8 E Po’ok-po’ok, and 9) Saaku Cabow still continue being sung by the Minahasan people until now. From the research result, it is found that the Makalelon song has been the form of supplications and …

Building Empathy And Unveiling Reality: The Role Of Metaphor And Simile In Max Havelaar, Barbara Elisabeth Lucia Pesulima

International Review of Humanities Studies

In Indonesia Multatuli's Max Havelaar is regarded as a powerful indictment of Dutch colonialism in Indonesia. Extensive research has explored the novel's historical context, social critique, and its influence on Indonesian nationalism, but less attention has been paid to the literary devices that give the novel its enduring emotional power. This paper fills this gap by examining how metaphor and simile presented in the dialogs found in the novel function as key instruments in shaping the reader's experience. Existing studies of Max Havelaar often delve into the novel's historical background, its scathing critique of Dutch colonial practices, and its role …

Phylogenetic Analysis Of Anthropomorphic Rock Art: A Study Of Material Culture Evolution, Muhammad Faisal Chair, Ali Akbar

International Review of Humanities Studies

This paper provides an explanation of the application of phylogenetic analysis, derived from biology, to be applied in archaeology with the aim of observing evolutionary phenomena, the development of ideas, and the dissemination of ideas from material culture. Phylogenetics will be applied to data on anthropomorphic motifs at five rock art sites in West Sumatra: Gua Lidah Air, Gua Runjo, Ngalau Tompok Syohiah, Batu Basurek, and Gua Basurek. The main stages in this analysis involve collecting representative data in the category of distinctive values from each rock art site. Distinctive values data is obtained through observation and identification of morphological …

The Philosophy Of Spirits Purification In The Ritual Entas-Entas In Wonotoro Village As The Identity Of The Tengger Community, Turita Indah Setyani, Titik Pudjiastuti, Rias Suharjo, Mamlahatun Buduroh, Mu’Jizah Mu’Jizah, Dwi Rahmawanto

International Review of Humanities Studies

This paper examines the Ritual Entas-entas as a purification ceremony for spirits in Wonotoro Village, Tengger. The ritual originates from a manuscript believed to aid in purifying the spirits of deceased family members. This ritual has been passed down orally. However, the manuscript serving as the reference for the ritual can no longer be traced. The issue is, how the sustainability of the Ritual Entas-entas in Wonotoro Village, Tengger? The research aims to demonstrate that the Tengger community possesses a collective memory strength and high adherence to traditional rules as part of everyday religious practice. The research utilizes ethnographic methodology …

'We Only Want To Plant Oil Palm": An Ethnohistory Of Illegal Peasant’S Oil Palm Plantations In Muaro Jambi, Jambi Province, Indonesia, Yudi Bachrioktora

International Review of Humanities Studies

The increasing global demand for vegetable oils and biofuels is a determining factor in increasing oil palm expansion in Indonesia. The current studies of Indonesia's oil palm expansion focus on companies' large-scale land acquisition. In this process, often called land grabbing, small peasants are excluded from the acceleration of oil palm expansion. This research focuses on the rarely discussed topic of the participation of small peasants in the palm oil production chain. Employing ethnohistory, this research unfolds the impact of oil palm expansion on small peasants and indigenous people, especially those who expand their plantations into the forest in Jambi …

The Strategy Of Featuring The Game Honor Of Kings Through Characterization In The Drama Series You Are My Glory (2021), Bella Homario, Adi Kristina Wulandari

International Review of Humanities Studies

The drama series You Are My Glory (Nǐ shì wǒ de róngyào你是我的荣耀), directed by Wang Zhi (王之), aired in 2021 and consists of 32 episodes. This research focuses on the first 14 episodes, which showcase the popularity of the game Honor of Kings-HoK (Wángzhě róngyào王者荣耀) through the interactions and dialogue between the two main characters, Yu Tu (于途) and Qiao Jingjing (乔晶晶). The integration of the popular online game HoK with the drama, starring top actors and actresses, represents a novel strategy that warrants further study. The analysis is conducted intrinsically by examining the characterizations of …

Rohingya Persecution In Myanmar And Thoughts On Repatriation: Evidence From Rohingya Refugee Camps In Bangladesh, Md. Khalid Rahman, Md. Khaled Amin

Indonesian Journal of International Law

This study aimed to address the causes of systematic and repeated violence, extortion, torture, and persecution of Rohingya minority in Myanmar. Rohingyas were forcibly displaced from their land several times starting in 1978 to the border of Bangladesh by the Tatmadaw and the Buddhist majority. According to the United Nations (UN), within one and a half months after the exodus on 25, August 2017, Rohingyas had fled across the border, which was the largest refugee migration from Myanmar to Bangladesh. A total of 104 Rohingyas were surveyed using a structured questionnaire to investigate the causes of the mass violence. The …

'Othering' Of Refugees: An Anti-Thesis To Right Against Discrimination, Jasmeet Gulati

Indonesian Journal of International Law

The process of ‘othering’ and the basis of ‘otherness’ separates marginal from the mainstream and is generally construed as discrimination amongst different social groups. The paper discusses the concept of ‘othering’ with specific reference to the rights of refugees, their plight in the country of refuge, and the attitude of national governments while dealing with the rights of refugees in compliance of international obligations. The process of characterizing refugees as ‘others’ in the host country directly affects their basic rights, which would otherwise be granted to them being refugees under international refugee law. Thus, discrimination stems from the very perspective …

Climate Change In Arctic And Indigenous Peoples: Challenges And Solutions, Vera Solovyeva

Ocean and Coastal Law Journal

Climate change poses a serious threat to human well-being, negatively affecting health, traditional environmental management, water supply and food security. Changes in the environment are exacerbating indigenous peoples' problems. This is especially relevant to those who lead traditional lifestyles and whose well-being depends on agricultural and livestock production. This Article addresses the challenges and potential solutions to climate change in the Arctic ecosystem, including the Sub-Arctic regions. Physical changes to the landscape are examined alongside impacts on Indigenous culture and identity. In addition, the article explains the importance of Indigenous knowledge, values, and ethics in developing successful adaptation strategies. In …

Room To Grow: Exorcising The Curse Of Coverage To Make Room For Professional Identity Formation, Barbara Glesner Fines

Faculty Works

In any conversation about integrating opportunities for professional identity formation into the curriculum, particularly when suggesting that these opportunities be integrated into required doctrinal courses, one will hear an objection that there is no room for these learning activities. Many doctrinal teachers worry that incorporating professional identity formation opportunities or focus into classes would require sacrificing the critical time, doctrinal content, and analytical skills that are the “signature pedagogy” of law schools. Lawyering skills faculty, already managing a broad, feedback-intensive range of learning objectives, may object that their courses are the last place one can find room for one more …

Sino-American Sanctions Convergence?, Ryan Martinez Mitchell

Cardozo International & Comparative Law Review

The People's Republic of China is rapidly constructing a new regime for economic and diplomatic sanctions. With its Anti-Foreign Sanctions Law (AFSL) and related legislation, Beijing has taken a step towards legally formalizing the means of pressure it uses against states, organizations, or individuals seen as threatening its core interests. Meanwhile, various informal coercive measures also continue to be employed. While questions remain about their scope and future uses, Beijing has especially extolled AFSL sanctions as countermeasures to U.S. interference.

This Article undertakes a detailed examination of the new Chinese sanctions framework, its historical origins, and its role in Beijing's …